Per Curiam
Two Lessons From Judge Silberman – David E. Nahmias
Download PDF Two Lessons From Judge Silberman David E. Nahmias* Judge Silberman was for a year my boss and for decades thereafter my mentor and friend. Like so many of his former law clerks, I rarely made a significant decision in my professional or personal life without consulting him. He taught me many lessons, but two have been most important. First, Judge Silberman was a model of intellectual honesty. He had strong opinions on many topics (many, many topics!), but he was always interested in having those opinions challenged and tested. He...
read moreJudge Silberman, Party Presentation, and the Non-Court Court – Judge Eric D. Miller
Download PDF Judge Silberman, Party Presentation, and the Non-Court Court Eric D. Miller* Judge Laurence H. Silberman leaves an extraordinary legacy of public service and contributions to American law, marked most notably by his commitment to the idea of judicial restraint: that the proper role of a judge is limited and that a judge should respect the limitations of that role and not assume powers vested in Congress or the Executive Branch.[1] Judge Silberman summed up his commitment when he said that a judge, in every case, should begin by...
read moreJudge Laurence H. Silberman Symposium Essay – Viet Dinh
Download PDF Judge Laurence H. Silberman Symposium Essay Viet Dinh* “I wanted to be a lawyer from the time I was six years old.”[1] So was launched the career of Laurence H. Silberman, who served faithfully as a public official and, in the best sense of the word, an intellectual. His career spanned private practice, the Department of Justice, an ambassadorship, think tanks and the legal academy, and decades on the U.S. Court of Appeals for the D.C. Circuit. He served America in her hour of greatest need as Chair of the Robb-Silberman...
read moreBaloney, Fortuity, and Character – Paul Clement
Download PDF Baloney, Fortuity, and Character Paul Clement* In May 2017, I had the opportunity to interview Judge Silberman for an oral history project being assembled by NYU’s Institute of Judicial Administration. I felt like I had won the lottery. The chance to sit down with Judge Silberman for the better part of a day and ask him questions—talk about role reversal—was too good to pass up. The resulting oral history runs over three hours and spans a remarkable career on and off the bench. It deserves to be savored in full. But in...
read moreCommon Ground with an Uncommonly Good Man: A Tribute to Judge Laurence H. Silberman – Rachel Barkow
Download PDF Common Ground with an Uncommonly Good Man: A Tribute to Judge Laurence H. Silberman Rachel Barkow* The passing of an influential, high-ranking government figure typically brings assessments of their public life and service. But people are so much more than their public acts. When I reflect on the life of Judge Laurence H. Silberman, for whom I clerked more than 25 years ago, what stands out to me is the warmth, mentorship, and friendship he showed me, and so many others, outside the public spotlight. That may seem––and probably...
read moreRemembering the Life and Legacy of Laurence H. Silberman – Justice Amy Coney Barrett
Download PDF Remembering the Life and Legacy of Laurence H. Silberman Justice Amy Coney Barrett* Exactly 25 years ago this year, I walked into Judge Silberman’s chambers to begin my clerkship. Like all of his law clerks, I stood in awe of his accomplishments. The accolades offered since his unexpected death have highlighted many of those: Judge Silberman was a high-ranking official in the Department of Justice, a high-ranking official in the Department of Labor, ambassador to Yugoslavia, co-chair of the Robb-Silberman Commission, and a...
read moreThe First Step Act and the Pardon Power – Dave Yost & Benjamin M. Flowers
Download PDF The First Step Act and the Pardon Power Dave Yost & Benjamin M. Flowers* Mercy is a virtue. It implies a lack of worthiness on the part of the person to whom mercy is shown—to release an innocent prisoner is not mercy, but justice. Mercy is an act that overlooks a wrong and acts humanely, with compassion and with a view toward restoration. But mercy is not the only virtue. And it can work at cross-purposes with others, especially in government. Consider prudence. Exhibiting mercy to a criminal defendant generally means...
read moreWhat Part of “In Common Use” Don’t You Understand?: How Courts Have Defied Heller in Arms-Ban Cases—Again – Mark W. Smith
Download PDF What Part of “In Common Use” Don’t You Understand?: How Courts Have Defied Heller in Arms-Ban Cases—Again Mark W. Smith[*] Introduction In the year since New York State Rifle & Pistol Association v. Bruen[2] was decided, a line of argument has developed in the lower courts that effectively seeks to relitigate and nullify District of Columbia v. Heller.[3] Heller established the constitutional test to determine what arms are protected by the Second Amendment. After examining the text of the Second Amendment, as illuminated by...
read moreReview: Keeping Our Republic – Benjamin Pontz
Download PDF Review: Keeping Our Republic Benjamin Pontz* Bernhardt, David. You Report to Me: Accountability for the Failing Administrative State. New York: Encounter Books, 2023. Thapar, Amul. The People’s Justice: Clarence Thomas and the Constitutional Stories That Define Him. New York: Regnery Publishing, 2023. Wallach, Philip. Why Congress. New York: Oxford University Press, 2023. *** Americans love Benjamin Franklin. An electricity-experimenting daredevil, an independent thinker whose penchant for pithy one-liners shines...
read moreGroff v. DeJoy: Hardison is dead, long live Hardison! – Nick Reaves
Download PDF Groff v. DeJoy: Hardison is dead, long live Hardison! Nick Reaves* For decades, lower courts and litigators labored under the (mis)impression that the Supreme Court meant what it said in TWA v. Hardison: that an employer can deny a religious accommodation if it imposes anything more than a “de minimis” (or minimal) cost on the employer’s business.[1] So understood, Hardison cost countless religious minorities their jobs and allowed this country’s largest employers to deny religious accommodations by pointing to the all but...
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