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More Than 430 Law Professors Send Letter to Congress Opposing Impeachment

Bernard J. Hibbitts
Special to JURIST

Pittsburgh, November 6 - More than 430 law professors from across the country have signed a letter to Congress arguing that the charges made against President Clinton do not warrant impeaching him. The letter, sent today and officially released at a press conference in Washington this morning, was initially authored and circulated by Professor Susan Low Bloch of Georgetown University Law Center and Professor Jed Rubenfeld of Yale Law School. Claiming to speak "neither as Democrats nor as Republicans", and emphasizing "the enormous price the nation will pay in governance and stature if its President is put through a long, public, voyeuristic trial," the law professors signing the letter say that the allegations made against the President by Independent Counsel Kenneth Starr fall short of the legal standard set for impeachment. At the end of a detailed analysis of the "high Crimes and Misdemeanors" test laid down in the Constitution, they conclude that "short of heinous criminality, impeachment demands convincing evidence of grossly derelict exercise of official authority. In our judgment, Mr. Starr's report contains no such evidence."

Among the signatories to the Bloch/Rubenfeld letter are numerous high-profile constitutional experts, including Yale's Bruce Ackerman and Akil Reed Amar, Miami's John Ely, Chicago's Cass Sunstein and Harvard's Laurence Tribe.

Professor Bloch granted JURIST an exclusive interview just prior to today's submission of the letter.

Full text of letter

The Honorable Newt Gingrich
Speaker
United States House of Representatives

Dear Mr. Speaker:

Did President Clinton commit “high Crimes and Misdemeanors” warranting impeachment under the Constitution? We, the undersigned professors of law, believe that the misconduct alleged in the report of the Independent Counsel, and in the statement of Investigative Counsel David Schippers, does not cross that threshold.

We write neither as Democrats nor as Republicans. Some of us believe that the President has acted disgracefully, some that the Independent Counsel has. This letter has nothing to do with any such judgments. Rather, it expresses the one judgment on which we all agree: that the allegations detailed in the Independent Counsel’s referral and summarized in Counsel Schippers’s statement do not justify presidential impeachment under the Constitution.

No existing judicial precedents bind Congress’s determination of the meaning of “high Crimes and Misdemeanors.” But it is clear that Members of Congress would violate their constitutional responsibilities if they sought to impeach and remove the President for misconduct, even criminal misconduct, that fell short of the high constitutional standard required for impeachment.

The President’s independence from Congress is fundamental to the American structure of government. It is essential to the separation of powers. It is essential to the President’s ability to discharge such constitutional duties as vetoing legislation that he considers contrary to the nation’s interests. And it is essential to governance whenever the White House belongs to a party different from that which controls the Capitol. The lower the threshold for impeachment, the weaker the President. If the President could be removed for any conduct of which Congress disapproved, this fundamental element of our democracy – the President’s independence from Congress – would be destroyed. It is not enough, therefore, that Congress strongly disapprove of the President’s conduct. Under the Constitution, the President cannot be impeached unless he has committed “Treason, Bribery, or other high Crimes and Misdemeanors.”

Some of the charges raised against the President fall so far short of this high standard that they strain good sense: for example, the charge that the President repeatedly declined to testify voluntarily or pressed a debatable privilege claim that was later judicially rejected. Such litigation “offenses” are not remotely impeachable. With respect, however, to other allegations, careful consideration must be given to the kind of misconduct that renders a President constitutionally unfit to remain in office.

Neither history nor legal definitions provide a precise list of high crimes and misdemeanors. Reasonable people have differed in interpreting these words. We believe that the proper interpretation of the Impeachment Clause must begin by recognizing treason and bribery as core or paradigmatic instances, from which the meaning of “other high Crimes and Misdemeanors” is to be extrapolated. The constitutional standard for impeachment would be very different if different offenses had been specified. The clause does not read, “Treason, Felony, or other Crime” (as does Article IV, Section 2 of the Constitution), so that any violation of a criminal statute would be impeachable. Nor does it read, “Arson, Larceny, or other high Crimes and Misdemeanors,” implying that any serious crime, of whatever nature, would be impeachable. Nor does it read, “Adultery, Fornication, or other high Crimes and Misdemeanors,” implying that any conduct deemed to reveal serious moral lapses might be an impeachable offense.

When a President commits treason, he exercises his executive powers, or uses information obtained by virtue of his executive powers, deliberately to aid an enemy. When a President is bribed, he exercises or offers to exercise his executive powers in exchange for corrupt gain. Both acts involve the criminal exercise of presidential powers, converting those awful powers into an instrument either of enemy interests or of purely personal gain. We believe that the critical, distinctive feature of treason and bribery is grossly derelict exercise of official power (or, in the case of bribery to obtain or retain office, gross criminality in the pursuit of official power). Non-indictable conduct might rise to this level. For example, a President might be properly impeached if, as a result of drunkenness, he recklessly and repeatedly misused executive authority.

