Diane Pamela Wood
Encyclopedia
Diane Pamela Wood is a federal judge
on the United States Court of Appeals for the Seventh Circuit
, and a Senior Lecturer at the University of Chicago Law School
.
Wood was born in Plainfield, New Jersey
. When she was young, she moved with her family to Texas
, where her mother still lives. Wood graduated with a B.A. from the University of Texas at Austin
's Plan II Honors program in 1971. She earned her J.D.
from the University of Texas School of Law
in 1975, where she was an editor of the Texas Law Review
, graduated with high honors and Order of the Coif
, and was among the first women at the University of Texas admitted as a member of the Friar Society
. Wood then clerked for Judge Irving Goldberg of the Fifth Circuit Court of Appeals from 1975 to 1976 and for Associate Justice
Harry Blackmun
of the U.S. Supreme Court from 1976 to 1977. She was among the first women to clerk at the Supreme Court.
After working in private practice and the Executive Branch, Wood became the third woman ever hired as a law professor at the University of Chicago Law School
. Wood was nominated to the Seventh Circuit by President Bill Clinton
on March 31, 1995. She is considered a liberal intellectual counterweight to the Seventh Circuit's conservative heavyweights, Richard Posner
and Frank Easterbrook.
Recently, many commentators have called Wood a leading candidate for nomination to the U.S. Supreme Court by President Barack Obama
. She was a candidate to replace Justice David Souter
when he left the bench in 2009, though that seat went to Sonia Sotomayor
. In 2010, she was on the short list of potential nominees to take retiring Justice John Paul Stevens'
seat, but that nomination instead went to U.S. Solicitor General
Elena Kagan
.
to Lucille Padmore Wood and Kenneth Reed Wood. Wood lived in nearby Westfield, New Jersey
, where her father was an accountant at Exxon
, and her mother worked for the Washington Rock Girl Scout
Council. She is the middle of three children; she has an older sister Judy and a younger brother Bob. When Wood was sixteen, Exxon transferred her father’s job to Houston, Texas
, and the family moved there. In 1968, Wood graduated as valedictorian from Westchester High School
in Houston.
, in the Plan II Honors program. In May 1971, after three years of study, Wood earned a B.A.
with highest honors and special honors in English
. At the time, she intended to go on to graduate studies in comparative literature
. However, she decided to go to law school instead, and enrolled in the University of Texas School of Law
in 1972. During law school, Wood was an editor of the Texas Law Review
and a member of the Women's Legal Caucus. Wood earned her J.D.
from the University of Texas School of Law in 1975, graduating at the top of her class with high honors and Order of the Coif
.
Harry Blackmun
of the U.S. Supreme Court from 1976 to 1977. Wood was one of the first women to serve as a law clerk for a Supreme Court Justice. After clerking at the Supreme Court, Wood was an attorney-advisor for the Office of the Legal Adviser of the U.S. Department of State from 1977 to 1978. From 1978 to 1980, she practiced at the law firm Covington & Burling
in Washington, D.C.
Wood began her teaching career as an assistant professor of law at Georgetown University
from 1980 to 1981. In 1981, Wood settled in Chicago and joined the faculty of the University of Chicago Law School
. She was the third woman ever hired as a law professor at the University of Chicago and the only woman on the faculty when she began in 1981. Wood served as Professor of Law from 1989 to 1992, Associate Dean from 1990 to 1995, and (as the first woman to be honored with a named chair) the Harold J. and Marion F. Green Professor of International Legal Studies from 1992 to 1995. Since her appointment to the Seventh Circuit, Wood has continued to teach at the University of Chicago Law School as a Senior Lecturer in Law, along with fellow Seventh Circuit judges Frank Easterbrook and Richard Posner
.
Wood was a special assistant to the Assistant Attorney General
at the U.S. Department of Justice from 1985 to 1987. From 1993 to 1995, she served as Deputy Assistant Attorney General for international, appellate, and policy in the Antitrust Division
of the Department of Justice.
