Kim McLane Wardlaw
Encyclopedia
Kim McLane Wardlaw is a federal judge
on the United States Court of Appeals for the Ninth Circuit
, with chambers in Pasadena, California
.
in 1976. She received a law degree from the UCLA School of Law
in 1979, graduating fifth in her class and receiving the Order of the Coif
. She worked as a law clerk for Judge William P. Gray of the Central District of California and a legal extern for Judge Joseph Tyree Sneed III
of the Court of Appeals for the Ninth Circuit.
for the Central District of California on August 10, 1995. The Judiciary Committee
unanimously approved her nomination, and the Senate confirmed Wardlaw on December 22, 1995, by unanimous consent
.
Clinton nominated Wardlaw to the Ninth Circuit on January 27, 1998. The Judiciary Committee approved her nomination 17-1, and the Senate again confirmed her nomination by unanimous consent on July 31, 1998.
's Presidential Campaign in California during the 1991-1992 election season, and later served on the Clinton-Gore Presidential Transition Team working with the United States Department of Justice
. She was an elected delegate from the California's 27th congressional district
to the 1992 Democratic National Convention
. In 1993, Wardlaw served on the Executive Committee on Debate Preparation for the Riordan for Mayor Campaign. After volunteering for Richard Riordan
's successful campaign for Mayor of Los Angeles, she worked as his Government Liaison during the mayoral transition.
Human Life of Washington v. Brumsickle, 624 F.3d 672 (9th Cir. 2010): Held that the requirements of Washington state's Disclosure Law did not violate the First Amendment because they were substantially related to the important state interest of providing information to the electorate, and that interest was not diminished in the ballot initiative context.
Bryan v. McPherson, 590 F.3d 767 (9th Cir. 2009): Affirmed a district court’s denial of a police officer’s motion for summary judgment in a lawsuit alleging excessive force, holding that tasers are an intermediate, significant level of force that must be justified by a strong government interest compelling the use of such force.
Stormans, Inc. v. Selecky, 586 F.3d 1109 (9th Cir. 2009): Reversed a preliminary injunction enjoining enforcement of state regulations that required pharmacies to deliver lawfully prescribed FDA-approved medications.
Card v. City of Everett, 520 F.3d 1009 (9th Cir. 2008): A monument displaying the Ten Commandments on city land did not constitute an establishment of religion in violation of First Amendment.
Redding v. Safford Unified School Dist. No.1, 531 F.3d 1071 (9th Cir. 2008) (en banc), aff'd in part, 129 S.Ct. 2633 (2009): School officials violated the Fourth Amendment by strip-searching a thirteen-year-old female student for prescription-strength ibuprofen.
Hovey v. Ayers, 458 F.3d 892 (9th Cir. 2006): Reversed defendant’s capital sentence due to ineffective assistance of counsel during the sentencing phase where counsel failed to investigate and notify the testifying psychiatrist of critical mitigating facts regarding defendant’s mental health history.
Fortyune v. American Multi-Cinema, Inc., 364 F. 3d 1075 (9th Cir. 2004): Movie theaters have a responsibility under the Americans with Disabilities Act to make reasonable accommodations to ensure that wheelchair-bound patrons can sit with their companions.
Ramirez v. Castro, 365 F.3d 755 (9th Cir. 2004): Defendant’s 25-years-to-life sentence under California's “Three Strikes” law for a third shoplifting offense was grossly disproportionate to the crime committed and thus violated the Eighth Amendment.
Altmann v. Republic of Austria, et al., 327 F.3d 1246 (9th Cir. 2003): The Austrian government was subject to jurisdiction under the expropriation exception of the Foreign Sovereign Immunities Act in plaintiff’s lawsuit to recover paintings stolen from her family by the Nazis.
Washington Legal Foundation v. Legal Foundation of Washington, 271 F.3d 835 (9th Cir. 2001) (en banc): A Washington state program that applies interest earned on mandatory client trust accounts to various charitable purposes is not a compensable taking of client property within the meaning of Fifth Amendment.
