Henry Frederick Werker
Encyclopedia
Henry Frederick Werker was an American
lawyer
and a judge
of the United States District Court for the Southern District of New York
.
Born in Glendale, New York, Werker attended New York University
as an undergraduate and obtained a law degree from the New York University School of Law
, graduating in 1946. During World War II
, Werker served with the United States Naval Reserve, from which he retired as a lieutenant commander in 1958.
Upon graduating from law school, Werker entered private practice in New York City
. Several years later, Werker moved his practice upstate to Greenville, New York
and then to Catskill, New York
. From 1967 to 1969, he served as a social services attorney and assistant county attorney for Greene County
.
Werker began his judicial career when he was elected in 1968 to serve concurrently as the County Court Judge, Surrogate, and Family Court Judge of Greene County. He served in these capacities from 1969 to 1974.
In 1974, President
Richard M. Nixon nominated Werker to serve as a United States District Judge for the Southern District of New York. Werker's nomination was confirmed by the United States Senate
. He was sworn in in July 1974.
Prominent decisions by Judge Werker included a 1981 ruling rejecting a petition by a National Labor Relations Board
representative seeking a ruling that Major League Baseball
owners had committed an unfair labor practice
. If granted, the petition would have prevented the Major League Baseball Players Association
from going on strike. Although Judge Werker's opinion ended by urging both sides to "PLAY BALL!", the decision was followed by a two-month work stoppage.
In intellectual property
matters, Werker authored an opinion concerning contractual rights to produce films and television programs based on the character Hopalong Cassidy
, and presided over a hearing in which heirs to the estate of Edgar Rice Burroughs
, the creator of Tarzan
, sought to enjoin release of Tarzan, the Ape Man, the 1981 motion picture based on the character, unless certain revealing footage of Bo Derek
was cut.
In 1977, Judge Werker presided over the criminal trial of Leroy "Nicky" Barnes and many codefendants, eventually sentencing Barnes to life in prison. In that case, Judge Werker was the first judge to select an anonymous jury, a procedure that has become common in cases where there is a risk that the jury will be threatened or otherwise compromised.
In constitutional litigation, Werker was the trial judge in Fullilove v. Klutznick
, a case that challenged the constitutionality of the 10% minority set-aside for federal construction contracts. Werker's ruling upholding the set-asides was affirmed by the United States Court of Appeals for the Second Circuit
and the Supreme Court of the United States
, although subsequent decisions have undermined the authority of the decision. Werker was one of the judges who adjudicated disputes concerning the validity of the 1980 United States Census. In 1983, Werker enjoined the enforcement of a rule proposed by the Reagan
administration that would have required birth control
clinics to advise parents when their minor children were prescribed contraceptives.
Werker died of cancer
on May 10, 1984, at the age of 64.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
of the United States District Court for the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
.
Born in Glendale, New York, Werker attended New York University
New York University
New York University is a private, nonsectarian research university based in New York City. NYU's main campus is situated in the Greenwich Village section of Manhattan...
as an undergraduate and obtained a law degree from the New York University School of Law
New York University School of Law
The New York University School of Law is the law school of New York University. Established in 1835, the school offers the J.D., LL.M., and J.S.D. degrees in law, and is located in Greenwich Village, in the New York City borough of Manhattan....
, graduating in 1946. 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...
, Werker served with the United States Naval Reserve, from which he retired as a lieutenant commander in 1958.
Upon graduating from law school, Werker entered private practice in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
. Several years later, Werker moved his practice upstate to Greenville, New York
Greenville, New York
Greenville is the name of some places in the U.S. state of New York:*Greenville, Orange County, New York*Greenville, Westchester County, New York*Greenville , New York, in Greene County**Greenville , New York, in the center of that town...
and then to Catskill, New York
Catskill (town), New York
Catskill is a town in the southeast part of Greene County, New York, United States. The population was 11,775 at the 2010 census. The western part of the town is in the Catskill Park....
. From 1967 to 1969, he served as a social services attorney and assistant county attorney for Greene County
Greene County, New York
Greene County is a county located in the U.S. state of New York. Its name is in honor of the American Revolutionary War general Nathanael Greene. Its county seat is Catskill...