Wood holds memberships in the American Law Institute and the American Society of International Law. She is also a Fellow of the American Academy of Arts and Sciences and serves on its Midwest Council. In the past, she was also a member of the American Bar Association
. She has served on the governing councils of the ABA’s Section of Antitrust Law and its Section of International Law and Practice. Wood has pursued various law reform projects through the American Bar Association and the Brookings Institution Project on Civil Justice Reform. She was also instrumental in developing the University of Chicago’s first policy on sexual harassment
. While still a full-time law school professor (prior to joining the Department of Justice and the Court of Appeals), she was a member of Planned Parenthood and the National Organization for Women.
by President Bill Clinton
on March 31, 1995, to a seat vacated when William Joseph Bauer
took senior status
. She was confirmed unanimously by the United States Senate
and received her commission on June 30, 1995. Wood became the second woman ever to sit on the Seventh Circuit. On the bench, Wood is known for building consensus on the court and rallying other judges around her positions. Neil A. Lewis has called Wood an “unflinching and spirited intellectual counterweight" to the Seventh Circuit's well-known conservative heavyweights, Richard Posner
and Frank Easterbrook.
Wood is considered a likely candidate for the U.S. Supreme Court in an Obama Administration. Speculation that she might be appointed intensified after Justice David Souter
's retirement announcement, and Wood was the first candidate interviewed for the post by President Barack Obama
, who met with her at the White House while she was visiting from Chicago. When Justice John Paul Stevens
announced that he would retire at the end of October Term 2010, Wood's name was again widely put forward as a likely replacement.
, a professor of neurology
at Northwestern University
's Feinberg School of Medicine
, to whom she was introduced by her fellow Seventh Circuit Judge Ilana Rovner
. She previously was married in 1978 to Dennis Hutchinson
, a professor
at the University of Chicago
School of Law. Wood married her first husband, Steve Van, while both were students in law school. Wood has three children with Hutchinson and three stepchildren. She plays oboe
and English horn in the North Shore Chamber Orchestra in Evanston, Illinois
and in the Chicago Bar Association Symphony Orchestra in Chicago, Illinois.
Wood lives in Hinsdale, Illinois
and is Protestant.
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
on the United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
, and a Senior Lecturer at the University of Chicago Law School
University of Chicago Law School
The University of Chicago Law School was founded in 1902 as the graduate school of law at the University of Chicago and is among the most prestigious and selective law schools in the world. The U.S. News & World Report currently ranks it fifth among U.S...
.
Wood was born in Plainfield, New Jersey
Plainfield, New Jersey
Plainfield is a city in Union County, New Jersey, United States. As of the 2010 United States Census, the city's population increased to a record high of 49,808....
. When she was young, she moved with her family to Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, where her mother still lives. Wood graduated with a B.A. from the University of Texas at Austin
University of Texas at Austin
The University of Texas at Austin is a state research university located in Austin, Texas, USA, and is the flagship institution of the The University of Texas System. Founded in 1883, its campus is located approximately from the Texas State Capitol in Austin...
's Plan II Honors program in 1971. She earned her J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from the University of Texas School of Law
University of Texas School of Law
The University of Texas School of Law, also known as UT Law, is an ABA-certified American law school located on the University of Texas at Austin campus. The law school has been in operation since the founding of the University in 1883. It was one of only two schools at the University when it was...
in 1975, where she was an editor of the Texas Law Review
Texas Law Review
The Texas Law Review is a student-edited and produced law review published by the University of Texas School of Law . It publishes 7 issues per academic year, ranks number 11 on Washington & Lee University's list, and ranks number 4 in Mikhail Koulikov's rankings of law reviews by social impact...
, graduated with high honors and Order of the Coif
Order of the Coif
The Order of the Coif is an honor society for United States law school graduates. A student at an American law school who earns a Juris Doctor degree and graduates in the top 10 percent of his or her class is eligible for membership if the student's law school has a chapter of the...
, and was among the first women at the University of Texas admitted as a member of the Friar Society
Friar Society
The Friar Society is the oldest honor society at the University of Texas at Austin.-Origins:The Friar Society was founded in 1911 by Curtice Rosser and Marion Levy. Eight members were initially selected in the charter group...
