Roger J. Traynor
Encyclopedia
Roger John Traynor served as the 23rd Chief Justice of California from 1964 to 1970, and as an Associate Justice from 1940 to 1964. A nationally-respected jurist
, Traynor's thirty-year career as California's 77th Justice coincided with tremendous demographic, social, and governmental growth in California
and in the United States of America, and was marked by a belief (in the words of his biographer, G. Edward White) that "the increased presence of government
in American life was a necessary and beneficial phenomenon."
, Traynor wrote groundbreaking articles on taxation, and became a full professor
in 1936. He also acted as a consultant
to the California State Board of Equalization from 1932 to 1940, and to the United States Department of the Treasury
from 1937 to 1940. He took a leave of absence from the University in 1933 to work full-time for the Board of Equalization, and another leave in 1937 to help the Treasury Department draft the Revenue Act of 1938.
Prior to the Great Depression
, nearly all California governmental functions were funded only through a general property tax on both real and personal property, which proved to be unworkable when property values collapsed. Through his work for the Board of Equalization, Traynor was responsible for creating much of California's modern tax regime, including the vehicle registration fee
(1933), sales tax
(1933), income tax
(1935), use tax
(1935), corporate income tax (1937), and fuel tax
(1937). He served as the first administrator of the California sales tax and supervised its deployment across 200,000 retail
ers.
In January 1940, he started working part-time as a Deputy Attorney General
under California Attorney General Earl Warren
(who later became Chief Justice of the United States
). He also started serving as Acting Dean of Boalt Hall, UC Berkeley's law school. On July 31, 1940, Traynor was nominated to the Supreme Court of California by Governor
Culbert Olson
. He was unanimously confirmed by the Qualifications Committee on August 13 and was sworn in the same day.
in the history of the California
judiciary
, and one of the greatest judges in the history of the United States
. His obituary
in the New York Times noted that "Traynor was often called one of the greatest judicial talents never to sit on the United States Supreme Court
."
His 1948 opinion
in Perez v. Sharp
was the first instance of a state supreme court
striking down a statute
prohibiting miscegenation
. Traynor also wrote a 1952 opinion that abolished the defense of recrimination
in the context of divorce
and paved the way for the social revolution of no-fault divorce
. But his most significant and well-known contribution to contemporary American law
is probably his 1963 creation of true strict liability
in product liability
cases. An earlier generation of judges had cautiously experimented with legal fiction
s like warranties to avoid leaving severely injured plaintiff
s without any recourse. Traynor simply threw those away and imposed strict liability as a matter of public policy
.
To those skeptical of the power of government to redress social wrongs, Traynor's extraordinary work is notable for the degree to which it asserted the power of the judiciary to resolve difficult issues of public policy, and to redefine the boundaries of corporate and governmental liability. In his biography of Traynor, White wrote: "If California was a testing ground for governmental theories of modern liberalism, Traynor was an architect of a judicial role compatible with the activities of the modern liberal state."
During his long and distinguished career, Traynor authored more than 900 opinions, and he gained a reputation as the nation's leading state court judge. During his tenure, the decisions of the Supreme Court of California became the most frequently cited by all other state courts in the nation. http://www.igs.berkeley.edu/publications/detailbooks/field-introduction.pdf Several of Traynor's decisions were majority opinions that transformed California from a conservative and somewhat repressive state into a progressive, innovative jurisdiction in the forefront of American law.
Traynor was also noted for the quality of his writing and reasoning, and was honored during his lifetime with membership in the American Academy of Arts and Sciences
(a rare honor for a judge). Many of his opinions are still mandatory reading for American law students. Also, Traynor did not uniformly join all opinions that could be characterized as "liberal" or "progressive" during his time on the Court; for example, he filed a two-sentence dissent in the landmark case of Dillon v. Legg
, 68 Cal. 2d 728 (1968), which was a major step towards the modern tort of negligent infliction of emotional distress
.
in order to avoid losing eligibility for retirement benefits under a California law that stripped judges of most benefits if they chose to remain on the bench past the age of 70. He retired to Berkeley
and subsequently died there in his home from cancer
.
