Hans A. Linde

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Hans A. Linde
79th Associate Justice of the Oregon Supreme Court
In office
1977 – 1990
Appointed by Robert W. Straub
Preceded by William M. McAllister
Succeeded by Richard Unis
Born April 15, 1924 (1924-04-15) (age 84)
Berlin, Germany

Hans Arthur Linde, a Distinguished Scholar in Residence at Willamette University College of Law, is a retired justice of the Oregon Supreme Court and former professor at the University of Oregon School of Law[1] and other universities.

Contents

[edit] Career

Linde was born on April 15, 1924 in Berlin, Germany, to Bruno C. (judge and attorney) and Louise Linde. He married Helen Tucker on August 13, 1945; they are the parents of Lisa (1955) and David Linde[2](1960).

Hans Linde was schooled in Copenhagen, Denmark (from 1933 to 1939); his family then moved to Portland, Oregon. He earned a B.A. from Reed College in 1947, after army service in World War II, and a J.D. from the University of California at Berkeley Boalt Hall in 1950. He was a member of Phi Beta Kappa, Order of the Coif and served as the editor-in-chief of the California Law Review (1949-1950) (see Notes, 36 Cal. L. Rev. 628 (1948) & 37 Cal. L. Rev. 129 (1949)). He was admitted to practice law in Oregon in 1950.

Linde was a law clerk to Supreme Court Justice William O. Douglas, 1950-51, during which time the Court handed down Dennis v. United States[3] and Feiner v. New York.[4] He then worked as an attorney in the Office of the Legal Adviser to the Department of State and Adviser to the United States Delegation to the United Nations General Assembly (1951-53). Afterwards he was a Legislative Assistant to U.S. Senator Richard L. Neuberger, 1955-1958. Linde was Associate Professor and Professor of Law at the University of Oregon in 1954 and 1959-76, and has been a visiting professor in the law schools at U.C.L.A., Stanford, New York University, University of Texas, and a Fulbright lecturer in Freiburg and Hamburg, as well as at Willamette University. His publications include a coursebook in Legislative and Administrative Processes and more than 75 articles, lectures, and reviews.

Justice Linde served on the Oregon Supreme Court from 1977 to 1990. He was appointed by Governor Robert W. Straub to a term beginning January 3, 1977 and was elected in 1978 and re-elected in 1984. His term expired on December 3, 1990.

He was a member of Oregon's Commission on Constitutional Revision in 1961-63, and currently serves on the Oregon Law Commission. He is a member of the Council of the American Law Institute and a fellow of the American Academy of Arts and Sciences.

Both with his scholarly articles and judicial opinions, Linde played a leading role in the rediscovery of state constitutions and state law as sources of protection for individual rights and limitations on government power.

[edit] Opinions

Brown v. Multnomah County Dist. Court, 280 Or. 95, 570 P.2d 52 (1977) (fair trial)

City of La Grande/Astoria v. Public Employees Retirement Board, 281 Or. 137, 576 P.2d 1204, aff'd on rehearing, 284 Or. 173, 586 P.2d 765 (1978) (home rule)

City of Portland v. Tidyman, 306 Or. 174, 759 P.2d 242 (1988) (zoning & free expression)

Cooper v. Eugene School Dist., No. 4J, 301 Or. 358, 723 P.2d 298 (1986) (rts. of public employees, religious freedom)

DeFazio v. WPPSS, 296 Or. 550, 679 P.2d 1316 (1984)

Fazzolari v. Portland School District No. 1J, 303 Or. 1, 734 P.2d 1326 (1987) (torts: negligence)

Hall v. May Department Store Co., 292 Or. 131, 637 P.2d 1255 (1982) (torts: intentional affliction of emotional distress)

Humpers v. First Interstate Bank, 298 Or. 706, 696 P.2d 527 (1985) (privacy)

Kabil Development Corporation v. Mignot, 279 Or. 151, 566 P.2d 505 (1977) (contracts)