. Wood then clerked for Judge Irving Goldberg of the Fifth Circuit Court of Appeals from 1975 to 1976 and for Associate Justice
Associate Justice
Associate Justice or Associate Judge is the title for a member of a judicial panel who is not the Chief Justice in some jurisdictions. The title "Associate Justice" is used for members of the United States Supreme Court and some state supreme courts, and for some other courts in Commonwealth...
Harry Blackmun
Harry Blackmun
Harold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
of the U.S. Supreme Court from 1976 to 1977. She was among the first women to clerk at the Supreme Court.
After working in private practice and the Executive Branch, Wood became the third woman ever hired as a law professor at the University of Chicago Law School
University of Chicago Law School
The University of Chicago Law School was founded in 1902 as the graduate school of law at the University of Chicago and is among the most prestigious and selective law schools in the world. The U.S. News & World Report currently ranks it fifth among U.S...
. Wood was nominated to the Seventh Circuit by President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
on March 31, 1995. She is considered a liberal intellectual counterweight to the Seventh Circuit's conservative heavyweights, Richard Posner
Richard Posner
Richard Allen Posner is an American jurist, legal theorist, and economist who is currently a judge on the United States Court of Appeals for the Seventh Circuit in Chicago and a Senior Lecturer at the University of Chicago Law School...
and Frank Easterbrook.
Recently, many commentators have called Wood a leading candidate for nomination to the U.S. Supreme Court by President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
. She was a candidate to replace Justice David Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
when he left the bench in 2009, though that seat went to Sonia Sotomayor
Sonia Sotomayor
Sonia Maria Sotomayor is an Associate Justice of the Supreme Court of the United States, serving since August 2009. Sotomayor is the Court's 111th justice, its first Hispanic justice, and its third female justice....
. In 2010, she was on the short list of potential nominees to take retiring Justice John Paul Stevens'
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
seat, but that nomination instead went to U.S. Solicitor General
United States Solicitor General
The United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June...
Elena Kagan
Elena Kagan
Elena Kagan is an Associate Justice of the Supreme Court of the United States, serving since August 7, 2010. Kagan is the Court's 112th justice and fourth female justice....
.
Early life
Diane Pamela Wood was born on July 4, 1950, in Plainfield, New JerseyPlainfield, New Jersey
Plainfield is a city in Union County, New Jersey, United States. As of the 2010 United States Census, the city's population increased to a record high of 49,808....
to Lucille Padmore Wood and Kenneth Reed Wood. Wood lived in nearby Westfield, New Jersey
Westfield, New Jersey
Westfield is a town in Union County, New Jersey, United States. As of the 2010 United States Census, the town population was 30,316. The old village area, now the downtown district, was settled in 1720 as part of the Elizabethtown Tract....
, where her father was an accountant at Exxon
Exxon
Exxon is a chain of gas stations as well as a brand of motor fuel and related products by ExxonMobil. From 1972 to 1999, Exxon was the corporate name of the company previously known as Standard Oil Company of New Jersey or Jersey Standard....
, and her mother worked for the Washington Rock Girl Scout
Girl Scouts of the USA
The Girl Scouts of the United States of America is a youth organization for girls in the United States and American girls living abroad. It describes itself as "the world's preeminent organization dedicated solely to girls". It was founded by Juliette Gordon Low in 1912 and was organized after Low...
Council. She is the middle of three children; she has an older sister Judy and a younger brother Bob. When Wood was sixteen, Exxon transferred her father’s job to Houston, Texas
Houston, Texas
Houston is the fourth-largest city in the United States, and the largest city in the state of Texas. According to the 2010 U.S. Census, the city had a population of 2.1 million people within an area of . Houston is the seat of Harris County and the economic center of , which is the ...
, and the family moved there. In 1968, Wood graduated as valedictorian from Westchester High School
Westchester Academy for International Studies
The Westchester Academy for International Studies is a public charter school in the Spring Branch Independent School District in Houston, Texas. It serves grades 6-12 and is a part of the International Baccalaureate program. The principal of WAIS is Dr...
in Houston.
