Hans A. Linde bigraphy, stories - American judge

Hans A. Linde : biography

April 15, 1924 -

Hans Arthur Linde, (born April 15, 1924) 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.

Career

Linde was born on April 15, 1924 in Berlin, 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 (1951) (Douglas, J., dissenting) and Feiner v. New York. (1951) (Douglas, J., dissenting) 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.

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)
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