Koos v. Roth, 293 Or. 670, 652 P.2d 1255 (1982) (torts: strict liability)

Lipscomb v. State, 305 Or. 472, 753 P.2d 939 (1988) (veto power & the referendum)

Marbet v. PGE, 277 Or. 447, 561 P.2d 154 (1977)

McCall v. Legislative Assembly, 291 Or. 663, 634 P.2d 223 (1981) (legislative reapportionment)

Megdal v. Oregon State Board of Dental Examiners, 288 Or. 293, 605 P.2d 273 (1980) (admin. law)

Nearing v. Weaver, 295 Or. 702, 670 P.2d 137 (1983) (torts)

Ross v. Springfield School Dist.No. 19, 300 Or. 507, 716 P.2d 724 (1986) (rts. of public employees)

State v. Clark, 291 Or. 231, 630 P.2d 810 (1981) (criminal justice & equality of treatment)

State v. Freeland, 295 Or. 367, 667 P.2d 509 (1983) (grand juries & equality of treatment)

State v. Greene, 285 Or. 337, 347, 591 P.2d 1362, 1367 (1979) (concurring) (criminal procedure)

State v. Lowry, 295 Or. 337, 667 P.2d 996 (1983) (search & seizure)

State v. Robertson, 293 Or. 402, 649 P.2d 569 (1982) (coercion laws & free speech))

State v. Smith, 301 Or. 681, 702, 725 P.2d 894, 907 (1986) (dissenting) (self-incrimination)

State v. Tourtillott, 289 Or. 845, 869, 618 P.2d 423, 435 (1980) (dissenting) (auto checkpoints)

State of Oregon v. Wagner II, 309 Or. 5, 20, 786 P.2d 93, 101 ((1990) (dissenting) (popular initiative & death penalty)

Sterling v. Cupp, 290 Or. 611, 625 P.2d 123 (1981) (treatment of prisoners)

Note: The oral arguments in the above listed cases were originally audio taped and stored at the Oregon Supreme Court.

[edit] Scholarly publications, etc.

H. Linde & G. Bunn, Legislative & Administrative Processes (Foundation, 1976) (2nd ed., 1982)

Brodie & Linde, "State Court Review of Administrative Action: Prescribing the Scope of Review," 1977 Arizona State Law Journal 537

Linde, "A Republic if You Can keep It," 16 Hastings Constitutional Law Quarterly 295 (1989)

Linde, "Are State Constitutions Common Law?," 34 Arizona Law Review 215 (1992)

Linde, "Constitutional Rights in the Public Sector: Justice Douglas on Freedom in the Welfare State," 39 Washington Law Review 4 and 40 Washington Law Review 10 (1965) (pts 1 & 2)

Linde, "Clear and Present Danger Reexamined: Dissonance in the Brandenburg Concerto," 22 Stanford Law Review 1163 (1970)

Linde, "Comment on Powell v. McCormack," 17 U.C.L.A. Law Review 174 (1969)

Linde, "Courts and Censorship," 66 Minnesota Law Review 171 (1981)

Linde, "Does the 'New Federalism' Have a Future?," 4 Emerging Issues in State Constitutional Law 251 (1991)

Linde, "Commentary -- Douglas as Internationalist," in "He Shall Not Pass This Way Again": The Legacy of Justice William O. Douglas, Stephen L. Wasby, editor (University of Pittsburgh Press, 1990) pp. 305-311

Linde, "Due Process of Lawmaking," 55 Nebraska Law Review 197 (1976) (Oliver Wendell Holmes, Jr., Devise Lectures for 1975)

Linde, "E Pluribus -- Constitutional Theory & State Courts," 18 Georgia Law Review 165 (1984) (Sibley Lecture)

Linde, "Fair Trials & Press Freedom -- Two Rights Against the State," 13 Willamette Law Review 211 (1977)

Linde, "First Things First: Rediscovering the States' Bills of Rights," 9 University of Baltimore Law Review 379 (1980) (first annual Judge Irving A. Levine lecture)