College and law school
Wood went on to the University of Texas at AustinUniversity of Texas at Austin
The University of Texas at Austin is a state research university located in Austin, Texas, USA, and is the flagship institution of the The University of Texas System. Founded in 1883, its campus is located approximately from the Texas State Capitol in Austin...
, in the Plan II Honors program. In May 1971, after three years of study, Wood earned a B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
with highest honors and special honors in English
English studies
English studies is an academic discipline that includes the study of literatures written in the English language , English linguistics English studies is an academic discipline that includes the study of literatures written in the English language (including literatures from the U.K., U.S.,...
. At the time, she intended to go on to graduate studies in comparative literature
Comparative literature
Comparative literature is an academic field dealing with the literature of two or more different linguistic, cultural or national groups...
. However, she decided to go to law school instead, and enrolled in the University of Texas School of Law
University of Texas School of Law
The University of Texas School of Law, also known as UT Law, is an ABA-certified American law school located on the University of Texas at Austin campus. The law school has been in operation since the founding of the University in 1883. It was one of only two schools at the University when it was...
in 1972. During law school, Wood was an editor of the Texas Law Review
Texas Law Review
The Texas Law Review is a student-edited and produced law review published by the University of Texas School of Law . It publishes 7 issues per academic year, ranks number 11 on Washington & Lee University's list, and ranks number 4 in Mikhail Koulikov's rankings of law reviews by social impact...
and a member of the Women's Legal Caucus. Wood earned her J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from the University of Texas School of Law in 1975, graduating at the top of her class with high honors and Order of the Coif
Order of the Coif
The Order of the Coif is an honor society for United States law school graduates. A student at an American law school who earns a Juris Doctor degree and graduates in the top 10 percent of his or her class is eligible for membership if the student's law school has a chapter of the...
.
Professional career
Wood clerked for Judge Irving Goldberg of the Fifth Circuit Court of Appeals from 1975 to 1976 and for Associate JusticeAssociate Justice
Associate Justice or Associate Judge is the title for a member of a judicial panel who is not the Chief Justice in some jurisdictions. The title "Associate Justice" is used for members of the United States Supreme Court and some state supreme courts, and for some other courts in Commonwealth...
Harry Blackmun
Harry Blackmun
Harold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
of the U.S. Supreme Court from 1976 to 1977. Wood was one of the first women to serve as a law clerk for a Supreme Court Justice. After clerking at the Supreme Court, Wood was an attorney-advisor for the Office of the Legal Adviser of the U.S. Department of State from 1977 to 1978. From 1978 to 1980, she practiced at the law firm Covington & Burling
Covington & Burling
Covington & Burling LLP is an international law firm with offices in Beijing, Brussels, London, New York, San Francisco, Silicon Valley, San Diego, and Washington, DC. The firm advises multinational corporations on significant transactional, litigation, regulatory, and public policy matters...
in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
Wood began her teaching career as an assistant professor of law at Georgetown University
Georgetown University
Georgetown University is a private, Jesuit, research university whose main campus is in the Georgetown neighborhood of Washington, D.C. Founded in 1789, it is the oldest Catholic university in the United States...
from 1980 to 1981. In 1981, Wood settled in Chicago and joined the faculty of the University of Chicago Law School
University of Chicago Law School
The University of Chicago Law School was founded in 1902 as the graduate school of law at the University of Chicago and is among the most prestigious and selective law schools in the world. The U.S. News & World Report currently ranks it fifth among U.S...
. She was the third woman ever hired as a law professor at the University of Chicago and the only woman on the faculty when she began in 1981. Wood served as Professor of Law from 1989 to 1992, Associate Dean from 1990 to 1995, and (as the first woman to be honored with a named chair) the Harold J. and Marion F. Green Professor of International Legal Studies from 1992 to 1995. Since her appointment to the Seventh Circuit, Wood has continued to teach at the University of Chicago Law School as a Senior Lecturer in Law, along with fellow Seventh Circuit judges Frank Easterbrook and Richard Posner
Richard Posner
Richard Allen Posner is an American jurist, legal theorist, and economist who is currently a judge on the United States Court of Appeals for the Seventh Circuit in Chicago and a Senior Lecturer at the University of Chicago Law School...
.
