Paul M. Bator
Encyclopedia
Paul Michael Bator was an American legal academic, Supreme Court
advocate and expert on United States federal courts
. In addition to teaching for almost 30 years at Harvard Law School
and the University of Chicago Law School
, Professor Bator served as Deputy Solicitor General of the United States
during the Reagan Administration
.
, Hungary
, and moved with his parents to the United States in 1939. He attended Groton School
and received his A.B.
summa cum laude from Princeton University
in 1951 where he was valedictorian. He earned a master's degree in history from Harvard University
in 1953 and graduated summa cum laude from Harvard Law School
, where he served as editor of the Harvard Law Review
. From 1956-57 he served as law clerk to Justice John M. Harlan II of the United States Supreme Court.
Professor of Law in 1962 and from 1971-75 served as Associate Dean of the law school. While at Harvard, he published many articles, including his famous piece, "Finality in Criminal Law and Federal Habeas Corpus for State Prisoners," 76 Harv. L. Rev. 441 (1963), which described "how with reason we can arrive at just the reasonable balance between fairness and the need to attain finality in the criminal process." He also co-authored the second (1973) and third (1988) editions of Hart & Wechsler’s “The Federal Courts and the Federal System,” a leading text on federal jurisdiction.
applies to partnership selection at law firms; Grove City College v. Bell
, which applied provisions of Title IX of the Civil Rights Act narrowly; Clark v. Community for Creative Nonviolence, which denied that protesters' First Amendment
rights were violated by a law prohibiting overnight sleeping in Washington, D.C.
memorial parks; and Reagan v. Wald, which upheld the validity of currency restrictions imposed on travelers to Cuba
.
In 1984, President Ronald Reagan
nominated Professor Bator to the United States Court of Appeals for the D.C. Circuit, but he withdrew his name due to illness.
Professor Bator returned to Harvard after his term as Deputy Solicitor General but in January 1986 he left to join the University of Chicago Law School
as the John P. Wilson
Professor of law. He simultaneously served as associate counsel with the firm Mayer, Brown & Platt, where he practiced appellate law. In his last Supreme Court appearance on October 4, 1988, he successfully represented the United States Sentencing Commission
in a case challenging the latter’s constitutional validity.
In 1987, Professor Bator testified in support of Judge Robert Bork
, whose nomination to the United States Supreme Court was rejected by the Senate. The same year, he was elected a Fellow of the American Academy of Arts and Sciences
.
, Professor Charles Fried
and then-judge Stephen Breyer
. Fried characterized Professor Bator's teaching as "Mozartian," displaying "a brilliance, a clarity of intelligence, deployed with lightning speed and a distinctive style that was at once inventive and entirely apt" and described his briefs and arguments before the Supreme Court as "sonatas of reason."
established the Paul M. Bator Award for young law professors. Each year, the prize is awarded to an academic who has demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and made a significant public impact.
The award panel members are: Professor Charles Fried
, Beneficial Professor of Law, Harvard Law School
; Professor Michael W. McConnell
, Director of the Stanford Constitutional Law Center; Eugene B. Meyer, President of the Federalist Society
; Thomas E. Bator, son of Paul Bator; and a current student representative of the Chicago Chapter of the Federalist Society
.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
advocate and expert on United States federal courts
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
. In addition to teaching for almost 30 years at Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
and 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...
, Professor Bator served as Deputy Solicitor General of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
during the Reagan Administration
Reagan Administration
The United States presidency of Ronald Reagan, also known as the Reagan administration, was a Republican administration headed by Ronald Reagan from January 20, 1981, to January 20, 1989....
.
Early life and education
Paul M. Bator was born in 1929 in BudapestBudapest
Budapest is the capital of Hungary. As the largest city of Hungary, it is the country's principal political, cultural, commercial, industrial, and transportation centre. In 2011, Budapest had 1,733,685 inhabitants, down from its 1989 peak of 2,113,645 due to suburbanization. The Budapest Commuter...
, Hungary
Hungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
, and moved with his parents to the United States in 1939. He attended Groton School
Groton School
Groton School is a private, Episcopal, college preparatory boarding school located in Groton, Massachusetts, U.S. It enrolls approximately 375 boys and girls, from the eighth through twelfth grades...
and received his A.B.
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...
summa cum laude from Princeton University
Princeton University
Princeton University is a private research university located in Princeton, New Jersey, United States. The school is one of the eight universities of the Ivy League, and is one of the nine Colonial Colleges founded before the American Revolution....
in 1951 where he was valedictorian. He earned a master's degree in history from Harvard University
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
in 1953 and graduated summa cum laude from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
, where he served as editor of the Harvard Law Review
Harvard Law Review
The Harvard Law Review is a journal of legal scholarship published by an independent student group at Harvard Law School.-Overview:According to the 2008 Journal Citation Reports, the Review is the most cited law review and has the second-highest impact factor in the category "law" after the...