Linde, "Hercules in a Populist Age," 103 Harvard Law Review 2067 (1990) (book review)

Linde, "Judges, Critics, and the Realist Tradition," 82 Yale Law Journal 227 (1972)

Linde, "Remarks of Justice Hans A. Linde: Lane County Bar Association, Eugene, April 23, 1984," in 70 Oregon Law Review 747, at 799-802 (1991) (Appendix D) (1984 re-election campaign remarks)

Linde, "State, Sovereignty, and International Law -- A Study of Three German Legal Theories," 1947 Senior Thesis, Reed College (available at Reed College Library)

Linde, "Without 'Due Process' -- Unconstitutional Law in Oregon," 49 Oregon Law Review 125 (1970)

Linde, "When Initiative Lawmaking is not 'Republican Government': The Campaign Against Homosexuality," 72 Oregon Law Review 19 (1993)

Linde, "Alternative approaches to the international organization of disarmament" (contributor, Rand Report)

[edit] Appellate briefs authored by Linde

Brief for Petitioner, Holmes v. Appling, 237 Or. 546, 392 P.2d 636 (1964)

Amicus Curiae Brief for Oregon Environmental Council, American Can Company v. Oregon Liquor Control Commission, 15 Or. App. 618, 517 P.2d 691 (1973)

Amicus Curiae Brief for Oregon Newspapers Association, Deras v. Myers, 272 Or. 47, 535 P.2d 541 (1975)

[edit] References

[edit] Footnotes

  1. ^ University of Oregon Law School
  2. ^ David Linde
  3. ^ Dennis v. United States (1951) (Douglas, J., dissenting)
  4. ^ Feiner v. New York (1951) (Douglas, J., dissenting)

[edit] Further reading

Robert F. Nagel, editor, Intellect and Craft: The Contributions of Hans A. Linde to American Constitutionalism (Westview Press, 1995)

"Symposium on the Work of Justice Hans Linde," 70 Oregon Law Review 679-1007 (1991) (with extensive bibliography) (contributions by: Dave Frohnmayer, Louis H. Pollak, William Cohen, G. Edward White, Ronald K.L. Collins, Caroline A. Forell, Rex Armstrong, Rives Kistler, & student comments)

John P. Frank, "A Tribute to Justice Hans A. Linde," 1984 Annual Survey of American Law xxi

Alfred Goodwin, "A Tribute to Hans Linde," 1984 Annual Survey of American Law xv

Abner Mikva, "Hans Linde: Hard to Bluff," 1984 Annual Survey of American Law ix

Robert Summers, "Hans A. Linde as Seen by a Junior Colleague -- A Personal Tribute," 1984 Annual Survey of American Law xi

Sanford Levinson, "Tiers of Scrutiny -- From Strict Through Rational Basis -- and the Future of Interests: Commentary on Fiss and Linde," 55 Albany Law Review 745 (1992) (referring to Linde as "easily one of the three most important state court judges in this century")

Patricia M. Wald, "Hans Linde and the Elusive Art of Judging: Intellect and Craft are Never Enoug," 75 Texas Law Review 215 (1996)

Richard Kipling, "A Scholar Named Mr. Justice Linde," Western Law Journal Newspaper (then published by L.A. Daily Journal), March-April, 1980, p. 1

Elder Witt, "Hans A. Linde -- The Unassuming Architect of an Emerging Role for State Constitutions," Governing Mag., July, 1989, at 56

David Margolick, "State Judiciaries are Shaping Law That Goes Beyond Supreme Court," New York Times, May 19, 1982, sect. A, p. 1

Heather Davis, "Tribute to Justice Hans A. Linde," Albany Law Review (June 2001)

"Willamette Law Review Symposium: Unparalleled Justice: The Legacy of Hans Linde" (October 2006)

"Hans A. Linde Receives Award" (American Constitution Society, Oregon Chapter, November 2006)

[edit] External links