Wood was a special assistant to the Assistant Attorney General
United States Assistant Attorney General
Many of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General.The President of the United States appoints individuals to the position of Assistant Attorney General with the advice and consent of the Senate...
at the U.S. Department of Justice from 1985 to 1987. From 1993 to 1995, she served as Deputy Assistant Attorney General for international, appellate, and policy in the Antitrust Division
United States Department of Justice Antitrust Division
The United States Department of Justice Antitrust Division is responsible for enforcing the antitrust laws of the United States. It shares jurisdiction over civil antitrust cases with the Federal Trade Commission and often works jointly with the FTC to provide regulatory guidance to businesses...
of the Department of Justice.
Wood holds memberships in the American Law Institute and the American Society of International Law. She is also a Fellow of the American Academy of Arts and Sciences and serves on its Midwest Council. In the past, she was also a member of the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
. She has served on the governing councils of the ABA’s Section of Antitrust Law and its Section of International Law and Practice. Wood has pursued various law reform projects through the American Bar Association and the Brookings Institution Project on Civil Justice Reform. She was also instrumental in developing the University of Chicago’s first policy on sexual harassment
Sexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
. While still a full-time law school professor (prior to joining the Department of Justice and the Court of Appeals), she was a member of Planned Parenthood and the National Organization for Women.
Federal judicial service
Wood was nominated to the United States Court of Appeals for the Seventh CircuitUnited States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit is a federal court with appellate jurisdiction over the courts in the following districts:* Central District of Illinois* Northern District of Illinois...
by President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
on March 31, 1995, to a seat vacated when William Joseph Bauer
William Joseph Bauer
William J. Bauer is a Judge on the United States Court of Appeals for the Seventh Circuit in Chicago.Judge Bauer was born in Chicago, Illinois before moving with his family to Elmhurst. After serving in the U.S. Army , he received a Bachelor of Arts degree from Elmhurst College , and a J.D...
took senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
. She was confirmed unanimously by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
and received her commission on June 30, 1995. Wood became the second woman ever to sit on the Seventh Circuit. On the bench, Wood is known for building consensus on the court and rallying other judges around her positions. Neil A. Lewis has called Wood an “unflinching and spirited intellectual counterweight" to the Seventh Circuit's well-known conservative heavyweights, Richard Posner
Richard Posner
Richard Allen Posner is an American jurist, legal theorist, and economist who is currently a judge on the United States Court of Appeals for the Seventh Circuit in Chicago and a Senior Lecturer at the University of Chicago Law School...
and Frank Easterbrook.
Wood is considered a likely candidate for the U.S. Supreme Court in an Obama Administration. Speculation that she might be appointed intensified after Justice David Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
's retirement announcement, and Wood was the first candidate interviewed for the post by President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
, who met with her at the White House while she was visiting from Chicago. When Justice John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
announced that he would retire at the end of October Term 2010, Wood's name was again widely put forward as a likely replacement.
Noteworthy rulings
- Bayo v. Napolitano, No. 07-1069 (7th Cir. Jan. 20, 2010) (en banc): Wood wrote for a unanimous en banc court, holding that an alien’s waiver of constitutional due process rights must be done knowingly and voluntarily and that the government may rely upon any valid ground to remove an alien illegally in the United States.
- Bloch v. Frischholz, 533 F.3d 562 (7th Cir. 2008) (Wood, J., dissenting): An observant Jewish family affixed their mezuzahMezuzahA mezuzah is usually a metal or wooden rectangular object that is fastened to a doorpost of a Jewish house. Inside it is a piece of parchment inscribed with specified Hebrew verses from the Torah...
to the doorpost of their condo. The condo association repeatedly removed the mezuzah, and the family sued, alleging violations of the Fair Housing Act. Wood argued there was sufficient evidence of intentional discrimination, but the majority of the panel disagreed. After the panel decision issued, the Seventh Circuit reheard the case en banc and unanimously reversed the panel majority. Wood’s dissenting opinion, highly protective of the right to free exercise, became the unanimous opinion of the Seventh Circuit. Bloch v. Frischholz, 587 F.3d 771 (7th Cir. 2009). Two judges who initially opposed Wood’s position joined the unanimous court.
