Paul Bender (jurist)

Paul Bender is an American attorney, author, judge, and former dean of the Arizona State University college of law. He was formerly a professor at the University of Pennsylvania Law School. Over his career Bender has argued more than 20 cases before the United States Supreme Court. He is often cited as an expert in constitutional law.[1][2][3]

Paul Bender
Paul Bender (left), Jon Kyl (center), and Andrew D. Hurwitz (right) speaking at Arizona State University
Chief Justice, Supreme Court of the Fort McDowell Yavapai Nation
Assumed office
1998
Principal Deputy Solicitor General of the United States
In office
1993–1996
Appointed byDrew S. Days, III
Preceded byJohn G. Roberts
Succeeded bySeth Waxman
Personal details
Born1933
Brooklyn, New York.
Alma materHarvard University (A.B., J.D.)

Education

Bender attended James Madison High School in Brooklyn, New York, where he was a high school classmate with future Supreme Court Justice Ruth Bader Ginsburg.[4] Bender received both his bachelors and J.D. degrees from Harvard University. After law school Bender clerked for Judge Learned Hand of the United States Court of Appeals for the Second Circuit and Justice Felix Frankfurter of the U.S. Supreme Court during the 1959 Term.

After his clerkships Bender was a professor at the University of Pennsylvania Law School before becoming dean of the Arizona State University college of law in 1984. In 1965 Bender served as Assistant to U.S. Solicitors General Archibald Cox where he defended the United States in Brenner v. Manson. He later worked as General Counsel to the President's Commission on Obscenity and Pornography from 1968 until 1970. Bender served as dean of the ASU law school until 1989. In 1993, during the Bill Clinton administration, Bender was appointed Deputy Solicitor General by Drew Days. Bender continues to teach courses in constitutional law at ASU.

Bender has been the Chief Judge of the court of appeals of the San Carlos Apache Tribe since 2005, and Chief Justice of the Supreme Court of the Fort McDowell Yavapai Nation since 1998.

While Deputy Solicitor General, Bender argued several notable cases, including:

Other notable case Bender has argued before the Court include:

Bender was a vocal opponent of Miguel Estrada, who worked under Bender at the Solicitor General's office, when Estrada was nominated to the D.C. Circuit Court of Appeals[10][11][12]

Arizona redistricting commission

Bender was part of the team that drafted Arizona's Proposition 106, which created the Arizona Independent Redistricting Commission in 2000.[13] Bender subsequently sought one of the five seats on the commission.[14][15] His nomination was opposed by Republicans in the state legislature[16] and was the subject of an Arizona Supreme Court case: Adams v. Commission on Appellate Court Appointment.[17] The court held that members of tribal courts are not "public officials" for the purpose of the redistricting commission.[18]

Publications
  • Copyright and First Amendment After Eldred v. Ashcroft, 30 Colum J. L. & Arts 349 (2006)(SSRN).
  • Foreword, the School Tax Credit Case - a Study in Constitutional Misinterpretation, 32 Ariz. St. L. J. 1 (2000).
  • 1990 Arizona Repatriation Legislation, 24 Ariz. St. L.J. 391 (1992)(SSRN).
  • Paul Bender (co-author). Political and Civil Rights in the United States (Orig. 1979; 4th Supp. 1982). Boston, Mass.: Little, Brown. ISBN 0316236276, ISBN 9780316236270.
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References
  1. "A Crack in the Wall". The New York Times. 5 November 2010.
  2. "Supreme Court Review - Arizona PBS". Azpbs.org. Retrieved 2017-01-23.
  3. Grado, Gary (January 20, 2017). "Paul Bender: A constitutional authority still learns from his students". Azcapitoltimes.com. Retrieved 2017-01-23.
  4. https://www.nytimes.com/1993/10/05/us/supreme-court-roundup-opening-term-court-will-ponder-sign-on-a-home.html
  5. "Farmer V. Brennan | Findlaw". Caselaw.lp.findlaw.com. Retrieved 2017-01-23.
  6. "513 U.S. 454 (1995) : United States et al. v. National Treasury Employees Union et al" (PDF). Loc.heinonline.org. Retrieved 2017-01-23.
  7. "United States v. Virginia (full text) :: 518 U.S. 515 (1996) :: Justia U.S. Supreme Court Center". Supreme.justia.com. Retrieved 2017-01-23.
  8. "United States v. Winstar Corp. (full text) :: 518 U.S. 839 (1996) :: Justia U.S. Supreme Court Center". Supreme.justia.com. Retrieved 2017-01-23.
  9. "Bush v. Vera (full text) :: 517 U.S. 952 (1996) :: Justia U.S. Supreme Court Center". Supreme.justia.com. Retrieved 2017-01-23.
  10. "An Unacceptable Nominee". The New York Times. 2003-01-29. Retrieved 2017-01-23.
  11. "What a difference an election makes". National Review. 2003-01-31. Retrieved 2017-01-23.
  12. Greenberger, Robert S. (7 March 2003). "Estrada's Nomination Sparks Fierce Partisan Row Over Race". Wall Street Journal.
  13. Levy, Gabrielle (June 29, 2015). "Supreme Court Upholds Arizona's Independent Redistricting Panel". US News and World Report. Retrieved January 24, 2017. 'The people of the country are saying, 'Hey, we don't want legislators drawing their own districts,' Bender says. 'We don't want them gerrymandering the state in order to increase the political power of the people who happen to be in the majority. That’s not democracy.'
  14. "Application (Including Attachments) For Independent Redistricting Commission : Paul Bender" (PDF). Sonoranalliance.com. Retrieved 2017-01-23.
  15. Christopher Cook (December 8, 2010). "Is Paul Bender Really 'Independent?'". Western Free Press. Retrieved 2017-01-23.
  16. Lemons, Stephen (28 December 2010). "Russell Pearce Wants To Rig Redistricting (Surprise, Surprise)". Phoenixnewtimes.com. Retrieved 2017-01-23.
  17. Adams v. Commission on Appellate Court Appointment III, No. CV–10–0405–SA (Ariz. July 8, 2011). Retrieved September 12, 2017.
  18. "Arizona court urged to decide redistricting issue". Arizona Capitol Times. Retrieved 2017-01-23.
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