Much of the misconduct of which the President is accused does not involve the exercise of executive powers at all. If the President committed perjury regarding his sexual conduct, this perjury involved no exercise of presidential power as such. If he concealed evidence, this misdeed too involved no exercise of executive authority. By contrast, if he sought wrongfully to place someone in a job at the Pentagon, or lied to subordinates hoping they would repeat his false statements, these acts could have involved a wrongful use of presidential influence, but we cannot believe that the President’s alleged conduct of this nature amounts to the grossly derelict exercise of executive power sufficient for impeachment.

Perjury and obstructing justice can without doubt be impeachable offenses. A President who corruptly used the Federal Bureau of Investigation to obstruct an investigation would have criminally exercised his presidential powers. Moreover, covering up a crime furthers or aids the underlying crime. Thus a President who committed perjury to cover up his subordinates’ criminal exercise of executive authority would also have committed an impeachable offense. But making false statements about sexual improprieties is not a sufficient constitutional basis to justify the trial and removal from office of the President of the United States.

It goes without saying that lying under oath is a very serious offense. But even if the House of Representatives had the constitutional authority to impeach for any instance of perjury or obstruction of justice, a responsible House would not exercise this awesome power on the facts alleged in this case. The House’s power to impeach, like a prosecutor’s power to indict, is discretionary. This power must be exercised not for partisan advantage, but only when circumstances genuinely justify the enormous price the nation will pay in governance and stature if its President is put through a long, public, voyeuristic trial. The American people understand this price. They demonstrate the political wisdom that has held the Constitution in place for two centuries when, even after the publication of Mr. Starr’s report, with all its extraordinary revelations, they oppose impeachment for the offenses alleged therein.

We do not say that a “private” crime could never be so heinous as to warrant impeachment. Congress might responsibly take the position that an individual who by the law of the land cannot be permitted to remain at large, need not be permitted to remain President. But if certain crimes such as murder warrant removal of a President from office because of their unspeakable heinousness, the offenses alleged in the Independent Counsel’s report or the Investigative Counsel’s statement are not among them. Short of heinous criminality, impeachment demands convincing evidence of grossly derelict exercise of official authority. In our judgment, Mr. Starr’s report contains no such evidence.