- United States v. Warner & Ryan, 498 F.3d 666 (7th Cir. 2007): Former Illinois Governor George RyanGeorge RyanGeorge Homer Ryan, Sr. was the 39th Governor of the U.S. state of Illinois from 1999 until 2003. He is a member of the Republican Party. Ryan became nationally known when in 2000 he imposed a moratorium on executions and "raised the national debate on capital punishment"...
and Lawrence Warner appealed after they were convicted under the federal mail fraud statute and the Racketeer Influenced and Corrupt Organizations ActRacketeer Influenced and Corrupt Organizations ActThe Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...
. Wood, over a dissent, affirmed. She found that the lower court acted within its discretion to handle difficult evidentiary and jury issues. Wood also concluded that the federal mail fraud statute – making it a crime for elected officials to deprive citizens of their intangible right to honest services – was not unconstitutionally vague.
- Christian Legal Society v. Walker, http://scholar.google.com/scholar_case?case=6601456173694501289 453 F.3d 853 (7th Cir. 2006) (dissenting opinion): Christian Legal Society appealed after an Illinois district court denied their motion to enjoin Southern Illinois Law School to recognize a Christian student organization who required members to sign a statement of faith. The majority reversed, and Wood dissented, writing that the facts were insufficient to grant a preliminary injunction. Wood did not reach the merits of the case, her decision was purely procedural in nature. She wrote:
If, in the end, the facts show that [the university's] nondiscrimination policy does not apply to student organizations, or that SIU is discriminating against CLS based upon its evangelical Christian viewpoint, the district court should certainly enjoin SIU from enforcing its policy.
She cited Lawrence v. TexasLawrence v. TexasLawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...
to support the proposition that a state may ban discrimination based on either status or conduct. In April 2010, the Supreme Court heard arguments in Christian Legal Society v. Martinez, 08-1371 (Apr. 19, 2010). A Supreme Court blogger opined that Justice Kennedy was concerned, that the record might not have developed enough to move forward. Judge Wood stated in her dissenting opinion in Christian Legal Society v. Walker that the record was insufficient to grant injunctive relief. A news reporter has speculated that her dissenting opinion could be a point of discussion in a Supreme Court confirmation proceeding.http://liveshots.blogs.foxnews.com/2010/04/16/christian-case-could-impact-obama-pick/
- National Organization for Women v. Scheidler, 267 F.3d 687 (7th Cir. 2001) and 396 F.3d 807 (7th Cir. 2005); see also National Organization of Women v. Scheidler, 510 U.S. 249 (1994) (Supreme Court permits case to proceed under RICO); 537 U.S. 393 (2003) (Supreme Court reverses 267 F.3d 687, construing extortion predicate to RICO violations); 547 U.S. 9 (2006) (Supreme Court holds that physical violence not covered under Hobbs Act): Wood found that the district court did not err in concluding that the Racketeer Influenced and Corrupt Organizations ActRacketeer Influenced and Corrupt Organizations ActThe Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...
authorized private plaintiffs to seek an injunction. Wood recognized that:Protection of politically controversial speech is at the core of the First Amendment, and no one disputes that the defendants' speech labeling abortion as murder, urging the clinics to get out of the abortion business, and urging clinics patients not to seek abortions is fully protected by the First Amendment.
However, Wood held that the injunction issued by the district court, which prohibited violent conduct by protesters, struck a proper balance and avoided any risk of curtailing activities protected by the First Amendment.
- Goldwasser v. Ameritech Corp., 222 F.3d 390 (7th Cir. 2000): Because the plaintiffs had alleged only that AmeritechAmeritechAT&T Teleholdings, Inc., formerly known as Ameritech Corporation , was a U.S. telecommunications company that arose out of the 1984 AT&T divestiture. Ameritech was one of the seven Regional Bell Operating Companies that was created following the breakup of the Bell System...
violated the Telecommunications Act of 1996Telecommunications Act of 1996The Telecommunications Act of 1996 was the first major overhaul of United States telecommunications law in nearly 62 years, amending the Communications Act of 1934. This Act, signed by President Bill Clinton, was a major stepping stone towards the future of telecommunications, since this was the...
