Hans A. Linde
Hans Arthur Linde (April 15, 1924 – August 31, 2020) was a German Jewish American legal scholar and Oregon Supreme Court justice. Born in Berlin, Germany, Justice Linde relocated with his family to Denmark in 1933, and then immigrated to Portland, Oregon, in 1939. After serving in the United States Army during World War II, he received a B.A. from Reed College in 1947 and a J.D. at UC Berkeley School of Law in 1950. Linde served as law clerk to U.S. Supreme Court Justice William O. Douglas (1950–51), as attorney in the Office of the Legal Adviser  to the United States Department of State (1951–53), and as legislative assistant to Oregon Sen. Richard L. Neuberger (1955–58). Linde was Associate Professor and Professor of Law at the University of Oregon School of Law in 1954 and 1959–76 and was a visiting professor at University of California, Berkeley, University of California, Los Angeles, Stanford University, New York University, and University of Texas at Austin, and a Fulbright lecturer in Freiburg and Hamburg, as well as at Willamette University College of Law in Salem. He served on the Oregon Supreme Court from 1977 to 1990. Life and career. Linde was  born on April 15, 1924 in Berlin, Germany, to Bruno Cohn Linde, attorney and arbitrator, and Luise Linde (née Rosenheim). The Linde family was Jewish. Linde married Helen Tucker on August 13, 1945. They are the parents of Lisa (1955) and David Linde (1960). Hans Linde attended school in Berlin, Germany and Copenhagen, Denmark until his family moved to Portland, Oregon in 1939. He attended Lincoln High School in Portland, and earned a B.A. from Reed College in 1947, after army service in World War II, and a J.D. from UC Berkeley School of Law 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 clerk for Supreme Court Justice William O. Douglas (1950–51), during which time the Court handed down "Dennis v. United States" and "Feiner v. New York". 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 (1955–58). 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 100 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. He retired from the court on January 31, 1990 and taught at Arizona State University Law School post-retirement. He was a member of Oregon's Commission on Constitutional Revision in 1961–63, and also served on the Oregon Law Commission until 2009. He was an emeritus member of the Council of the American Law Institute and a fellow of the American Academy of Arts and Sciences. A compilation of his writings from 1947 to 1992 is  set out in 70 "Oregon Law Review" xv-xix (1991). In 2017, Justice Linde was named Legal Citizen of the Year by the Classroom Law Project. Linde died in Portland, Oregon, on August 31, 2020, at the age of 96. See also Ronald Collins, Jennifer Friesen & Rex Armstrong, "No better champion of the law," "The Register Guard" (Sept. 28, 2020) (3 former Linde law clerks) Selected 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, "Constitutional Law: 1959 Oregon Survey," 39 Oregon Law Review 138 (1960) Linde, "A Republic if You Can keep It," 16 "Hastings Constitutional Law Quarterly" 295 (1989) Linde, "Replacing a President: Rx for a 21st Century Watergate," 43 "George Washington Law Review" 384 (1975) Linde, "Campus Law: Berkeley Viewed From Eugene," 54 "California Law Review" 40 (1966) Linde, "Are State Constitutions Common Law?," 34 "Arizona Law Review" 215 (1992) Linde, "The State and the Federal Courts in Governance: "Vive la Difference"!," 46 "William & Mary Law Review" 1273 (2005) Linde, "Who Is Responsible for Republican Government?," 65 "University of Colorado Law  Review" 709 (1994). 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 "UCLA Law Review" 174 (1969) Linde, "The Press and Rights," "New York Times", April 27, 1979 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, Book Review, 81 "Harvard Law Review" 922 (1968) (review of "Diplomats, Scientists, and Politicians" by Harold Jacobson and Eric Stein) 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) Linde, two chapters in R.J. Barnet and R.A. Falk, editors, "Security in Disarmament" (1965) Linde, "Structures and Terms of Consent: Delegation, Discretion, Separation of Powers, Representation, Participation, Accountability?," 20 Cardozo Law Review 823 (1999) Linde, "What Is a Constitution, What is Not, and Why Does it Matter ?," 87 Oregon Law Review 717 (2008) Linde, "The Inadequacy of Impeachment," in Donald L. Robinson, editor, "Reforming American Government" (1985), pp. 209–214 Linde & David B. Frohnmayer, "Prescription for the Citizen Legislature: Cutting the Gordian Knot," 56 Oregon Law Review 3 (1977) David B. Frohnmayer & Hans A. Linde, "State Court Responsibility for Maintaining 'Republican Government': An Amicus Curiae Brief," 39 Willamette Law Review1487 (2003) (brief of Linde and Frohnmayer as Amici Curiae in Support of the Petition for Certiorari, cert. denied, Sawyer v. Or. ex rel. Huddleston, 118 S. Ct. 557 (1997)) 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) References. Further reading. Ronald K.L. Collins, "Hans Linde: And So He Stands Among the Last of the Great State Judges," in Todd Peppers, ed., Of Courtiers and Princes: Stories of Lower Court Clerks and Their Judges (University of Virginia Press, 2020) Robert F. Nagel, editor, "Intellect and Craft: The Contributions of  Hans A. Linde to American Constitutionalism" (Westview Press, 1995) Wayne V. McIntosh and Cynthia L. Cates, "Judicial Entrepreneurship: The Role of the Judge in the Marketplace of Ideas" (1997), pp. 67–90 ("Hans Linde: Interstate Trade in Legal Ideas") "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 Heather Davis, "Tribute to Justice Hans A. Linde," 64 Albany Law Review 1137 (2001) Wayne V. McIntosh and Cynthia L. Cates, "The Power of Judicial Ideas: A Tribute to Justice Hans Linde," 64 Albany Law Review 1147 (2001) Dave Frohnmayer, "Foreword, Hans Linde: Architect of Democratic Institutions," 70 Texas Law Review (1991) 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 Enough," 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 James Granelli, "Making a Case for the States: Oregon's Linde Turns Civil Rights into a Local Issue," The National Journal, July 13, 1981, p. 1 Jeffrey Toobin, "Better than Burger: States' Rights Even a Liberal Can Love," The New Republic, March 4, 1985, p. 10 "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) John. R. Vile, editor, "Great American Judges: An Encyclopedia", vol. II, p. 470 (2003) (entry re Linde)