Sincerely,


Richard L. Abel, Connell Professor of Law, UCLA Law School
Alice Abreu, Professor of Law, Temple University School of Law
Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University
Matthew Adler, Assistant Professor, University of Pennsylvania
T. Alex Aleinikoff, Professor of Law, Georgetown University Law Center
Akhil Reed Amar, Southmayd Professor of Law, Yale University
Alison Grey Anderson, Professor of Law, UCLA School of Law
Mark Anderson, Associate Professor of Law, Temple University
William R. Anderson, Professor of Law, University of Washington
Peter Arenella, Professor of Law, UCLA School of Law
Barbara Allen Babcock, Judge John Crown Professor of Law, Stanford University Law School
Hope Babcock, Associate Professor of Law, Georgetown University Law Center
C. Edwin Baker, Nicholas F. Gallicchio Professor of Law, University of Pennsylvania
Fletcher N. Baldwin, Sam T. Dell Research Scholar and Professor of Law, University of Florida
Milner S. Ball, Caldwell Professor of Constitutional Law, University of Georgia
Susan Bandes, Professor of Law, DePaul University
William C. Banks, Laura J. and L.Douglas Meredith Professor, Syracuse University
John J. Barcelo III, William Nelson Cromwell Professor of International and Comparative Law, Cornell University
Mark Barenberg, Professor of Law, Columbia University
Stephen R. Barnett, Elizabeth J. Boalt Professor of Law, University of California at Berkeley
Katharine Bartlett, Professor of Law, Duke University School of Law
Babette Barton, Adrian A. Kagan Professor of Law, University of California at Berkeley
Robert J. Bartow, Laura H. Carnell Professor of Law, Temple University
Robert Batey, Professor of Law, Stetson University College of Law
Sara Sun Beale, Professor of Law, Duke University School of Law
Mary Becker, Professor of Law, University of Chicago Law School
Peter A. Bell, Professor of Law, Syracuse University College of Law
Leslie Bender, Professor of Law, Syracuse University College of Law
Robert Bennett, Professor of Law, Northwestern University College of Law
Tom Berg, Professor of Law, Cumberland Law School, Samford University
Vivian Berger, Nash Professor of Law, Columbia University School of Law
Merton C. Bernstein, Walter D. Coles Professor Emeritus, WashingtonUniversity
Louis Bilionis, Professor of Law, University of North Carolina
Walker J. Blakely, Professor of Law, University of North Carolina School
Susan Low Bloch, Professor of Law, Georgetown University Law Center
Gregg Bloche, Professor of Law, Georgetown University Law Center
Cheryl Block, Professor of Law, George Washington University Law School
Larry E. Blount, Associate Professor of Law, University of Georgia
Grace Ganz Blumberg, Professor of Law, UCLA Law School
John Charles Boger, Henry Brandis Professor of Law, University of North Carolina School of Law
Lloyd Bonfield, Professor of Law, Tulane University
Richard J. Bonnie, John S. Battle Professor of Law, University of Virginia
Amelia H. Boss, Professor of Law, Temple University
Cynthia Grant Bowman, Professor of Law, Northwestern University
James Boyle, Professor of Law, Washington College of Law, American University
Kathleen F. Brickey, James Carr Professor of Criminal Jurisprudence, Washington University
Joseph F. Brodley, Frank R. Kenison Scholar-In-Law, Professor of Law and Economics, Boston University
Lissa L. Broome, Professor of Law, University of North Carolina
Allan Brotsky, Professor of Law Emeritus, Golden Gate University
Kenneth S. Broun, Henry Brandis Professor of Law, University of North Carolina
Caroline N. Brown, Profesor of Law, University of North Carolina
Darryl Brown, Assistant Professor of Law , University of Dayton School of Law
Rebecca Brown, Professor of Law, Vanderbilt University School of Law
Patricia L. Bryan, Professor of Law, University of North Carolina
John M. Burkoff, Professor of Law, University of Pittsburgh School of Law
Scott Burris, Professor of Law, Temple University
Robert Burt, Alexander M. Bickel Professor of Public Law, Yale University
Claudia Burton, Professor of Law, Willamette University College of Law
Peter Byrne, Professor of Law, Georgetown University Law Center
Burton Caine, Professor of Law, Temple University School of Law
Paulette M. Caldwell, Professor of Law, New York University School of Law
Robert Calhoun, Professor of Law, Golden Gate University School of Law
Evan Caminker, Professor of Law, UCLA
Susan Carle, Assistant Professor of Law, Washington College of Law, American University
Paul D. Carrington, Harry R. Chadwick, Sr. Professor of Law, Duke University
Barry E. Carter, Professor of Law, Georgetown University Law Center
Sheryll D. Cashin, Associate Professor of Law, Georgetown University Law Center
Elizabeth Chambliss, Assistant Professor of Law, University of Denver
Oscar G. Chase, Vice Dean and Professor of Law, New York University
Erwin Chemerinsky, Professor of Law, University of Southern California
Alan Chen, Assistant Professor, University of Denver Law School
Steven Alan Childress, Professor of Law, Tulane University
Gabriel J. Chin, Associate Professor of Law, University of Cincinnati
Sumi Cho, Associate Professor, DePaul University College of Law
Carol Chomsky, Associate Professor of Law, University of Minnesota
Amy L. Chua, Associate Professor of Law, Duke University
Peter M. Cicchino, Assistant Professor of Law, Washington College of Law, American University
Amy B. Cohen, Professor of Law, Western New England College Law
Stephen Cohen, Professor of Law, Georgetown University Law Center
Sherman Cohn, Professor of Law, Georgetown University Law Center
Robert H. Cole, Professor of Law Emeritus, University of California School of Law at Berkeley
Richard Cole, Professor of Law, Western New England College of Law
Doriane Coleman, Professor of Law, Duke University School of Law
Jim Coleman, Professor of Law, Duke University School of Law
Jules Coleman, John A. Garver Professor of Jurisprudence and Philosophy, Yale University
Malina Coleman, Associate Dean and Associate Professor of Law, University of Akron School of Law
Charles W. Collier, Professor of Law & Affiliate Professor of Philosophy, University of Florida College of Law
Michael Corrado, Professor of Law, University of North Carolina
Thomas F. Cotter, Associate Professor of Law, University of Florida