. From 1956-57 he served as law clerk to Justice John M. Harlan II of the United States Supreme Court.
Bruce Bromley Professor of Law, Harvard Law School
Following a brief period of private practice at Manhattan firm Debevoise, Plimpton & McLean, Professor Bator began teaching at Harvard Law School in 1959. He became a full, Bruce BromleyBruce Bromley
Bruce Ditmas Bromley was an American lawyer and politician.-Life:...
Professor of Law in 1962 and from 1971-75 served as Associate Dean of the law school. While at Harvard, he published many articles, including his famous piece, "Finality in Criminal Law and Federal Habeas Corpus for State Prisoners," 76 Harv. L. Rev. 441 (1963), which described "how with reason we can arrive at just the reasonable balance between fairness and the need to attain finality in the criminal process." He also co-authored the second (1973) and third (1988) editions of Hart & Wechsler’s “The Federal Courts and the Federal System,” a leading text on federal jurisdiction.
Deputy Solicitor General
In 1982 Professor Bator took a leave of absence from Harvard to become Deputy Solicitor General of the United States. He argued and won eight cases on behalf of the government at the Supreme Court, including Hishon v. King & Spalding, which held that Title VII of the Civil Rights ActCivil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...
applies to partnership selection at law firms; Grove City College v. Bell
Grove City College v. Bell
Grove City College v. Bell, 465 U.S. 555 , was a case in which the United States Supreme Court held that Title IX, which only applies to colleges and universities that receive federal funds, could be applied to a private school that refused direct federal funding, but where a large number of...
, which applied provisions of Title IX of the Civil Rights Act narrowly; Clark v. Community for Creative Nonviolence, which denied that protesters' First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
rights were violated by a law prohibiting overnight sleeping 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....
memorial parks; and Reagan v. Wald, which upheld the validity of currency restrictions imposed on travelers to Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
.
In 1984, President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
nominated Professor Bator to the United States Court of Appeals for the D.C. Circuit, but he withdrew his name due to illness.
John P. Wilson Professor of Law, University of Chicago
Professor Bator returned to Harvard after his term as Deputy Solicitor General but in January 1986 he left to join 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...
as the John P. Wilson
John P. Wilson
John Patrick Wilson was an Irish Fianna Fáil politician. He was first elected as a Teachta Dála for Cavan in 1973 and served in Dáil Éireann until 1992...
Professor of law. He simultaneously served as associate counsel with the firm Mayer, Brown & Platt, where he practiced appellate law. In his last Supreme Court appearance on October 4, 1988, he successfully represented the United States Sentencing Commission
United States Sentencing Commission
The United States Sentencing Commission is an independent agency of the judicial branch of the federal government of the United States. It is responsible for articulating the sentencing guidelines for the United States federal courts...
in a case challenging the latter’s constitutional validity.
In 1987, Professor Bator testified in support of Judge Robert Bork
Robert Bork
Robert Heron Bork is an American legal scholar who has advocated the judicial philosophy of originalism. Bork formerly served as Solicitor General, Acting Attorney General, and judge for the United States Court of Appeals for the District of Columbia Circuit...
, whose nomination to the United States Supreme Court was rejected by the Senate. The same year, he was elected a Fellow of the American Academy of Arts and Sciences
American Academy of Arts and Sciences
The American Academy of Arts and Sciences is an independent policy research center that conducts multidisciplinary studies of complex and emerging problems. The Academy’s elected members are leaders in the academic disciplines, the arts, business, and public affairs.James Bowdoin, John Adams, and...
.
Harvard Law Review Tribute
In June 1989, Harvard Law Review published tributes to Professor Bator by Professor David L. ShapiroDavid L. Shapiro
David L. Shapiro David L. Shapiro David L. Shapiro (b June 13, 1943 is an American psychologist and independent practitioner in forensic psychology. He is a fellow of the American Psychological Association, Divisions 41 and 42 and licensed to practice psychology in four states (Maryland, New York,...
, Professor Charles Fried
Charles Fried
Charles Fried is a prominent American jurist and lawyer. He served as United States Solicitor General from 1985 to 1989. He is currently a professor at Harvard Law School.-Early life and education:...
and then-judge Stephen Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
. Fried characterized Professor Bator's teaching as "Mozartian," displaying "a brilliance, a clarity of intelligence, deployed with lightning speed and a distinctive style that was at once inventive and entirely apt" and described his briefs and arguments before the Supreme Court as "sonatas of reason."
Paul M. Bator Award
Following Professor Bator's death, the Federalist SocietyFederalist Society
The Federalist Society for Law and Public Policy Studies, most frequently called simply the Federalist Society, is an organization of conservatives seeking reform of the current American legal system in accordance with a textualist and/or originalist interpretation of the U.S. Constitution...
established the Paul M. Bator Award for young law professors. Each year, the prize is awarded to an academic who has demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and made a significant public impact.
