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Laurence Tribe: Architect of Constitutional Discourse

A comprehensive examination of a distinguished legal scholar's profound influence on United States constitutional law.

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About Laurence Tribe

Leading Constitutional Scholar

Laurence Henry Tribe (born October 10, 1941) is a preeminent American legal scholar renowned for his extensive work on United States constitutional law. For over five decades, he served as a distinguished professor at Harvard Law School, retiring in 2020. He currently holds the esteemed position of Carl M. Loeb University Professor Emeritus.

Academic Foundation

Tribe's academic journey began at Harvard University, where he pursued mathematics, graduating summa cum laude in 1962. He later earned his Juris Doctor from Harvard Law School in 1966, graduating magna cum laude. His influences include notable legal thinkers such as Mathew Tobriner, Potter Stewart, and John Hart Ely.

Scholarly Contributions

A co-founder of the liberal American Constitution Society, Tribe is the author of the seminal treatise American Constitutional Law (first published 1978). His prolific career includes arguing 36 cases before the United States Supreme Court, solidifying his reputation as a formidable advocate and scholar in constitutional jurisprudence.

Personal Life and Education

Early Life and Immigration

Born in Shanghai in 1941, Tribe's family, of Jewish heritage, immigrated to the United States when he was six years old. His father hailed from Poland, and his mother was born in Harbin. The family settled in San Francisco, where Laurence attended Abraham Lincoln High School.

Academic Excellence

Tribe entered Harvard University at 16, excelling in mathematics and contributing to the Harvard Debate Team's national championship win in 1961. After a brief stint in mathematics doctoral studies, he transitioned to Harvard Law School, graduating with honors and participating in the Harvard Legal Aid Bureau.

Personal Life

He married Carolyn Ricarda Kreye in 1964, with whom he had two children, Mark and Kerry, both visual artists. The couple divorced in 2008. Tribe was also awarded an honorary Doctor of Letters degree by Columbia University in 2013.

Distinguished Career

Judicial Clerkships and Academia

Following his legal education, Tribe served as a law clerk for Justice Mathew Tobriner of the California Supreme Court and later for Justice Potter Stewart of the U.S. Supreme Court. He joined the Harvard Law School faculty in 1968, earning tenure in 1972. His notable students and research assistants include prominent figures such as Barack Obama, John Roberts, Ted Cruz, Merrick Garland, and Elena Kagan.

Landmark Publications

Tribe's influential treatise, American Constitutional Law, first published in 1978, has been regularly updated and remains a cornerstone text in the field. His other significant works include God Save This Honorable Court (1985), Constitutional Choices (1985), and The Invisible Constitution (2008).

Public Advocacy and Controversy

Tribe has been a vocal participant in significant legal and political debates. He represented Sun Myung Moon, challenged state laws in cases like Larkin v. Grendel's Den, and argued for the National Gay Task Force in Bowers v. Hardwick. His testimony during the Robert Bork Supreme Court hearings raised his public profile. He also advised the Gore campaign in the 2000 election and has represented various corporations. Tribe has faced criticism for promoting conspiracy theories and for instances of academic plagiarism early in his career, which he acknowledged and addressed.

Notable Cases

Supreme Court Arguments

Laurence Tribe has argued a significant number of cases before the U.S. Supreme Court, demonstrating his extensive experience in constitutional litigation. His arguments span critical areas of law, shaping legal precedent.

A selection of cases argued by Laurence Tribe before the U.S. Supreme Court:

  • Richmond Newspapers v. Virginia (1980)
  • Heffron v. International Society for Krishna Consciousness (1981)
  • Crawford v. Board of Education (1982)
  • Larkin v. Grendel’s Den, Inc. (1982)
  • White v. Massachusetts Council (1983)
  • Pacific Gas & Electric v. California (1983)
  • Hawaii Housing Auth. v. Midkiff (1984)
  • Northeast Bancorp v. Fed. Reserve (1985)
  • National Gay Task Force v. Board of Education (1985)
  • Fisher v. City of Berkeley (1986)
  • Bowers v. Hardwick (1986)
  • Pennzoil v. Texaco (1986)
  • Schweiker v. Chilicky (1988)
  • Granfinanciera v. Nordberg (1989)
  • Sable Communications v. FCC (1989)
  • Adams Fruit v. Barrett (1990)
  • Rust v. Sullivan (1991)
  • Cipollone v. Liggett (1992)
  • TXO v. Alliance Resources (1993)
  • Honda Motor Co. v. Oberg (1994)
  • U.S. v. Chesapeake & Potomac Telephone (1996)
  • Timmons v. Twin Cities Area New Party (1997)
  • Vacco v. Quill (1997)
  • Amchem Products v. Windsor (1997)
  • Baker v. General Motors (1998)
  • AT&T v. Iowa Utilities Board (1999)
  • Ortiz v. Fibreboard (1999)
  • Bush v. Palm Beach County Canvassing Board (2000)
  • New York Times Co. v. Tasini (2001)
  • U.S. v. United Foods (2001)
  • FCC v. NextWave (2002)
  • State Farm v. Campbell (2003)
  • Nike v. Kasky (2003)
  • Johanns v. Livestock Marketing Association (2005)

Circuit Court Arguments

Beyond the Supreme Court, Tribe has also represented clients in numerous cases before the U.S. Circuit Courts of Appeals, contributing to the development of federal law.