Federal judge
Federal judges are judges appointed by a federal level of government as opposed to the state / provincial / local level.-Brazil:In Brazil, federal judges of first instance are chosen exclusively by public contest...
on the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
, with chambers in Pasadena, California
Pasadena, California
Pasadena is a city in Los Angeles County, California, United States. Although famous for hosting the annual Rose Bowl football game and Tournament of Roses Parade, Pasadena is the home to many scientific and cultural institutions, including the California Institute of Technology , the Jet...
.
Education and legal training
Wardlaw earned a bachelor's degree in communications, summa cum laude and Phi Beta Kappa, from UCLAUniversity of California, Los Angeles
The University of California, Los Angeles is a public research university located in the Westwood neighborhood of Los Angeles, California, USA. It was founded in 1919 as the "Southern Branch" of the University of California and is the second oldest of the ten campuses...
in 1976. She received a law degree from the UCLA School of Law
UCLA School of Law
The UCLA School of Law is the law school of the University of California, Los Angeles. It has been approved by the American Bar Association since 1950. It joined the Association of American Law Schools in 1952.- History :...
in 1979, graduating fifth in her class and receiving the 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...
. She worked as a law clerk for Judge William P. Gray of the Central District of California and a legal extern for Judge Joseph Tyree Sneed III
Joseph Tyree Sneed III
Joseph Tyree Sneed, III was a former Republican United States Deputy Attorney General and a member of the United States Court of Appeals for the Ninth Circuit for nearly 35 years until his death.-Early life:...
of the Court of Appeals for the Ninth Circuit.
Career as a lawyer
Wardlaw joined the law firm of O'Melveny & Myers in 1980 as an associate, and worked at the firm for sixteen years, the final ten as a partner in the litigation department.Federal judicial service
President Clinton nominated Wardlaw to the United States District CourtUnited States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
for the Central District of California on August 10, 1995. The Judiciary Committee
Judiciary Committee
Judiciary Committee may refer to:* United States House Committee on the Judiciary* United States Senate Committee on the Judiciary...
unanimously approved her nomination, and the Senate confirmed Wardlaw on December 22, 1995, by unanimous consent
Unanimous consent
In parliamentary procedure, unanimous consent, also known as general consent, or in the case of the parliaments under the Westminster system, leave of the house, is a situation in which no one present objects to a proposal. The chair may state, for instance: "If there is no objection, the motion...
.
Clinton nominated Wardlaw to the Ninth Circuit on January 27, 1998. The Judiciary Committee approved her nomination 17-1, and the Senate again confirmed her nomination by unanimous consent on July 31, 1998.
Political campaigning
Wardlaw volunteered for the Bill ClintonBill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
's Presidential Campaign in California during the 1991-1992 election season, and later served on the Clinton-Gore Presidential Transition Team working with the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
. She was an elected delegate from the California's 27th congressional district
California's 27th congressional district
California's 27th congressional district is a congressional district in the U.S. state of California based in Los Angeles County. The district includes a large portion of the San Fernando Valley and Burbank, as well as the communities of Northridge and Reseda in the Greater Los Angeles Area.The...
to the 1992 Democratic National Convention
Democratic National Convention
The Democratic National Convention is a series of presidential nominating conventions held every four years since 1832 by the United States Democratic Party. They have been administered by the Democratic National Committee since the 1852 national convention...
. In 1993, Wardlaw served on the Executive Committee on Debate Preparation for the Riordan for Mayor Campaign. After volunteering for Richard Riordan
Richard Riordan
Richard J. Riordan is a Republican politician from California, U.S.A. who served as the California Secretary for Education from 2003–2005 and as the 39th Mayor of Los Angeles, California from 1993–2001...
's successful campaign for Mayor of Los Angeles, she worked as his Government Liaison during the mayoral transition.
