Stephen Barnett
Encyclopedia
Stephen Roger Barnett was an American
law professor and legal scholar who campaigned against the Newspaper Preservation Act of 1970
and the effects its antitrust exemptions had on newspaper consolidation. He also criticized the California Supreme Court for practices that hid information from the public.
Barnett was born on December 25, 1935, in Brooklyn
, New York City
. He grew up in West Hartford, Connecticut
, and attended Harvard University
, from which he earned an undergraduate degree in 1957, having served as president of The Harvard Crimson
. At Harvard Law School
Barnett served as note editor of the Harvard Law Review
; he was awarded his law degree in 1962. Following his graduation, he clerked for United States Court of Appeals for the Second Circuit
Judge Henry J. Friendly and then for Justice William J. Brennan of the Supreme Court of the United States
. After a few years at the law firm of Cleary Gottlieb Steen & Hamilton, he was hired by Berkeley Law School, where he spent almost the entirety of his career until his retirement in 2003. The exception was a stint as an assistant solicitor general in the United States Department of Justice
, where Barnett argued cases before the Supreme Court from 1977 until 1979.
A leading critic of the Newspaper Preservation Act of 1970, which was intended to allow multiple newspapers in the same city to survive by forming joint operating agreements to share revenues and cut costs, Barnett argued that the unintended consequence of the legislation was the consolidation and development of large nationwide newspaper chains. These agreements often resulted in the demise of the weaker paper once the agreement was ended.
In his article The Dog That Did Not Bark, Barnett was critical of a practice called "depublication", under which the California Supreme Court can at its choice, or if requested, order that a decision by the California Court of Appeals be excluded from publication, which means that it becomes impossible to cite the decision in later legal actions, making the court less open and accountable. His criticism of the Commission on Judicial Performance in California led to a 1999 decision requiring it to disclose how each member voted in actions it takes.
Barnett at age 73 died on October 13, 2009, in Oakland, California
, of cardiac arrest
. He was survived by his wife, Karine, as well as by a son and a stepson.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
law professor and legal scholar who campaigned against the Newspaper Preservation Act of 1970
Newspaper Preservation Act of 1970
The Newspaper Preservation Act of 1970 was an Act of the United States Congress, signed by President Richard Nixon, authorizing the formation of joint operating agreements among competing newspaper operations within the same market area. It exempted newspapers from certain provisions of antitrust...
and the effects its antitrust exemptions had on newspaper consolidation. He also criticized the California Supreme Court for practices that hid information from the public.
Barnett was born on December 25, 1935, in Brooklyn
Brooklyn
Brooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...
, 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...
. He grew up in West Hartford, Connecticut
West Hartford, Connecticut
West Hartford is a town located in Hartford County, Connecticut, United States. The town was incorporated in 1854. Prior to that date, the town was a parish of Hartford....
, and attended Harvard University
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
, from which he earned an undergraduate degree in 1957, having served as president of The Harvard Crimson
The Harvard Crimson
The Harvard Crimson, the daily student newspaper of Harvard University, was founded in 1873. It is the only daily newspaper in Cambridge, Massachusetts, and is run entirely by Harvard College undergraduates...
. At Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
Barnett served as note editor of the Harvard Law Review
Harvard Law Review
The Harvard Law Review is a journal of legal scholarship published by an independent student group at Harvard Law School.-Overview:According to the 2008 Journal Citation Reports, the Review is the most cited law review and has the second-highest impact factor in the category "law" after the...
; he was awarded his law degree in 1962. Following his graduation, he clerked for 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...
Judge Henry J. Friendly and then for Justice William J. Brennan of 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...
. After a few years at the law firm of Cleary Gottlieb Steen & Hamilton, he was hired by Berkeley Law School, where he spent almost the entirety of his career until his retirement in 2003. The exception was a stint as an assistant solicitor general in 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...
, where Barnett argued cases before the Supreme Court from 1977 until 1979.
A leading critic of the Newspaper Preservation Act of 1970, which was intended to allow multiple newspapers in the same city to survive by forming joint operating agreements to share revenues and cut costs, Barnett argued that the unintended consequence of the legislation was the consolidation and development of large nationwide newspaper chains. These agreements often resulted in the demise of the weaker paper once the agreement was ended.
In his article The Dog That Did Not Bark, Barnett was critical of a practice called "depublication", under which the California Supreme Court can at its choice, or if requested, order that a decision by the California Court of Appeals be excluded from publication, which means that it becomes impossible to cite the decision in later legal actions, making the court less open and accountable. His criticism of the Commission on Judicial Performance in California led to a 1999 decision requiring it to disclose how each member voted in actions it takes.
Barnett at age 73 died on October 13, 2009, in Oakland, California
Oakland, California
Oakland is a major West Coast port city on San Francisco Bay in the U.S. state of California. It is the eighth-largest city in the state with a 2010 population of 390,724...
, of cardiac arrest
Cardiac arrest
Cardiac arrest, is the cessation of normal circulation of the blood due to failure of the heart to contract effectively...
. He was survived by his wife, Karine, as well as by a son and a stepson.