, Wood decided that they had not shown that the antitrust laws have been violated. The opinion defers to Congress’s deregulation of the telecommunications market. Four years later, the position that Wood took in Goldwasser was approved by the Supreme Court in Verizon Communications Inc. v. Law Offices of Curtis V. Trinko LLP, 540 U.S. 398 (2004).
- Toys "R" Us, Inc. v. Federal Trade Commission, 221 F.3d 928 (7th Cir. 2000): Wood affirmed the FTC'sFederal Trade CommissionThe Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...
finding of a violation, but did so only on the ground that Toys "R" Us had arranged unlawful horizontal restraints that were against the interests of manufacturers, discount warehouses, and consumers. Wood declined to adopt the more controversial conclusion that the vertical agreements between manufacturers and retailers have an adverse effect on competition.
- Tyus v. Urban Search Management, 102 F.3d 256 (7th Cir. 1996): Two African-Americans brought suit under the Fair Housing Act against those involved in running a luxury apartment complex. The marketing campaign for the complex used only images of white models and failed to provide notice that the complex was an equal housing opportunity provider. Wood reversed the lower court's judgment in favor of the owners of the complex noting serious mistakes made by the district court, including the judge's improper questioning of a prospective African-American juror about whether he had ever lived in public housing.
- United States v. Thompson, 484 F.3d 877 (7th Cir. 2007) (joining opinion of Easterbrook, J.): Georgia ThompsonGeorgia ThompsonGeorgia L. Thompson is a current Wisconsin civil servant who was convicted of federal corruption charges in 2006, but released by an appeals court in 2007 when her conviction was overturned....
was convicted of corruption charges in a 2006 case, but was released by a unanimous panel of the Seventh Circuit on the same day that oral argument was heard. The panel, including Wood, felt this unprecedented move was necessary given that the government's evidence was extraordinarily thin.
- "JCW Invs. v. Novelty, Inc.", 482 F.3d 910, 917 (7th Cir. 2007): Judge Woods begins this important copyright case with these immortal words: "Meet Pull My Finger® Fred. He is a white, middle-aged, overweight man with black hair and a receding hairline, sitting in an armchair wearing a white tank top and blue pants. Fred is a plush doll and when one squeezes Fred's extended finger on his right hand, he farts. He also makes somewhat crude, somewhat funny statements about the bodily noises he emits, such as 'Did somebody step on a duck?' or 'Silent but deadly.'"
Writings
Wood has been called a "rock star of the written word." She has written extensively in many areas of the law, and a full bibliography can be found at the University of Chicago Law School website. Some representative works include:- The Changing Face of Diversity Jurisdiction, 82 Temp. L. Rev. 593 (2009) (initially given as the Arlin M. and Neysa Adams Lecture, October 2009).
- Trade Regulation: Cases and Materials, Casebook (with Robert Pitofsky & Harvey J. Goldschmid) (4th ed. 1997 to 6th ed. 2010).
- The Bedrock of Individual Rights in Times of Natural Disaster, 51 Howard L.J. 747 (2008).
- ‘Original Intent’ Versus ‘Evolution’, The Scrivener 7 (Summer 2005) (also published in Green Bag Almanac & Reader 267 (2007)).
- Our 18th Century Constitution in the 21st Century World, 80 N.Y.U. L. Rev. 1079 (2005).
- Reflections on the Judicial Oath, 8 Green Bag 2d 177 (2005).
- The Rule of Law in Times of Stress, 70 U. Chi. L. Rev. 455 (2003).
- International Harmonization of Antitrust Law: The Tortoise or the Hare?, 3 Chi. J. Int’l L. 391 (2002).
- Sex Discrimination in Life and Law, 1999 U. Chi. Legal F. 1.
- Generalist Judges in a Specialized World, 50 SMU L. Rev. 1755 (1997).
- The Impossible Dream: Real International Antitrust, 1992 U. Chi. Legal F. 277.
- ‘Unfair’ Trade Injury: A Competition-Based Approach, 41 Stan. L. Rev. 1153 (1989).