In July 1983, the California Law Review gave over all its space in issue 4, volume 71 to publishing eloquent tributes to Justice Traynor from several esteemed judges, law professors, and politician
s, including Warren Burger, Henry Friendly
, and Edmund G. Brown.
and conservatives
, and tort reform
ers have often grouped Traynor together with Earl Warren
as examples of judicial activist
s. For example, the conservative magazine National Review
attacked Traynor's reasoning in the Pacific Gas and Electric case (Pacific Gas & Elec. Co. v. G. W. Thomas Drayage Co., 69 Cal. 2d 33 [1968]) in a 1991 cover story.
In 1998, Regulation (the Cato Institute
's journal) published a harsh critique of the California tort law system by Stephen Hayward. He claimed that "rather than protecting life, liberty, and property, [it] has ... become a threat to these." In blunt language, Hayward identified Roger Traynor's liberalizing influence on the Court's view of liability as "the first breach":
In a 1966 essay addressed to both the legal community of his time and future generations, Traynor defended his judicial philosophy:
, then a hardscrabble mining
town, at the turn of the century by Felix and Elizabeth Traynor. His parents were impoverished Irish
immigrants from Hilltown in Ireland
.
In 1919, upon the advice of a high school teacher, he entered the University of California, Berkeley
, though he had only $500 in savings to finance his college education. Fortunately, he won a scholarship
at the end of his first year due to his excellent grades, and went on to earn a B.A.
in 1923, an M.A.
in 1924, and a Ph.D.
in 1926; all these degrees were in political science
. He also earned a J.D.
from Boalt Hall in 1927. He earned the two latter degrees at the same time, while also teaching undergraduates and serving as editor-in-chief of the California Law Review. He was subsequently admitted to the State Bar of California
that same year.
On August 23, 1933, Traynor married Madeleine Emilie Lackman, a woman who shared his love of learning: she already held a M.A.
in political science from UC Berkeley and would go on to earn a J.D. in 1956. They had three sons: Michael, Joseph, and Stephen. Michael followed his father into law; he attended Harvard Law School
, became a partner with Cooley Godward Kronish LLP, and has served as president of The American Law Institute
.
Jurist
A jurist or jurisconsult is a professional who studies, develops, applies, or otherwise deals with the law. The term is widely used in American English, but in the United Kingdom and many Commonwealth countries it has only historical and specialist usage...
, Traynor's thirty-year career as California's 77th Justice coincided with tremendous demographic, social, and governmental growth in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
and in the United States of America, and was marked by a belief (in the words of his biographer, G. Edward White) that "the increased presence of government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
in American life was a necessary and beneficial phenomenon."
Early career in academia and government
At the University of California, BerkeleyUniversity of California, Berkeley
The University of California, Berkeley , is a teaching and research university established in 1868 and located in Berkeley, California, USA...
, Traynor wrote groundbreaking articles on taxation, and became a full 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...
in 1936. He also acted as a consultant
Consultant
A consultant is a professional who provides professional or expert advice in a particular area such as management, accountancy, the environment, entertainment, technology, law , human resources, marketing, emergency management, food production, medicine, finance, life management, economics, public...
to the California State Board of Equalization from 1932 to 1940, and to the United States Department of the Treasury
United States Department of the Treasury
The Department of the Treasury is an executive department and the treasury of the United States federal government. It was established by an Act of Congress in 1789 to manage government revenue...
from 1937 to 1940. He took a leave of absence from the University in 1933 to work full-time for the Board of Equalization, and another leave in 1937 to help the Treasury Department draft the Revenue Act of 1938.
Prior to the Great Depression
Great Depression
The Great Depression was a severe worldwide economic depression in the decade preceding World War II. The timing of the Great Depression varied across nations, but in most countries it started in about 1929 and lasted until the late 1930s or early 1940s...
, nearly all California governmental functions were funded only through a general property tax on both real and personal property, which proved to be unworkable when property values collapsed. Through his work for the Board of Equalization, Traynor was responsible for creating much of California's modern tax regime, including the vehicle registration fee
Vehicle registration plate
A vehicle registration plate is a metal or plastic plate attached to a motor vehicle or trailer for official identification purposes. The registration identifier is a numeric or alphanumeric code that uniquely identifies the vehicle within the issuing region's database...
(1933), sales tax
Sales tax
A sales tax is a tax, usually paid by the consumer at the point of purchase, itemized separately from the base price, for certain goods and services. The tax amount is usually calculated by applying a percentage rate to the taxable price of a sale....
(1933), income tax
Income tax
An income tax is a tax levied on the income of individuals or businesses . Various income tax systems exist, with varying degrees of tax incidence. Income taxation can be progressive, proportional, or regressive. When the tax is levied on the income of companies, it is often called a corporate...