.
Werker began his judicial career when he was elected in 1968 to serve concurrently as the County Court Judge, Surrogate, and Family Court Judge of Greene County. He served in these capacities from 1969 to 1974.
In 1974, President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Richard M. Nixon nominated Werker to serve as a United States District Judge for the Southern District of New York. Werker's nomination was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
. He was sworn in in July 1974.
Prominent decisions by Judge Werker included a 1981 ruling rejecting a petition by a National Labor Relations Board
National Labor Relations Board
The National Labor Relations Board is an independent agency of the United States government charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices. Unfair labor practices may involve union-related situations or instances of...
representative seeking a ruling that Major League Baseball
Major League Baseball
Major League Baseball is the highest level of professional baseball in the United States and Canada, consisting of teams that play in the National League and the American League...
owners had committed an unfair labor practice
Unfair labor practice
In United States labor law, the term unfair labor practice refers to certain actions taken by employers or unions that violate the National Labor Relations Act and other legislation...
. If granted, the petition would have prevented the Major League Baseball Players Association
Major League Baseball Players Association
The Major League Baseball Players Association is the union of professional major-league baseball players.-History of MLBPA:The MLBPA was not the first attempt to unionize baseball players...
from going on strike. Although Judge Werker's opinion ended by urging both sides to "PLAY BALL!", the decision was followed by a two-month work stoppage.
In intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
matters, Werker authored an opinion concerning contractual rights to produce films and television programs based on the character Hopalong Cassidy
Hopalong Cassidy
Hopalong Cassidy is a fictional cowboy hero created in 1904 by the author Clarence E. Mulford, who wrote a series of popular short stories and twenty-eight novels based on the character....
, and presided over a hearing in which heirs to the estate of Edgar Rice Burroughs
Edgar Rice Burroughs
Edgar Rice Burroughs was an American author, best known for his creation of the jungle hero Tarzan and the heroic Mars adventurer John Carter, although he produced works in many genres.-Biography:...
, the creator of Tarzan
Tarzan
Tarzan is a fictional character, an archetypal feral child raised in the African jungles by the Mangani "great apes"; he later experiences civilization only to largely reject it and return to the wild as a heroic adventurer...
, sought to enjoin release of Tarzan, the Ape Man, the 1981 motion picture based on the character, unless certain revealing footage of Bo Derek
Bo Derek
Mary Cathleen Collins , better known as Bo Derek, is an American film and television actress, model, and sex symbol, known for her role as Jenny Hanley in the 1979 comedy film 10. However, Derek's film career soon faltered; her later films, including, Bolero and Ghosts Can't Do It , were poorly...
was cut.
In 1977, Judge Werker presided over the criminal trial of Leroy "Nicky" Barnes and many codefendants, eventually sentencing Barnes to life in prison. In that case, Judge Werker was the first judge to select an anonymous jury, a procedure that has become common in cases where there is a risk that the jury will be threatened or otherwise compromised.
In constitutional litigation, Werker was the trial judge in Fullilove v. Klutznick
Fullilove v. Klutznick
Fullilove v. Klutznick, 448 U.S. 448 , was a case in which the United States Supreme Court held that the U.S. Congress could constitutionally use its spending power to remedy past discrimination...
, a case that challenged the constitutionality of the 10% minority set-aside for federal construction contracts. Werker's ruling upholding the set-asides was affirmed by the United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
and the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, although subsequent decisions have undermined the authority of the decision. Werker was one of the judges who adjudicated disputes concerning the validity of the 1980 United States Census. In 1983, Werker enjoined the enforcement of a rule proposed by the Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
administration that would have required birth control
Birth control
Birth control is an umbrella term for several techniques and methods used to prevent fertilization or to interrupt pregnancy at various stages. Birth control techniques and methods include contraception , contragestion and abortion...
clinics to advise parents when their minor children were prescribed contraceptives.
Werker died of cancer
Cancer
Cancer , known medically as a malignant neoplasm, is a large group of different diseases, all involving unregulated cell growth. In cancer, cells divide and grow uncontrollably, forming malignant tumors, and invade nearby parts of the body. The cancer may also spread to more distant parts of the...
on May 10, 1984, at the age of 64.