- Class Actions: Joinder or Representational Device?, 1983 S. Ct. Rev. 459.
Personal
Wood is married to Robert L. SufitRobert L. Sufit
Robert L. Sufit is a professor of neurology at Northwestern University's Feinberg School of Medicine in Chicago and the husband of Judge Diane Wood of the United States Court of Appeals for the Seventh Circuit. Dr. Sufit received his B.A. and M.A. in chemistry from Johns Hopkins University...
, a professor of neurology
Neurology
Neurology is a medical specialty dealing with disorders of the nervous system. Specifically, it deals with the diagnosis and treatment of all categories of disease involving the central, peripheral, and autonomic nervous systems, including their coverings, blood vessels, and all effector tissue,...
at Northwestern University
Northwestern University
Northwestern University is a private research university in Evanston and Chicago, Illinois, USA. Northwestern has eleven undergraduate, graduate, and professional schools offering 124 undergraduate degrees and 145 graduate and professional degrees....
's Feinberg School of Medicine
Feinberg School of Medicine
Northwestern University Feinberg School of Medicine, located in the Streeterville neighborhood of Chicago, Illinois and situated near Lake Michigan and the Magnificent Mile, is one of Northwestern University's 11 schools and colleges...
, to whom she was introduced by her fellow Seventh Circuit Judge Ilana Rovner
Ilana Rovner
Ilana Kara Diamond Rovner is a judge on the United States Court of Appeals for the Seventh Circuit. She was nominated by President George H.W. Bush on July 2, 1992, and was confirmed by the U.S. Senate on August 12, 1992. Rovner was sworn in on August 17, 1992...
. She previously was married in 1978 to Dennis Hutchinson
Dennis J. Hutchinson
Dennis J. Hutchinson is a Senior Lecturer in Law at the University of Chicago, and Master of the undergraduate College's New Collegiate Division where he directs the Law, Letters, and Society program. His interests primarily lie in the field constitutional law, paying special attention to issues...
, a professor
Professor
A professor is a scholarly teacher; the precise meaning of the term varies by country. Literally, professor derives from Latin as a "person who professes" being usually an expert in arts or sciences; a teacher of high rank...
at the University of Chicago
University of Chicago
The University of Chicago is a private research university in Chicago, Illinois, USA. It was founded by the American Baptist Education Society with a donation from oil magnate and philanthropist John D. Rockefeller and incorporated in 1890...
School of Law. Wood married her first husband, Steve Van, while both were students in law school. Wood has three children with Hutchinson and three stepchildren. She plays oboe
Oboe
The oboe is a double reed musical instrument of the woodwind family. In English, prior to 1770, the instrument was called "hautbois" , "hoboy", or "French hoboy". The spelling "oboe" was adopted into English ca...
and English horn in the North Shore Chamber Orchestra in Evanston, Illinois
Evanston, Illinois
Evanston is a suburban municipality in Cook County, Illinois 12 miles north of downtown Chicago, bordering Chicago to the south, Skokie to the west, and Wilmette to the north, with an estimated population of 74,360 as of 2003. It is one of the North Shore communities that adjoin Lake Michigan...
and in the Chicago Bar Association Symphony Orchestra in Chicago, Illinois.
Wood lives in Hinsdale, Illinois
Hinsdale, Illinois
Hinsdale is a suburb of Chicago, Illinois; it is located partly in Cook County and mainly in DuPage County in the U.S. state of Illinois. The population was 17,349 at the 2000 census. The town's ZIP code is 60521. The town has a rolling, wooded topography, with a quaint downtown and is a 30-minute...
and is Protestant.
See also
- List of law clerks of the Supreme Court of the United States
- Barack Obama Supreme Court candidatesBarack Obama Supreme Court candidatesPresident Barack Obama has made two successful appointments to the Supreme Court of the United States. The first was that of Judge Sonia Sotomayor to fill the vacancy created by the retirement of Associate Justice David H. Souter. Sotomayor was confirmed by the United States Senate on August 6,...
External links
- Photos of Judge Wood at the University of Chicago
- The Long, Clear, Inspiring Record of Diane Wood, by Glenn Greenwald, 4-19-2010