(1935), use tax
Use tax
A use tax is a type of excise tax levied in the United States. It is assessed upon otherwise "tax free" tangible personal property purchased by a resident of the assessing state for use, storage or consumption of goods in that state , regardless of where the purchase took place...
(1935), corporate income tax (1937), and fuel tax
Fuel tax
A fuel tax is an excise tax imposed on the sale of fuel. In most countries the fuel tax is imposed on fuels which are intended for transportation...
(1937). He served as the first administrator of the California sales tax and supervised its deployment across 200,000 retail
Retail
Retail consists of the sale of physical goods or merchandise from a fixed location, such as a department store, boutique or kiosk, or by mail, in small or individual lots for direct consumption by the purchaser. Retailing may include subordinated services, such as delivery. Purchasers may be...
ers.
In January 1940, he started working part-time as a Deputy Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
under California Attorney General Earl Warren
Earl Warren
Earl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...
(who later became Chief Justice of the United States
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
). He also started serving as Acting Dean of Boalt Hall, UC Berkeley's law school. On July 31, 1940, Traynor was nominated to the Supreme Court of California by Governor
Governor of California
The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...
Culbert Olson
Culbert Olson
Culbert Levy Olson was an American lawyer and politician. A Democrat, Olson was involved in Utah and California politics and was elected as the 29th Governor of California from 1939 to 1943.-Personal background:...
. He was unanimously confirmed by the Qualifications Committee on August 13 and was sworn in the same day.
Judicial career
Traynor has generally been viewed by the American legal community as the single greatest judgeJudge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
in the history of the California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
, and one of the greatest judges in the history of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. His obituary
Obituary
An obituary is a news article that reports the recent death of a person, typically along with an account of the person's life and information about the upcoming funeral. In large cities and larger newspapers, obituaries are written only for people considered significant...
in the New York Times noted that "Traynor was often called one of the greatest judicial talents never to sit on the United States Supreme Court
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...
."
His 1948 opinion
Opinion
In general, an opinion is a subjective belief, and is the result of emotion or interpretation of facts. An opinion may be supported by an argument, although people may draw opposing opinions from the same set of facts. Opinions rarely change without new arguments being presented...
in Perez v. Sharp
Perez v. Sharp
In 1948, in the case Perez v. Sharp, also known as Perez v. Lippold and Perez v. Moroney, the Supreme Court of California recognized that interracial bans on marriage violated the Fourteenth Amendment of the Federal Constitution....
was the first instance of a state supreme court
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
striking down a statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
prohibiting miscegenation
Miscegenation
Miscegenation is the mixing of different racial groups through marriage, cohabitation, sexual relations, and procreation....
. Traynor also wrote a 1952 opinion that abolished the defense of recrimination
Recrimination
In law, recrimination is a defense in an action for divorce in which the accused party makes a similar accusation against the plaintiff. In plain English, it is a lawyer's way of saying "you too."...
in the context of divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
and paved the way for the social revolution of no-fault divorce
No-fault divorce
No-fault divorce is a divorce in which the dissolution of a marriage requires neither a showing of wrong-doing of either party nor any evidentiary proceedings at all...
. But his most significant and well-known contribution to contemporary American law
Law of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
is probably his 1963 creation of true strict liability
Strict liability
In law, strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability...
in product liability
Product liability
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause...
cases. An earlier generation of judges had cautiously experimented with legal fiction
Legal fiction
A legal fiction is a fact assumed or created by courts which is then used in order to apply a legal rule which was not necessarily designed to be used in that way...
s like warranties to avoid leaving severely injured plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
s without any recourse. Traynor simply threw those away and imposed strict liability as a matter of public policy
Public policy
Public policy as government action is generally the principled guide to action taken by the administrative or executive branches of the state with regard to a class of issues in a manner consistent with law and institutional customs. In general, the foundation is the pertinent national and...
.
To those skeptical of the power of government to redress social wrongs, Traynor's extraordinary work is notable for the degree to which it asserted the power of the judiciary to resolve difficult issues of public policy, and to redefine the boundaries of corporate and governmental liability. In his biography of Traynor, White wrote: "If California was a testing ground for governmental theories of modern liberalism, Traynor was an architect of a judicial role compatible with the activities of the modern liberal state."