Marion G. Crain, Professor of Law, University of North Carolina
Kimberle Crenshaw, Professor of Law, UCLA School of Law
David B. Cruz, Associate Professor of Law, University of Southern California
Lynn E. Cunningham, Associate Professor of Clinical Law, George Washington University Law School
Noel Cunningham, Professor of Law, New York University School of Law
Vivian Curran, Assistant Professor of Law, University of Pittsburgh
Harlon Dalton, Professor of Law, Yale University
Erin Daly, Associate Professor of Law, Widener University School of Law
Adrienne D. Davis, Professor of Law, Washington College of Law, American University
Peggy Cooper Davis, Shad Professor of Law, New York University Law School
Charles E. Daye, Henry Brandis Professor of Law, University of North Carolina
Raymond T. Diamond, Professor of Law, Tulane University School of Law
C. Thomas Dienes, Patricia Roberts Harris Research Professor of Law, George Washington University Law School
J. Herbie DiFonzo, Associate Professor of Law, Hofstra University Law School
Robert Dinerstein, Professor and Associate Dean for Academic Affairs, Washington College of Law, American University
Colin Diver, Dean and Bernard G. Segal Professor of Law, University of Pennsylvania
Michael C. Dorf, Vice Dean and Professor of Law, Columbia University
Norman Dorsen, Frederick I. and Grace A. Professor of Law, New York University Law School
Nancy E. Dowd, Professor of Law, University of Florida College of Law
Rochelle Dreyfuss, Professor of Law, New York University Law School
Robert Drinan, S.J., Professor of Law, Georgetown University Law Center
Earl C. Dudley, Jr., Professor of Law, University of Virginia
Martha Grace Duncan, Professor of Law, Emory University School of Law
Melvyn R. Durschlag, Professor of Law, Case Western Reserve School of Law
Ronald Dworkin, Professor of Law, New York University Law School
Allen K. Easley, Associate Dean & Professor of Law, Washburn Law School
Thomas A. Eaton, J. Alton Hosch Professor of Law, University of Georgia
Lauren Edelman, Professor of Law, University of California at Berkeley
Peter Edelman, Professor of Law, Georgetown University Law Center
Nancy S. Ehrenreich, Associate Professor of Law, University of Denver
Christopher L. Eisgruber, Professor of Law, New York University Law School
Richard A. Ellison, Professor of Law, Syracuse University College of Law
John Hart Ely, Richard A. Hausler Professor of Law, University of Miami
Susan Estrich, Robert Kingsley Professor of Law and Political Science, University of Southern California
Daniel Farber, Henry J. Fletcher Professor of Law, University of Minnesota
Chai Feldblum, Professor of Law, Georgetown University Law Center
Heidi Li Feldman, Visiting Associate Professor of Law, Georgetown University Law Center
Martha L. Fineman, Maurice T. Moore Professor of Law, Columbia University
George Fisher, Associate Professor of Law, Stanford University
Michael A. Fitts, Robert G. Fuller, Jr. Professor of Law, University of Pennsylvania
Martin Flaherty, Professor of Law, Fordham University Law School
James E. Fleming, Professor of Law, Fordham University School of Law
George P. Fletcher, Cardozo Professor of Jurisprudence, Columbia University
H. Miles Foy, Professor of Law, Wake Forest University
Susan F. French, Professor of Law, UCLA Law School
Eric T. Freyfrogle, Max L. Rowe Professor of Law, University of Illinois
Philip P. Frickey, Faegre & Benson Professor of Law, University of Minnesota
Barbara H. Fried, Professor of Law, Stanford University
Martin L. Fried, Crandall Melvin Professor of Law, Syracuse University
Lawrence Frolik, Professor of Law, University of Pittsburgh Law School
Theresa Gabaldon, Professor of Law and Carville Dickenson Benson Research Professor of Law, George Washington University Law School
Mary Ellen Gale, Professor of Law, Whittier Law School
James A. Gardner, Professor of Law, Western New England College
David Garland, Professor of Law, New York University Law School
Laura N. Gasaway, Professor of Law, University of North Carolina
S. Elizabeth Gibson, Burton Craige Professor of Law, University of North Carolina School of Law
Theresa Glennon, Associate Professor of Law, Temple University School of Law
Christopher Gobert, Visiting Professor of Law, Tulane University Law School
Thomas M. Goetzi, Professor of Law, Golden Gate University School of Law
Robert Kogod Goldman, Louis C. James Scholar and Professor of Law, Washington College of Law, American University
Richard I. Goldsmith, Professor of Law, Syracuse University College of Law
Amy Goldstein, Professor of Law, Western New England College
David B. Goldstein, Assistant Professor of Law, South Texas College of Law
Joel Goldstein, Associate Professor of Law, St. Louis University School of Law
Toby Golick, Clinical Professor and Director, Cardozo School of Law
Oliver Goodenough, Professor of Law, Vermont School of Law
Frank L. Goodman, Professor of Law, University of Pennsylvania
Robert Gordon, Fred A. Johnston Professor of Law, Yale University
Robert A. Gorman, Kenneth W. Gemmill Professor of Law, University of Pennsylvania Law School
Larry Gostin, Professor of Law, Georgetown University Law Center
Michael Gottesman, Professor of Law, Georgetown University Law Center
Nathan A Gozansky, Professor of Law and Associate Dean, Emory University
Frank P. Grad, Chamberlain Professor of Legislation, Columbia University
Jack Greenberg, Professor of Law, Columbia University Law School
Abner S. Greene, Associate Professor of Law, Fordham University
Eugene Gressman, Willliam Rand Kenan, Jr. Professor of Law Emeritus, University of North Carolina Law School
Thomas C. Grey, Nathan Bowman Sweitzer and Marie B. Sweitzer Professor of Law, Stanford University Law School
Stephen Griffin, Professor of Law, Tulane University
Samuel R. Gross, Professor of Law, University of Michigan
Joanna L. Grossman, Associate Professor of Law, Tulane University
Susan Grover, Associate Professor of Law, William and Mary College of Law
Isabelle R. Gunning, Professor of Law, Southwestern School of Law
Egon Guttman, Levitt Memorial Scholar Professor of Law, American University
Paul Haagan, Professor of Law, Duke University School of Law
Phoebe Haddon, Professor of Law, Temple University Law School
Mark M. Hager, Professor of Law, American University