Awards
- "2010 Women of Excellence Award" by YMCA Pasadena-Foothill Valley
- "2010 La Raza Alumna of the Year Award" by UCLA La Raza Law Students Association
- "2009 Ernestine Stalhut Award" by Women Lawyers Association of Los Angeles
- "2008 Judicial Award" by Hispanic National Bar Foundation
- “2005 Maynard Toll Award for Distinguished Public Service” by Los Angeles Legal Aid Foundation
- “2004 Alumni of the Year Award for Public and Community Service” by UCLA Law School
- “2001 Professional Achievement Award” by Mexican American Bar Foundation
- "2000 Honorary Doctor of Humane Letters by Mount St. Mary's College
- "1995 Buddy Award" by National Organization for Women Legal Defense and Education Fund
- "1995 100 Most Prominent Business Attorneys in Los Angeles County” by Los Angeles Business JournalLos Angeles Business JournalThe Los Angeles Business Journal, established c. 1979, is a weekly newspaper in Los Angeles, California, which covers general business news. According to the journal's website, it has over 12,000 online subscribers, and a weekly print circulation of 30,000...
- "1993 Top 25 Lawyers Under 45" by California Law Business Journal
Publications
- Kim McLane Wardlaw, Umpires, Empathy, and Activism: Lessons from Judge Cardozo, 85 Notre Dame L. Rev. 1629 (2010)
- Kim McLane Wardlaw, Introduction, 40 Golden Gate U. L. Rev. 293 (2010)
- Contributing Author, The Encyclopedia of the American Constitution (MacMillan 1986)
- Comment, Access to State-Owned Communications Media--The Public Forum Doctrine, 26 UCLA L. Rev. 1410 (1979)
Notable Opinions
Network Automation Inc. v. Advanced Systems Concepts Inc., __ F.3d __ (9th Cir. 2011): Reversed the district court's grant of a preliminary injunction based on its improper rigid application of the "Internet trinity" factors from AMF Inc. v. Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979), to determine the likelihood of consumer source confusion in the Internet context.Human Life of Washington v. Brumsickle, 624 F.3d 672 (9th Cir. 2010): Held that the requirements of Washington state's Disclosure Law did not violate the First Amendment because they were substantially related to the important state interest of providing information to the electorate, and that interest was not diminished in the ballot initiative context.
Bryan v. McPherson, 590 F.3d 767 (9th Cir. 2009): Affirmed a district court’s denial of a police officer’s motion for summary judgment in a lawsuit alleging excessive force, holding that tasers are an intermediate, significant level of force that must be justified by a strong government interest compelling the use of such force.
Stormans, Inc. v. Selecky, 586 F.3d 1109 (9th Cir. 2009): Reversed a preliminary injunction enjoining enforcement of state regulations that required pharmacies to deliver lawfully prescribed FDA-approved medications.
Card v. City of Everett, 520 F.3d 1009 (9th Cir. 2008): A monument displaying the Ten Commandments on city land did not constitute an establishment of religion in violation of First Amendment.
Redding v. Safford Unified School Dist. No.1, 531 F.3d 1071 (9th Cir. 2008) (en banc), aff'd in part, 129 S.Ct. 2633 (2009): School officials violated the Fourth Amendment by strip-searching a thirteen-year-old female student for prescription-strength ibuprofen.
Hovey v. Ayers, 458 F.3d 892 (9th Cir. 2006): Reversed defendant’s capital sentence due to ineffective assistance of counsel during the sentencing phase where counsel failed to investigate and notify the testifying psychiatrist of critical mitigating facts regarding defendant’s mental health history.
Fortyune v. American Multi-Cinema, Inc., 364 F. 3d 1075 (9th Cir. 2004): Movie theaters have a responsibility under the Americans with Disabilities Act to make reasonable accommodations to ensure that wheelchair-bound patrons can sit with their companions.
Ramirez v. Castro, 365 F.3d 755 (9th Cir. 2004): Defendant’s 25-years-to-life sentence under California's “Three Strikes” law for a third shoplifting offense was grossly disproportionate to the crime committed and thus violated the Eighth Amendment.
Altmann v. Republic of Austria, et al., 327 F.3d 1246 (9th Cir. 2003): The Austrian government was subject to jurisdiction under the expropriation exception of the Foreign Sovereign Immunities Act in plaintiff’s lawsuit to recover paintings stolen from her family by the Nazis.
Washington Legal Foundation v. Legal Foundation of Washington, 271 F.3d 835 (9th Cir. 2001) (en banc): A Washington state program that applies interest earned on mandatory client trust accounts to various charitable purposes is not a compensable taking of client property within the meaning of Fifth Amendment.