During his long and distinguished career, Traynor authored more than 900 opinions, and he gained a reputation as the nation's leading state court judge. During his tenure, the decisions of the Supreme Court of California became the most frequently cited by all other state courts in the nation. http://www.igs.berkeley.edu/publications/detailbooks/field-introduction.pdf Several of Traynor's decisions were majority opinions that transformed California from a conservative and somewhat repressive state into a progressive, innovative jurisdiction in the forefront of American law.
Traynor was also noted for the quality of his writing and reasoning, and was honored during his lifetime with membership in 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...
(a rare honor for a judge). Many of his opinions are still mandatory reading for American law students. Also, Traynor did not uniformly join all opinions that could be characterized as "liberal" or "progressive" during his time on the Court; for example, he filed a two-sentence dissent in the landmark case of Dillon v. Legg
Dillon v. Legg
Dillon v. Legg, 68 Cal. 2d 728 , was a case decided by the Supreme Court of California that established the tort of negligent infliction of emotional distress...
, 68 Cal. 2d 728 (1968), which was a major step towards the modern tort of negligent infliction of emotional distress
Negligent infliction of emotional distress
The tort of negligent infliction of emotional distress is a controversial cause of action, which is available in nearly all U.S. states but is severely constrained and limited in the majority of them. The underlying concept is that one has a legal duty to use reasonable care to avoid causing...
.
Retirement
On January 2, 1970, Traynor announced his retirementRetirement
Retirement is the point where a person stops employment completely. A person may also semi-retire by reducing work hours.Many people choose to retire when they are eligible for private or public pension benefits, although some are forced to retire when physical conditions don't allow the person to...
in order to avoid losing eligibility for retirement benefits under a California law that stripped judges of most benefits if they chose to remain on the bench past the age of 70. He retired to Berkeley
Berkeley, California
Berkeley is a city on the east shore of the San Francisco Bay in Northern California, United States. Its neighbors to the south are the cities of Oakland and Emeryville. To the north is the city of Albany and the unincorporated community of Kensington...
and subsequently died there in his home from cancer
Cancer
Cancer , known medically as a malignant neoplasm, is a large group of different diseases, all involving unregulated cell growth. In cancer, cells divide and grow uncontrollably, forming malignant tumors, and invade nearby parts of the body. The cancer may also spread to more distant parts of the...
.
In July 1983, the California Law Review gave over all its space in issue 4, volume 71 to publishing eloquent tributes to Justice Traynor from several esteemed judges, law professors, and politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
s, including Warren Burger, Henry Friendly
Henry Friendly
Henry Jacob Friendly was a prominent judge in the United States, who sat on the United States Court of Appeals for the Second Circuit from 1959 through 1974 and in senior status until his death by suicide in 1986.- Before the bench :Judge Friendly graduated from...
, and Edmund G. Brown.
Criticism
The liberal tendencies of much of Traynor's work has since made him the subject of extensive criticism from American libertariansLibertarianism
Libertarianism, in the strictest sense, is the political philosophy that holds individual liberty as the basic moral principle of society. In the broadest sense, it is any political philosophy which approximates this view...
and conservatives
Conservatism
Conservatism is a political and social philosophy that promotes the maintenance of traditional institutions and supports, at the most, minimal and gradual change in society. Some conservatives seek to preserve things as they are, emphasizing stability and continuity, while others oppose modernism...
, and tort reform
Tort reform
Tort reform refers to proposed changes in common law civil justice systems that would reduce tort litigation or damages. Tort actions are civil common law claims first created in the English commonwealth system as a non-legislative means for compensating wrongs and harm done by one party to...
ers have often grouped Traynor together with Earl Warren
Earl Warren
Earl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...
as examples of judicial activist
Judicial activism
Judicial activism describes judicial ruling suspected of being based on personal or political considerations rather than on existing law. It is sometimes used as an antonym of judicial restraint. The definition of judicial activism, and which specific decisions are activist, is a controversial...
s. For example, the conservative magazine National Review
National Review
National Review is a biweekly magazine founded by the late author William F. Buckley, Jr., in 1955 and based in New York City. It describes itself as "America's most widely read and influential magazine and web site for conservative news, commentary, and opinion."Although the print version of the...
attacked Traynor's reasoning in the Pacific Gas and Electric case (Pacific Gas & Elec. Co. v. G. W. Thomas Drayage Co., 69 Cal. 2d 33 [1968]) in a 1991 cover story.
