Hans A. Linde
Encyclopedia
Hans Arthur Linde, is a German American
attorney and former jurist in Oregon
. Born in Germany
, he also lived with his family in Denmark
before immigrating to Portland, Oregon
. After serving in the United States Army
during World War II
he graduated from college and law school
. Linde then worked for Supreme Court Justice William O. Douglas
, the United States Department of State
, and as a law professor at the University of Oregon School of Law
before appointment to the Oregon Supreme Court
. He served on the court from 1977 to 1990 and is now a distinguished scholar in residence at Willamette University College of Law
in Salem
. He now lives in Portland, Oregon.
, 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(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 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
, 1955-1958. 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 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. His term expired on December 3, 1990.
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 is an emeritus member of the Council of the American Law Institute
and a fellow of the American Academy of Arts and Sciences
.
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))
German American
German Americans are citizens of the United States of German ancestry and comprise about 51 million people, or 17% of the U.S. population, the country's largest self-reported ancestral group...
attorney and former jurist in Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
. Born in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, he also lived with his family in Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
before immigrating to Portland, Oregon
Portland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...
. After serving in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
he graduated from college and law school
Law school
A law school is an institution specializing in legal education.- Law degrees :- Canada :...
. Linde then worked for Supreme Court Justice William O. Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...
, the United States Department of State
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
, and as a law professor at the University of Oregon School of Law
University of Oregon School of Law
The University of Oregon School of Law is a public law school in the U.S. state of Oregon. Housed in the Knight Law Center, it is Oregon's only state funded law school. The school, founded in 1884, is located on the University of Oregon campus in Eugene, on the corner of 15th and Agate streets,...
before appointment to the Oregon Supreme Court
Oregon Supreme Court
The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...
. He served on the court from 1977 to 1990 and is now a distinguished scholar in residence at Willamette University College of Law
Willamette University College of Law
Willamette University College of Law is a private law school located in Salem, Oregon, United States. Founded in 1842, Willamette University is the oldest university in the Western United States...
in Salem
Salem, Oregon
Salem is the capital of the U.S. state of Oregon, and the county seat of Marion County. It is located in the center of the Willamette Valley alongside the Willamette River, which runs north through the city. The river forms the boundary between Marion and Polk counties, and the city neighborhood...
. He now lives in Portland, Oregon.
Career
Linde was born on April 15, 1924 in BerlinBerlin
Berlin is the capital city of Germany and is one of the 16 states of Germany. With a population of 3.45 million people, Berlin is Germany's largest city. It is the second most populous city proper and the seventh most populous urban area in the European Union...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, 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(1960).
Hans Linde was schooled in Copenhagen
Copenhagen
Copenhagen is the capital and largest city of Denmark, with an urban population of 1,199,224 and a metropolitan population of 1,930,260 . With the completion of the transnational Øresund Bridge in 2000, Copenhagen has become the centre of the increasingly integrating Øresund Region...
, Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
(from 1933 to 1939); his family then moved to Portland
Portland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...
, Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
. He earned a B.A. from Reed College
Reed College
Reed College is a private, independent, liberal arts college located in southeast Portland, Oregon. Founded in 1908, Reed is a residential college with a campus located in Portland's Eastmoreland neighborhood, featuring architecture based on the Tudor-Gothic style, and a forested canyon wilderness...
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
Order of the Coif
The Order of the Coif is an honor society for United States law school graduates. A student at an American law school who earns a Juris Doctor degree and graduates in the top 10 percent of his or her class is eligible for membership if the student's law school has a chapter of the...
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
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...
, 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
Richard L. Neuberger
Richard Lewis Neuberger was a U.S. journalist, author, and politician during the middle of the 20th century. A native of Oregon, he would write for The New York Times before and after a stint in the United States Army during World War II...
, 1955-1958. Linde was Associate Professor and Professor of Law at the University of Oregon
University of Oregon
-Colleges and schools:The University of Oregon is organized into eight schools and colleges—six professional schools and colleges, an Arts and Sciences College and an Honors College.- School of Architecture and Allied Arts :...
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
Freiburg
Freiburg im Breisgau is a city in Baden-Württemberg, Germany. In the extreme south-west of the country, it straddles the Dreisam river, at the foot of the Schlossberg. Historically, the city has acted as the hub of the Breisgau region on the western edge of the Black Forest in the Upper Rhine Plain...
and Hamburg
Hamburg
-History:The first historic name for the city was, according to Claudius Ptolemy's reports, Treva.But the city takes its modern name, Hamburg, from the first permanent building on the site, a castle whose construction was ordered by the Emperor Charlemagne in AD 808...
, 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
Oregon Supreme Court
The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...
from 1977 to 1990. He was appointed by Governor Robert W. Straub
Robert W. Straub
Robert William "Bob" Straub , was an American politician and businessman in the state of Oregon. A native of California, he settled in Eugene, Oregon, where he entered politics. A Democratic politician, he served in the Oregon State Senate, as the Oregon State Treasurer, and one term as the 31st...
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 also served on the Oregon Law Commission until 2009. He is an emeritus member of the Council of the American Law Institute
American Law Institute
The American Law Institute was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law, Principles of the Law, model codes, and other proposals for law...
and a fellow of the American Academy of Arts and Sciences
American Academy of Arts and Sciences
The American Academy of Arts and Sciences is an independent policy research center that conducts multidisciplinary studies of complex and emerging problems. The Academy’s elected members are leaders in the academic disciplines, the arts, business, and public affairs.James Bowdoin, John Adams, and...
.
Selected Judicial 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)
- Anderson v. Fisher Broadcasting, 300 Or. 452, 712 .2d 803 (1986) (invasion of privacy & press freedom)
- 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)
- Humphers 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)
Selected Scholarly Publications, etc.
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))