Past Bator Award recipients
| Year | Professor |
|---|---|
| 1990 | Stephen L. Carter Stephen L. Carter Stephen L. Carter is an American law professor, legal- and social-policy writer, columnist, and best-selling novelist.-Education:... |
| 1991 | Randy Barnett Randy Barnett Randy E. Barnett is a lawyer, a law professor at Georgetown University Law Center, where he teaches constitutional law and contracts, and a legal theorist in the United States... |
| 1992 | Geoffrey Miller Geoffrey Miller Geoffrey Miller may refer to:* Geoff Miller, , English cricketer* Geoffrey D. Miller , general* Geoffrey Miller , evolutionary psychologist-See also:* Jeff Miller... |
| 1993 | Akhil Amar |
| 1994 | Robert P. George Robert P. George Robert P. George is McCormick Professor of Jurisprudence at Princeton University, where he lectures on constitutional interpretation, civil liberties and philosophy of law. He also serves as the director of the James Madison Program in American Ideals and Institutions... |
| 1995 | Jonathan Macey |
| 1996 | Michael Paulsen |
| 1997 | John McGinnis John McGinnis John Oldham McGinnis is a professor at Northwestern University School of Law and author of over 90 academic and popular articles and essays. His popular writings have been published in The Wall Street Journal, National Review, and Policy Review.... |
| 1998 | Paul Cassell |
| 1999 | Eugene Volokh Eugene Volokh Eugene Volokh is an American legal commentator and the Gary T. Schwartz Professor of Law at the UCLA School of Law... |
| 2000 | John F. Manning John F. Manning John F. Manning is a prominent American legal academic and the Bruce Bromley Professor of Law at Harvard Law School. He graduated from Harvard Law School in 1985, and served that year as a law clerk to Judge Robert H. Bork at the United States Court of Appeals for the District of Columbia Circuit... |
| 2001 | John Yoo John Yoo John Choon Yoo is an American attorney, law professor, and author. As a former official in the United States Department of Justice during the George W... |
| 2002 | Roderick Hills, Jr. |
| 2003 | Adrian Vermeule Adrian Vermeule Adrian Vermeule, who is a graduate of Harvard College and Harvard Law School, has been Professor of Law at Harvard Law School since 2006 and was named John H. Watson Professor of Law in 2008. He was a Visiting Professor of Law in 2005... |
| 2004 | Jonathan H. Adler Jonathan H. Adler Jonathan H. Adler , is an American legal commentator and law professor at the Case Western Reserve University School of Law... |
| 2005 | Ernest A. Young |
| 2006 | Caleb Nelson |
| 2007 | Orin Kerr Orin Kerr Orin S. Kerr is a professor of law at the George Washington University Law School, legal representation for the MySpace "cyber bullying" pioneer Lori Drew and a leading scholar in the subjects of computer crime law and internet surveillance. In the fall of 2006, he visited as an associate professor... |
| 2008 | Saikrishna Prakash |
| 2009 | Nicole Stelle Garnett Nicole Stelle Garnett Nicole Stelle Garnett is a professor of law at Notre Dame Law School, teaching in the areas of property, land use, urban development, local government law, and education. She has written numerous articles on these subjects that have appeared in a variety of journals, including the Michigan Law... |
| 2010 | M. Todd Henderson |
| 2011 | Brian T. Fitzpatrick Brian T. Fitzpatrick Brian T. Fitzpatrick is an American academic and lawyer. Fitzpatrick joined Vanderbilt University Law School in 2007 after spending time as a John M. Olin Fellow at the New York University School of Law. He has also clerked for Supreme Court Justice Antonin Scalia and 9th Circuit Judge Diarmuid... |
The award panel members are: Professor Charles Fried
Charles Fried
Charles Fried is a prominent American jurist and lawyer. He served as United States Solicitor General from 1985 to 1989. He is currently a professor at Harvard Law School.-Early life and education:...
, Beneficial Professor of Law, Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
; Professor Michael W. McConnell
Michael W. McConnell
Michael William McConnell is a constitutional law scholar who served as a federal judge on the United States Court of Appeals for the Tenth Circuit from 2002 until 2009. Since 2009, Judge McConnell has served as Director of the Stanford Constitutional Law Center at Stanford Law School...
, Director of the Stanford Constitutional Law Center; Eugene B. Meyer, President of the Federalist Society
Federalist Society
The Federalist Society for Law and Public Policy Studies, most frequently called simply the Federalist Society, is an organization of conservatives seeking reform of the current American legal system in accordance with a textualist and/or originalist interpretation of the U.S. Constitution...
; Thomas E. Bator, son of Paul Bator; and a current student representative of the Chicago Chapter of the Federalist Society
Federalist Society
The Federalist Society for Law and Public Policy Studies, most frequently called simply the Federalist Society, is an organization of conservatives seeking reform of the current American legal system in accordance with a textualist and/or originalist interpretation of the U.S. Constitution...
.