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[Lecture] The Role of Courts in the American Legal System

AUG . 24 2017
Title: The Role of Courts in the American Legal System
Speaker: 
US Court of Appeals Judge Merrick Garland
Location: Peking University Leo Koguan Building, Conference Room 307
Date: Thursday, August 24, 2017  
Time: 10:00 AM

Introduction:


Merrick B. Garland:

Chief Judge Garland was appointed to the United States Court of Appeals in April 1997 and became Chief Judge on February 12, 2013. He graduated summa cum laude from Harvard College in 1974 and magna cum laude from Harvard Law School in 1977. Following graduation, he served as law clerk to Judge Henry J. Friendly of the U.S. Court of Appeals for the Second Circuit and to U.S. Supreme Court Justice William J. Brennan, Jr. From 1979 to 1981, he was Special Assistant to the Attorney General of the United States. He then joined the law firm of Arnold & Porter, where he was a partner from 1985 to 1989 and from 1992 to 1993. He served as an Assistant U.S. Attorney for the District of Columbia from 1989 to 1992, and as Deputy Assistant Attorney General in the Criminal Division of the U.S. Department of Justice from 1993 to 1994. From 1994 until his appointment as U.S. Circuit Judge, he served as Principal Associate Deputy Attorney General, where his responsibilities included supervising the Oklahoma City bombing and UNABOM prosecutions. 


Chief Judge Garland has published in the Harvard Law Review and Yale Law Journal, taught at Harvard Law School, and served as President of the Board of Overseers of Harvard University. He is currently a member of the Executive Committee of the Judicial Conference of the United States.

United States Court of Appeals for the District of Columbia Circuit:

The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a discretionary basis by the Supreme Court.


While it has the smallest geographic jurisdiction of any of the United States courts of appeals, the D.C. Circuit, with eleven active judgeships, is arguably the most important inferior appellate court. The court is given the responsibility of directly reviewing the decisions and rulemaking of many federal independent agencies of the United States government based in the national capital, often without prior hearing by a district court. Aside from the agencies whose statutes explicitly direct review by the D.C. Circuit, the court typically hears cases from other agencies under the more general jurisdiction granted to the Courts of Appeals under the Administrative Procedure Act. Given the broad areas over which federal agencies have power, this often gives the judges of the D.C. Circuit a central role in affecting national U.S. policy and law. Because of this, the D.C. Circuit is often referred to as the second most powerful court in the United States, second only to the Supreme Court.


A judgeship on the D.C. Circuit is often thought of as a stepping-stone for appointment to the Supreme Court. As of February 2016, three of the nine justices on the Supreme Court are alumni of the D.C. Circuit: Chief Justice John Roberts and Associate Justices Clarence Thomas and Ruth Bader Ginsburg.

 

Edited by: Zhang Jiang PKULawGlobalProgram