Mark A. Hall, Professor of Law, Wake Forest University
Louise Halper, Associate Professor of Law, Washington & Lee University
Joel Handler, Richard C. Maxwell Professor of Law, UCLA School of Law
Ian Haney-Lopez, Acting Professor of Law, University of California at Berkeley
Henry Hansmann, Sam Harris Professor of Law, Yale University
Patrick Hardin, Professor of Law, University of Tennessee College of Law
Michael Harper, Professor of Law, Boston University School of Law
George C. Harris, Associate Professor, University of Utah College of Law
Jeffrey L. Harrison, Chesterfield Smith Professor of Law, University of Florida
William Burnett Harvey, Professor of Law Emeritus, Boston University
Thomas Lee Hazen, Cary C. Boshamer Professor of Law, University of North Carolina
Stanley D. Henderson, F.D.G. Ribble Professor of Law, University of Virginia
Louis Henkin, Professor of Law, Columbia University Law School
Helen Hershkoff, Associate Professor of Law, New York University School
Randy Hertz, Professor of Clinical Law, New York University Law School
Michael Herz, Professor of Law, Cardozo School of Law
Stephen Hetcher, Professor of Law, Vanderbilt Law School
Richard Hiers, Professor of Religion & Affiliate Professor of Law, University of Florida
Robert Hillman, Edwin H. Woodruff Professor of Law, Cornell Law School
Rick Hills, Assistant Professor of Law, University of Michigan Law School
Kenneth Hirsch, Professor of Law, Duquesne University School of Law
Joan Heifetz Hollinger, Visiting Professor of Law, University of California at Berkeley
Donald T. Hornstein, Reef Ivey II Research Professor of Law, University of North Carolina
Cooley Howarth, Associate Professor of Law, University of Dayton School of Law
Joan Howarth, Professor of Law, Golden Gate University School of Law
Joyce A. Hughes, Professor of Law, Northwestern University School of Law
Kyron Huigens, Assistant Professor of Law, Cardozo School of Law
Marina Hsieh, Acting Professor of Law, University of California, Berkeley
Eric Janus, Professor of Law, William Mitchell College of Law
William C. Jones, Charles F. Nagel Emeritus Professor of Law, Washington University School of Law
Emma Jordan, Professor of Law, Georgetown University Law Center
Thomas M. Jorde, Professor of Law, University of California at Berkeley
Sanford H. Kadish, Professor of Law Emeritus, University of California at Berkeley
Robert A. Kagan, Professor of Law and Political Science, University of California at Berkeley
Dan Kahan, Professor of Law, University of Chicago Law School
Faith Stevelman Kahn, Professor of Corporations and Business Law, New York Law School
David Kairys, Professor of Law, Temple University School of Law
Bill L. Kaplin, Professor of Law, Catholic University Law School
Kenneth Karst, David G. Price & Dallas P. Price Professor of Law, UCLA
Blair S. Kauffman, Professor of Law, Yale University
Mark Kelman, William Nelson Cromwell Professor of Law, Stanford University
Nancy Kenderdine, Professor of Law, Oklahoma City University School of Law
Robert B. Kent, Professor of Law Emeritus, Cornell University School of Law
John M. Kernochan, Nash Professor Emeritus of Law, Columiba University
Kits Kinports, Professor of Law, University of Illinois College of Law
Lawrence P. King, Charles Seligson Professor of Law, New York University
Lewis A. Kornhauser, Professor of Law, New York University
Lawrence Kramer, Professor of Law, New York University
Kenneth Kreiling, Professor of Law, Vermont School of Law
Seth F. Kreimer, Professor of Law, University of Pennsylvania
Robert R. Kuehn, Professor of Clinical Law, Tulane University
Paul M. Kurtz, J. Alton Hosch Professor of Law, University of Georgia
D. Bruce La Pierre, Professor of Law, Washington University
Pnina Lahav, Professor of Law, Boston University School of Law
Sylvia A. Law, Elizabeth K. Dollard Professor of Law, Medicine and Psychiatry, New York University Law School
Charles Lawrence, Professor of Law, Georgetown University Law Center
Frederick M. Lawrence, Associate Dean and Professor of Law, Boston University School of Law
Michael Lawrence, Professor of Law, Detroit College of Law at Michigan State University
Douglas Laycock, Alice McKean Young Regents Chair and Professor of Law, University of Texas School of Law
Richard Lazarus, Professor of Law, Georgetown University Law Center
Robert N. Leaval, Alumni Professor of Law (Emeritus), University of Georgia
Stephen H. Legomsky, Nagel Professor of Internationald & Comparative Law, Washington University
Lisa G. Lerman, Associate Professor and Director, Law and Public Policy Program, Catholic University Law School
Howard Lesnick, Jefferson B. Fordham Professor of Law, University of Pennsylvania
Lawrence Lessig, Professor of Law, Harvard University Law School
Ronald M. Levin, Professor of Law, Washington University
Neil M. Levy, Professor of Law, Golden Gate University School of Law
Lyrissa Lidsky, Associate Professsor of Law, University of Florida College of Law
Laura Little, Professor of Law, Temple University School of Law
Arnold H. Loewy, Graham Kenan Professor of Law, University of North Carolina
Sara Jane Love, Professor of Law, University of Georgia School of Law
David Luban, Frederick J. Haas Professor of Law & Ethics, Georgetown University Law Center
Jeffrey S. Lubbers, Visiting Associate Professor, Washington College of Law, American University
William V. Luneberg, Professor of Law, University of Pittsburgh School of Law
Ira C. Lupu, Louis Harkey Mayo Research Professor of Law, George Washington University Law School
Robert Lusardi, Associate Dean and Professor of Law, Western New England
Gerald E. Lynch, Paul J. Kellner Professor of Law, Columbia University
Holly Maguigan, Professor of Clinical Law, New York University Law School
Pedro A. Malavet, Assistant Professor, University of Florida College of Law
Bruce H. Mann, Professor of Law and History, University of Pennsylvania
Burke Marshall, Nicholas deB. Katzenbach Professor Emeritus, Yale University
Lawrence C. Marshall, Professor of Law, Northwestern University Law School
William Marshall, Professor of Law, Northwestern University Law School
Elena Marty-Nelson, Professor of Law, Nova Southeastern University
Jerry Mashaw, Sterling Professor of Law, Yale University
Richard A. Matasar, Dean & Levin, Mabie & Levin Professor of Law, University of Florida College of Law
