Burt Neuborne
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Burt Neuborne (born January 1, 1941) is an American lawyer, who is the Norman Dorsen Professor of Civil Liberties at
New York University School of Law The New York University School of Law (NYU Law) is the law school of New York University, a private research university in New York City. Established in 1835, it was the first law school established in New York City and is the oldest survivin ...
and the founding legal director of the Brennan Center for Justice.


Early life and education

Neuborne was born on January 1, 1941, in
the Bronx The Bronx ( ) is the northernmost of the five Boroughs of New York City, boroughs of New York City, coextensive with Bronx County, in the U.S. state of New York (state), New York. It shares a land border with Westchester County, New York, West ...
, New York, and raised in Greenpoint, Brooklyn in a Jewish family. His father, a tailor, was a member of the Navy's
Underwater Demolition Team The Underwater Demolition Team (UDT), or frogmen, were amphibious units created by the United States Navy during World War II with specialized missions. They were predecessors of the Navy's current United States Navy SEAL, SEAL teams. Their pri ...
("frogmen") during World War II and was early to land on Omaha Beach in during
D-Day The Normandy landings were the landing operations and associated airborne operations on 6 June 1944 of the Allied invasion of Normandy in Operation Overlord during the Second World War. Codenamed Operation Neptune and often referred to as ...
. Neuborne graduated from
Cornell University Cornell University is a Private university, private Ivy League research university based in Ithaca, New York, United States. The university was co-founded by American philanthropist Ezra Cornell and historian and educator Andrew Dickson W ...
in 1961 and
Harvard Law School Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
in 1964. While at Cornell he was a classmate of Michael Schwerner. Neuborne volunteered for the Army Reserve and served from 1961 to 1967.


Career

Neuborne served as national legal director of the
American Civil Liberties Union The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million. T ...
from 1981 to 1986, special counsel to the NOW Legal Defense and Education Fund from 1990 to 1996, and as a member of the New York City Human Rights Commission from 1988 to 1992. From 1995 to 2007, he directed the legal program of the Brennan Center for Justice. Neuborne has been called a defender of unpopular causes.Getting His Due
Joel Siegel, New York Magazine, October 9, 2006.
He defended Air Force pilots who refused to bomb
Cambodia Cambodia, officially the Kingdom of Cambodia, is a country in Southeast Asia on the Mainland Southeast Asia, Indochinese Peninsula. It is bordered by Thailand to the northwest, Laos to the north, and Vietnam to the east, and has a coastline ...
in the
Vietnam War The Vietnam War (1 November 1955 – 30 April 1975) was an armed conflict in Vietnam, Laos, and Cambodia fought between North Vietnam (Democratic Republic of Vietnam) and South Vietnam (Republic of Vietnam) and their allies. North Vietnam w ...
, securing a temporary injunction from a district court judge against the bombing. Neuborne also represented the
Socialist Labor Party The Socialist Labor Party (SLP)"The name of this organization shall be Socialist Labor Party". Art. I, Sec. 1 of thadopted at the Eleventh National Convention (New York, July 1904; amended at the National Conventions 1908, 1912, 1916, 1920, 192 ...
's effort to be on the ballot, and legal-aid lawyers suing the government. He has also testified before Congress on behalf of the tobacco industry.
Tobacco Issues (Part 1): Hearings Before the Subcommittee on Transportation and Hazardous Materials of the Committee on Energy and Commerce House of Representatives, 100th Cong., 1st Sess. 1989, at 463

Advertising of Tobacco Products: Hearings Before the Subcommittee on Health and the Environment of the Committee on Energy and Commerce House of Representatives, 99th Cong., 2d Sess. 1987, at 386.