In 1998, Regulation (the Cato Institute
Cato Institute
The Cato Institute is a libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Edward H. Crane, who remains president and CEO, and Charles Koch, chairman of the board and chief executive officer of the conglomerate Koch Industries, Inc., the largest privately held...
's journal) published a harsh critique of the California tort law system by Stephen Hayward. He claimed that "rather than protecting life, liberty, and property, [it] has ... become a threat to these." In blunt language, Hayward identified Roger Traynor's liberalizing influence on the Court's view of liability as "the first breach":
In a 1966 essay addressed to both the legal community of his time and future generations, Traynor defended his judicial philosophy:
Personal life
Traynor was born and raised in Park City, UtahPark City, Utah
Park City is a town in Summit and Wasatch counties in the U.S. state of Utah. It is considered to be part of the Wasatch Back. The city is southeast of downtown Salt Lake City and from Salt Lake City's east edge of Sugar House along Interstate 80. The population was 7,558 at the 2010 census...
, then a hardscrabble mining
Mining
Mining is the extraction of valuable minerals or other geological materials from the earth, from an ore body, vein or seam. The term also includes the removal of soil. Materials recovered by mining include base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock...
town, at the turn of the century by Felix and Elizabeth Traynor. His parents were impoverished Irish
Irish people
The Irish people are an ethnic group who originate in Ireland, an island in northwestern Europe. Ireland has been populated for around 9,000 years , with the Irish people's earliest ancestors recorded having legends of being descended from groups such as the Nemedians, Fomorians, Fir Bolg, Tuatha...
immigrants from Hilltown in Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
.
In 1919, upon the advice of a high school teacher, he entered the University of California, Berkeley
University of California, Berkeley
The University of California, Berkeley , is a teaching and research university established in 1868 and located in Berkeley, California, USA...
, though he had only $500 in savings to finance his college education. Fortunately, he won a scholarship
Scholarship
A scholarship is an award of financial aid for a student to further education. Scholarships are awarded on various criteria usually reflecting the values and purposes of the donor or founder of the award.-Types:...
at the end of his first year due to his excellent grades, and went on to earn 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...
in 1923, an M.A.
Master of Arts (postgraduate)
A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
in 1924, and a Ph.D.
Ph.D.
A Ph.D. is a Doctor of Philosophy, an academic degree.Ph.D. may also refer to:* Ph.D. , a 1980s British group*Piled Higher and Deeper, a web comic strip*PhD: Phantasy Degree, a Korean comic series* PhD Docbook renderer, an XML renderer...
in 1926; all these degrees were in political science
Political science
Political Science is a social science discipline concerned with the study of the state, government and politics. Aristotle defined it as the study of the state. It deals extensively with the theory and practice of politics, and the analysis of political systems and political behavior...
. He also earned a 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 Boalt Hall in 1927. He earned the two latter degrees at the same time, while also teaching undergraduates and serving as editor-in-chief of the California Law Review. He was subsequently admitted to the State Bar of California
State Bar of California
The State Bar of California is California's official bar association. It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, and prescribing appropriate discipline...
that same year.
On August 23, 1933, Traynor married Madeleine Emilie Lackman, a woman who shared his love of learning: she already held a M.A.
Master's degree
A master's is an academic degree granted to individuals who have undergone study demonstrating a mastery or high-order overview of a specific field of study or area of professional practice...
in political science from UC Berkeley and would go on to earn a J.D. in 1956. They had three sons: Michael, Joseph, and Stephen. Michael followed his father into law; he attended 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...
, became a partner with Cooley Godward Kronish LLP, and has served as president of The American Law Institute
American Law Institute
The American Law Institute was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law, Principles of the Law, model codes, and other proposals for law...
.
List of cases
- Bernhard v. Bank of America, 19 Cal. 2d 807 (1942) a litigant could be collaterally estoppedCollateral estoppelCollateral estoppel , known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that "once a court has decided an issue of fact or law necessary to its judgment, that decision .....
from relitigating an issue that had been previously decided in an earlier suit against a different party - Escola v. Coca Cola Bottling Co. of Fresno, 24 Cal. 2d 453 (1944) Early suggestion (in concurrence) of true strict liability for defective products
- Perez v. SharpPerez v. SharpIn 1948, in the case Perez v. Sharp, also known as Perez v. Lippold and Perez v. Moroney, the Supreme Court of California recognized that interracial bans on marriage violated the Fourteenth Amendment of the Federal Constitution....