Mari Matsuda, Professor of Law, Georgetown University Law Center
Diane Mazur, Associate Professor of Law, University of Florida College of Law
Richard McAdams, Professor of Law, Boston University School of Law
Patricia A. McCoy, Associate Professor of Law, Cleveland-Marshall College of Law, Cleveland State University
Thomas R. McCoy, Professor of Law, Vanderbilt University Law School
Paul R. McDaniel, Professor of Law, New York University Law School
William McGovern, Professor of Law Emeritus, UCLA Law School
Joan S. Meier, Professor Clinical Law, George Washington University
Peter Menell, Professor of Law, University of California at Berkeley
Carrie Menkel-Meadow, Professor of Law, Georgetown University Law Center
Vanessa Mercer, Associate Dean and Professor of Law, Pace University
Richard Merrill, Daniel Caplin Professor of Law, University of Virginia
Michael J. Meurer, Professor of Law, Boston University School of Law
Philip Meyer, Professor of Law, Vermont School of Law
Binney Miller, Professor of Law, Washington College of Law, American University
Marc L. Miller, Professor of Law, Emory University School of Law
Martha Minow, Professor of Law, Harvard University School of Law
Wallace J. Mlyniec, Lupo-Ricci Professor of Law and Associate Dean, Georgetown University Law Center
Nancy Morawetz, Professor of Clinical Law, New York University Law School
Denise C. Morgan, Associate Professor, New York Law School
Muriel Morisey, Associate Professor of Law, Temple University School of Law
Robert Mosteller, Professor of Law, Duke University School of Law
Arthur W. Murphy, Professor Emeritus of Law, Columbia University Law School
Wiliam P. Murphy, Henry Brandis Professor of Law Emeritus, University of North Carolina
Eleanor Myers, Associate Professor of Law, Temple University Law School
Thomas Nagel, Professor of Philosophy and Law, New York University
Winston P. Nagen, Professor of Law, University of Florida College of Law
Gerald L. Neuman, Herbert Wechsler Professor of Federal Jurisprudence, Columbia University Law School
Kenneth Nunn, Professor of Law, University of Florida College of Law
John E. Nowak, David C. Baum Professor of Law, University of Illinois
Robert L. Oakley, Professor of Law and Director of the Law Library, Georgetown University Law Center
Michael Oberst, Professor of Law, University of Florida College of Law
Edward D. Ohlbaum, Professor of Law and Director of Clinical Legal Education, Temple University Law School
James Oldham, Professor of Law, Georgetown University Law Center
Frances Olsen, Overseas Fellow, Churchill College, Cambridge Professor of Law, UCLA
Terry A. O’Neill, Associate Professor, Tulane University School of Law
Patrick Parenteau, Professor of Law, Vermont School of Law
John Parry, Assistant Professor of Law, University of Pittsburgh School of Law
Dan Partan, R. Gordon Butler Scholar-in-Law and Professor of Law, Boston University School of Law
Elizabeth H. Patterson, Associate Professor of Law, Georgetown University Law Center
L. Ray Patterson, Pope Brock Professor of Law, University of Georgia
Stephen L. Pepper, Professor of Law, University of Denver School of Law
Juan F. Perea, Professor of Law, University of Florida College of Law
Donald Peters, Professor of Law, University of Florida College of Law
Nancy D. Polikoff, Professor of Law, Washington College of Law, American University
Daniel H. Pollitt, Graham Kenan Professor of Law Emeritus, University of North Carolina
Andrew F. Popper, Professor of Law, Washington College of Law, American University
Robert Post, Alexander F. & May T. Morrison Professor of Law, University of California at Berkeley
J. L. Pottenger, Nathan Baker Clinical Professor and Director, Yale University
Charles R.P. Pouncy, Associate Professor of Law, University of Florida
Catherine Powell, Associate Professor of Law, Columbia Law School
Walter Probert, Professor of Law, University of Florida College of Law
E. Ann Puckett, Professor of Law and Director of Law Library, University of Georgia School of Law
James C. Quarles, Professor of Law, University of Florida College of Law
Robert L. Rabin, Professor of Law, A. Calder Mackay Professor of Law, Stanford University Law School
Andrzej Rapaczynski, Professor of Law, Columbia University School of Law
Alice A. Ratliff, Clinical Professor of Law, University of North Carolina
Mitt Regan, Professor of Law, Georgetown University Law Center
Joel R. Reidenberg, Professor of Law, Fordham University School of Law
Arnold W. Reitze, Jr., J.B. and Maurice C. Shapiro Professor of Environmental Law, George Washington University Law School
John Reitz, Professor of Law, University of Iowa College of Law
Jeffrey T. Renz, Assistant Professor, University of Montana School of Law
Judith Resnik, Arthur L. Liman Professor, Yale University
Wilhelmina M. Reuben-Cooke, Professor of Law, Syracuse University
Paula R. Rhodes, Associate Professor, University of Denver College of Law
William D. Rich, Associate Professor of Law, University of Akron
David A.J. Richards, Edwin J. Webb Professor of Law, New York University
Ira P. Robbins, Barnard T. WelshScholar and Professor of Law and Justice, Washington College of Law, American University
Gary R. Roberts, Professor of Law, Tulane University
John C. Roberts, Professor of Law and Dean Emeritus, DePaul University
Florence Wagman Roisman, Associate Professor, Indiana University
Celina Romany, Professor of Law, City University of New York
Michael Rooke-Ley, Visiting Professor of Law, Willamette University
Carol Rose, Gordon Bradford Tweedy Professor of Law, Yale University
Charles P. Rose, Professor of Law, Wake Forest University
Jeffrey Rosen, Associate Professor of Law, George Washington University
Richard Rosen, Professor of Law, University of North Carolina
Michel Rosenfeld, Justice Sidney L. Robins Professor of Human Rights, Cardozo School of Law, Yeshiva University
Arthur Rosett, Professor of Law, UCLA Law School
Stephen F. Ross, Professor of Law, University of Illinois College of Law
Susan Deller Ross, Professor of Law, Georgetown University Law Center
Paul Rothstein, Professor of Law, Georgetown University Law Center
Laura Rovner, Assistant Professor of Law, Syracuse University School of Law
Tom Rowe, Professor of Law, Duke University School of Law