A selection of cases argued by Laurence Tribe before U.S. Circuit Courts:

  • Worldwide Church of God v. California (9th Cir., 1980)
  • Grendel's Den v. Goodwin (1st Cir., 1981)
  • Pacific Legal Foundation v. State Energy Resources (9th Cir., 1981)
  • United States v. Sun Myung Moon (2nd Cir., 1983)
  • Romany v. Colegio de Abogados (1st Cir., 1984)
  • Westmoreland v. CBS (2nd Cir., 1984)
  • Colombrito v. Kelly (2nd Cir., 1985)
  • Texaco v. Pennzoil (2nd Cir., 1986)
  • U.S. v. Bank of New England (1st Cir., 1987)
  • U.S. v. Gallo (2nd Cir., 1988)
  • U.S. v. GAF Corporation (2nd Cir., 1989)
  • U.S. v. Western Electric Company (D.C. Cir., 1990)
  • Fineman v. Armstrong World Industries (D.C. Cir., 1992)
  • U.S. v. Western Electric Company (D.C. Cir., 1993)
  • Lightning Lube v. Witco Corporation (3rd Cir., 1993)
  • Hopkins v. Dow Corning Corporation (9th Cir., 1994)
  • Chesapeake and Potomac Telephone v. U.S. (4th Cir., 1994)
  • Georgine v. Amchem Products, Inc. (3rd Cir., 1996)
  • BellSouth Corp. v. F.C.C. (D.C. Cir., 1998)
  • SBC Communications v. F.C.C. (5th Cir., 1998)
  • City of Dallas v. F.C.C. (5th Cir., 1999)
  • U.S. West v. Tristani (10th Cir., 1999)
  • U.S. West v. F.C.C. (10th Cir., 1999)
  • Southwest Voter Registration v. Shelley (9th Cir., 2003)
  • Pacific Gas and Elec. v. California (9th Cir., 2003)
  • General Electric v. E.P.A. (D.C. Cir., 2004)

Key Works

Books

Tribe's extensive bibliography includes foundational texts and influential analyses of constitutional law and related topics.

  • Technology: Processes of Assessment and Choice (1969)
  • Environmental Protection (1971; co-author)
  • Channeling Technology Through Law (1973)
  • The American Presidency: Its Constitutional Structure (1974)
  • American Constitutional Law (Treatise, multiple editions 1978-2000)
  • The Supreme Court: Trends and Developments (Series, 1979-1983)
  • God Save This Honorable Court: How the Choice of Supreme Court Justices Shapes Our History (1985)
  • Constitutional Choices (1985)
  • Abortion: The Clash of Absolutes (1990)
  • On Reading the Constitution (1991; co-author)
  • The Invisible Constitution (2008)
  • Uncertain Justice: The Roberts Court and the Constitution (2014; co-author)
  • To End a Presidency: The Power of Impeachment (2018; co-author)

Articles and Essays

His scholarly articles, published in leading law reviews, delve into complex legal issues, offering critical analysis and theoretical frameworks.

  • "An Ounce of Detention: Preventive Justice in the World of John Mitchell" (1970)
  • "Trial by Mathematics: Precision and Ritual in the Legal Process" (1971)
  • "Technology Assessment and the Fourth Discontinuity: The Limits of Instrumental Rationality" (1973)
  • "The Supreme Court, 1972 Term — Foreword: Toward a Model of Roles in the Due Process of Life and Law" (1973)
  • "Triangulating Hearsay" (1974)
  • "Ways Not to Think About Plastic Trees: New Foundations for Environmental Law" (1974)
  • "Structural Due Process" (1975)
  • "Intergovernmental Federalism in Litigation, Taxation, and Regulation: Separation of Powers Issues in Controversies about Federalism" (1976)
  • "Unraveling National League of Cities: The New Federalism and Affirmative Rights to Essential Government Services" (1977)
  • "The Puzzling Persistence of Process-Based Constitutional Theories" (1980)
  • "Constitutional Calculus: Equal Justice or Economic Efficiency?" (1985)
  • "The Curvature of Constitutional Space: What Lawyers Can Learn from Modern Physics" (1989)
  • "Levels of Generality in the Definition of Rights" (1990; co-author)
  • "Taking Text and Structure Seriously: Reflections on Free-Form Method in Constitutional Interpretation" (1995)
  • "Lawrence v. Texas: The 'Fundamental Right' That Dare Not Speak Its Name" (2004)

Bibliography

Scholarly References

Tribe's work is extensively cited and referenced in legal scholarship. Below are notable entries from his bibliography and related works.

  • Schneps, Leila, and Coralie Colmez. Math on Trial: How Numbers Get Used and Abused in the Courtroom. Basic Books, 2013. (Chapter 2 discusses Tribe's work).

Additionally, numerous academic journals and legal publications feature articles by Laurence Tribe, including the Harvard Law Review, Yale Law Journal, and Virginia Law Review, covering diverse topics from constitutional theory to legal process and technology assessment.

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References

References

  1.  https://www.newyorker.com/magazine/1996/07/08/supreme-sacrifice
A full list of references for this article are available at the Laurence Tribe Wikipedia page

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