, 32 Cal. 2d 711 (1948) overturning a state law prohibiting miscegenationMiscegenationMiscegenation is the mixing of different racial groups through marriage, cohabitation, sexual relations, and procreation....
, Civil Code Section 69. The Supreme Court of California was the first state supreme court to abolish such laws. - State Rubbish Collectors Ass'n v. Siliznoff, 38 Cal. 2d 330 (1952) the cause of action for intentional infliction of emotional distressIntentional infliction of emotional distressIntentional infliction of emotional distress is a tort claim of recent origin for intentional conduct that results in extreme emotional distress. Some courts and commentators have substituted mental for emotional, but the tort is the same...
(IIED) - De Burgh v. De Burgh, 39 Cal. 2d 858 (1952) the defense of recriminationRecriminationIn law, recrimination is a defense in an action for divorce in which the accused party makes a similar accusation against the plaintiff. In plain English, it is a lawyer's way of saying "you too."...
in the context of divorceDivorceDivorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties... - People v. Cahan, 44 Cal. 2d 434 (1955) the exclusionary ruleExclusionary ruleThe exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law...
barring admissibility of evidence obtained in violation of the Fourth Amendment to the United States ConstitutionFourth Amendment to the United States ConstitutionThe Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
(as suggested by the U.S. Supreme Court in Wolf v. ColoradoWolf v. ColoradoWolf v. Colorado, 338 U.S. 25 was a United States Supreme Court case in which the Court held 6-3 that the Fourth Amendment was applicable to the States through the Due Process Clause of the Fourteenth Amendment, however, the exclusionary rule was not. The Court specified no redressive measures...
), though Cahan would be rendered moot by Mapp v. OhioMapp v. OhioMapp v. Ohio, , was a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in criminal prosecutions in state courts, as well as...
, - Pencovic v. Pencovic, 45 Cal. 2d 67 (1955) the rule that parents cannot evade their child supportChild supportIn family law and public policy, child support is an ongoing, periodic payment made by a parent for the financial benefit of a child following the end of a marriage or other relationship...
obligations through the invocation of freedom of religionFreedom of religionFreedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
by becoming ostensible religious gurus and founding religious communes - Muskopf v. Corning Hospital District, 55 Cal. 2d 211 (1961) overturned the doctrine of sovereign immunitySovereign immunitySovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
, although the Legislature promptly overrode Muskopf with the Tort Claims Act of 1963 as explained in Biggers v. Sacramento City Unified School District, 25 Cal. App. 3d 269 (1972) - Bernkrant v. Fowler 55 Cal. 2d 588 (1961) the "moderate and restrained interpretation" doctrine for resolving conflict-of-laws problems
- Greenman v. Yuba Power Products, Inc., 59 Cal. 2d 57 (1963) true strict liabilityStrict liabilityIn law, strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability...
in tortTortA tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
for defective products (see product liabilityProduct liabilityProduct liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause...
) which a 1996 panel of tort law experts subsequently ranked as the top development in tort law of the past 50 years. - Vandermark v. Ford Motor Co., 61 Cal. 2d 256 (1964) extension of such strict liability from manufacturers to retailers and all others involved in the "overall producing and marketing enterprise that should bear the cost of injuries resulting from defective products,"
- Pacific Gas & Elec. Co. v. G. W. Thomas Drayage Co., 69 Cal. 2d 33 (1968) the rule that extrinsic evidence of trade usage or custom is admissible where relevant to prove a meaning to which the language of a contractContractA contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
is reasonably susceptible, undermining the parol evidence ruleParol evidence ruleThe parol evidence rule is a substantive common law rule in contract cases that prevents a party to a written contract from presenting extrinsic evidence that contradicts or adds to the written terms of the contract that appears to be whole... - Jones v. H. F. Ahmanson & Co., 1 Cal. 3d 93 (1969) the rule that majority shareholders of closely held corporations have a duty to not destroy the value of the shares held by minority shareholders
External links
- High-resolution portrait from Bancroft Library archives - hosted by the California Digital LibraryCalifornia Digital LibraryThe California Digital Library is the University of California's 11th University Library. The CDL was founded to assist the ten University of California libraries in sharing their resources and holdings more effectively, in part through negotiating and acquiring consortial licenses on behalf of...
's Calisphere primary source project