Jed Rubenfeld, Professor of Law, Yale University Law School
Peter J. Rubin, Visiting Associate Professor of Law, Georgetown University Law Center
Sharon Rush, Irving Cypen Professor of Law, University of Florida
Michael Rusted, Professor of Law, Suffolk University Law School
Susan Rutberg, Associate Professor, Golden Gate University School of Law
George Rutherglen, O.M. Vicars Professor of Law, University of Virginia
Stephen A. Saltzburg, Howrey Professor of Trial Advocacy, Litigation and Professional Responsibility, George Washington University Law School
Kenneth Salzberg, Associate Professor of Law, Hamline University
Leslie Salzman, Associate Clinical Professor of Law, Cardozo School of Law
Pam Samuelson, Professor of Law, University of California at Berkeley
Richard H. Sander, Professor of Law, UCLA
Thomas Sargentich, Professor of Law, Washington School of Law, American University
Gail Sassnett, Associate Dean for Students, University of Florida College of Law
Shelley Ross Saxer, Associate Professor of Law, Pepperdine School of Law
Robert Schapiro, Associate Professor of Law, Emory University School of Law
Barbara Schatz, Clinical Professor of Law, Columbia University Law School
Kim L. Scheppele, Professor of Law, Political Science, and Sociology, University of Pennsylvania
Philip Schrag, Professor of Law, Georgetown University Law Center
Christopher Schroeder, Professor of Law, Duke University School of Law
Vicki Schultz, Professor of Law, Yale University
Jane Schukoske, Associate Professor of Law, University of Baltimore
Joshua I. Schwartz, Professor of Law, George Washington University
Helen Scott, Professor of Law, New York University School of Law
David J. Seipp, Professor of Law, Boston University School of Law
Michael Selmi, Associate Professor, George Washington Law School
Peter M. Shane, Professor of Law, University of Pittsburgh School of Law
Howard Shelanski, Acting Professor of Law, University of California at Berkeley
Suzanna Sherry, Earl R. Larson Professor of Law, University of Minnesota
David F. Shores, Professor of Law, Wake Forest University
Marjorie M. Shultz, Professor of Law, University of California at Berkeley
Reva Siegel, Professor of Law, Yale University Law School
John Simon, Augustus Lines Professor of Law, Yale University
Eric S. Sirulnik, Professor of Law, George Washington University Law School
Jerome H. Skolnick, Claire Clements Dean’s Professor Emeritus, University of California Berkeley; now Professor of Law, New York University
Abbe Smith, Visiting Associate Professor of Law, Georgetown University Law Center
Robert Solomon, Clinical Professor of Law, Yale University
Jane M. Spinak, Edward Ross Aranow Clinical Professor of Law, Columbia University Law School
Theodore St. Antoine, Professor of Law Emeritus, University of Michigan
Barbara Stark, Professor of Law, University of Tennessee College of Law
Carol S. Steiker, Professor of Law, Harvard University Law School
Gregory M. Stein, Associate Professor of Law, University of Tennessee
Henry Steiner, Jeremiah Smith, Jr. Professor of Law, Harvard Law School
John-Mark Stensvaag, Professor of Law, University of Iowa College of Law
Pamela J. Stephens, Professor of Law, Vermont Law School
Marc Stickgold, Professor of Law, Golden Gate University School of Law
Geoffrey R. Stone, Harry Kalven, Jr. Dist. Serv. Professor & Provost, University of Chicago Law School
Kelly Strader, Professor of Law, Southwestern School of Law
Peter L. Strauss, Betts Professor of Law, Columbia University Law School
Harry Subin, Professor of Law, New York University Law School
Allen Sultan, Professor of Law, University of Dayton
Cass Sunstein, Karl Llewelyn Professor of Jurisprudence, University of Chicago
Eleanor Swift, Professor of Law, University of California at Berkeley
Nina W. Tarr, Professor of Law, University of Illinois School of Law
Grace W. “Betty” Taylor, Clarence J. TeSelle Professor of Law and Director of the Legal Information Center, University of Florida College of Law
Kendall Thomas, Professor of Law, Columbia University Law School
Karen Tokarz, Professor and Director of Clinical Education, Washington University
Laurence H. Tribe, Tyler Professor of Constitutional Law, Harvard University
William Turnier, Willie Person Mangum Professor of Law, University of North Carolina
Mary Poe Twitchell, Professor of Law, University of Florida College of Law
Laura Underkuffler, Professor of Law, Duke University School of Law
Frank K. Upham, Professor of Law, New York University Law School
Richard Uvillar, Professor of Law, Columbia University School of Law
Francisco Valdes, Professor of Law, University of Miami School of Law
Joan Vogel, Professor of Law, Vermont Law School
Valorie K. Vojdik, Assistant Professor of Law, Western New England College
Letti Volpp, Assistant Professor of Law, Washington College of Law, American University
Heathcote W. Wales, Associate Professor of Law, Georgetown University Law Center
Camilla E. Watson, Professor of Law, University of Georgia School of Law
Jonathan Weinberg, Associate Professor of Law, Wayne State University
Edith Brown Weiss, Professor of Law, Georgetown University Law Center
Charles D. Weisselberg, Professor of Law, University of California at Berkeley
Richard Wellman, Alston Professor of Law Emeritus, University of Georgia
Robin West, Professor of Law, Georgetown University Law Center
Leila Sadat Wexler, Professor of Law, Washington University School of Law
Stephanie M. Wildman, Visiting Professor of Law, Santa Clara School of Law
Wendy Williams, Professor of Law, Georgetown University Law Center
John P. Wilson, Professor of Law and former Dean, Golden Gate University
Richard J. Wilson, Professor of Law, American University
James L.Winokur, Professor of Law, University of Denver
Stephen Wizner, Willliam O. Douglas Clinical Professor, Yale University
Danaya Wright, Assistant Professor of Law, University of Florida
Ronald F. Wright, Professor of Law, Wake Forest University
Arthur D. Wolf, Professor of Law, Western New England College
Charles M.Yablon, Professor of Law, Cardozo School of Law
Diane Zimmerman, Professor of Law, New York University Law School
Franklin Zimring, William G. Simon Professor of Law, University of California at Berkeley
Benjamin C. Zipursky, Associate Professor of Law, Fordham University

We received word from the following professors slightly too late to include them in the original letter, but since they wished to sign, we have added this post-script.


James F. Bailey, III, Professor of Law, Indiana University
David E. Feller, Professor of Law, University of California at Berkeley
Paul J. Galanti, Professor of Law, Indiana University
Howard A. Glickstein, Dean and Professor of Law, Touro Law Center
Alvin Goldman, Dorothy Salmon Professor of Law, University of Kentucky
Steven P. Grossman, Professor of Law, University of Baltimore
Eileen Kaufman, Vice Dean & Professor of Law, Touro Law Center
Richard Klein, Professor of Law, Touro Law Center
Burt Neuborne, Professor of Law, New York University
Harold Norris, Professor of Law, Detroit College of Law, Michigan State
Carlton J. Snow, Professor of Law, Willamette University
June Starr, Associate Professor of Law, Indiana University
Roderick Surratt, Professor of Law, Syracuse University
James W. Torke, Professor of Law, University of Indiana

Note: Institutional affiliations for purposes of identification only.

Bernard J. Hibbitts is the Director of JURIST: The Law Professors' Network. He is also Professor of Law and Associate Dean for Communications & Information Technology at the University of Pittsburgh School of Law.

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JURIST invites your comments on the law professors' letter.

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JURIST: The Law Professors' Network is directed by Professor Bernard J. Hibbitts, Associate Dean for Communications & Information Technology, University of Pittsburgh School of Law, Pittsburgh, Pennsylvania, USA, in consultation with an international Advisory Board. E-mail JURIST at JURIST@law.pitt.edu.

© Bernard J. Hibbitts, 1998. All rights reserved. These pages may not be copied, reposted, or republished, in whole or in part, electronically or in print, without express written permission.

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