Holocaust Reparations Case

After the death of his daughter, Lauren, Neuborne fell into a depression. He was introduced to the plaintiffs of a massive Holocaust Reparations case and in 1998 Neuborne won a $1.25 billion settlement for Jewish Holocaust survivors in a lawsuit against Swiss banks who helped the
Nazis Nazism (), formally named National Socialism (NS; , ), is the far-right politics, far-right Totalitarianism, totalitarian socio-political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in Germany. During H ...
steal money from Jewish victims.Holocaust Survivors Angry Over NYU Law Professor Burt Neuborne’s Fees
Peter Lattman,
The Wall Street Journal ''The Wall Street Journal'' (''WSJ''), also referred to simply as the ''Journal,'' is an American newspaper based in New York City. The newspaper provides extensive coverage of news, especially business and finance. It operates on a subscriptio ...
Law blog, February 27, 2006
After undertaking the initial litigation
pro bono ( English: 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. The term traditionally referred to provision of legal services by legal professionals for people who a ...
, Neuborne gave notice that he intended to be paid for his work on the settlement. He applied for $4.1 million in fees for "8,000 hours over the past seven years" of work he did in the settlement against the banks. Some Holocaust survivor organizations in the United States filed an objection to Neuborne's claim. The editorial board of ''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' admonished Neuborne, stating, "The dollar amounts are troubling and so are the slipshod hourly records that Mr. Neuborne submitted," and criticizing his $700 hourly rate as "unseemly" and more suited to corporate clients.Billing Holocaust Victims
''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'', June 29, 2006.
The ''Times'' also criticized the survivors for expecting "arduous, complicated legal work without pay." When asked about the controversy, Neuborne said, "At the end of my career, to have to listen to people say, 'You lied to us, you cheated, you did this to us!'...it hurts, especially since they are survivors." Neuborne was acquitted by professional review boards and judges involved in the case itself. According to Neuborne, he never intended to donate the time he spent administering the case settlement and, indeed, pursuant to his other responsibilities, could not have.Burt Neuborne, Class Discussion, "Procedure," Fall 2006, NYU School of Law (L09.2001.003.FA06).


Personal life

Neuborne met his wife, Helen, at Cornell. Helen was the head of the NOW Legal Defense Fund and director of a Ford Foundation program for low-income workers.


Publications

Books * ''When at Times the Mob Is Swayed: A Citizen’s Guide to Defending Our Republic'' (The New Press, 2019) * ''Madison's Music: On Reading the First Amendment'' (The New Press, 2015) * ''Building a Better Democracy: Reflections on Money, Politics and Free Speech-A Collection of Writings by Burt Neuborne'' (Brennan Center for Justice, 2002) * ''The Values of Campaign Finance Reform'' (Brennan Center for Justice, 1997) * ''Political and Civil Rights in the United States - Volume II'' (1979) (with Paul Bender, Norman Dorsen and Sylvia Law) * ''Political and Civil Rights in the United States - Volume I'' (1976) (ed. with Paul Bender and Norman Dorsen) * ''The Rights of Candidates and Voters: The Basic ACLU Guide for Voters and Candidates'' (Avon Books, 1976) (with Arthur Eisenberg) Articles * "Limiting the Right to Buy Silence: A Hearer-Centered Approach," 90 ''U. Colo. L. Rev.'' 411 (2019) * "A Tale of Two Hands: One Clapping; One Not," 50 ''Ariz. St. L.J.'' 831 (2018) * "The Status of the Hearer in Mr. Madison’s Neighborhood," 25 ''Wm. & Mary Bill Rts. J.'' 897 (2017) * "Achieving Results—Lessons from Civil Rights Movements: Transcript," 19 ''N.Y.U. J. Legis. & Pub. Pol'y'' 509 (2016) (with Bebe Anderson, Peggy Cooper Davis and Richard Blum) * "Where's the Fire?," 25 ''J.L. & Pol'y'' 131 (2016) * "Ending ''Lochner'' Lite," 50 ''Harv. C.R.-C.L. L. Rev.'' 183 (2015) * "One-State/Two-Votes: Do Supermajority Senate Voting Rules Violate the Article V Guaranty of Equal State Suffrage?," 10 ''Stan. J. C.R & C.L'' 27 (2014)    * "The Bond Between Left and Right Libertarians," 8 ''N.Y.U. J. L. & Liberty'' 1040 (2014) * "A Plague on Both Their Houses: A Modest Proposal for Ending the Ecuadorian Rainforest Wars," 1 ''Stan. J. Complex Litig.'' 509 (2013)    * "General Jurisdiction, Corporate Separateness and the Rule of Law," 66 ''Vand. L. Rev. En Banc'' 95 (2013) * "Review, Taking Hearers Seriously," 91 ''Tex. L. Rev.'' 1425 (2013)    * "Of 'Singles' Without Baseball: Corporations as Frozen Relational Moments," 64 ''Rutgers U. L. Rev.'' 769 (2012)    * "Felix Frankfurter's Revenge: An Accidental Democracy Built by Judges," 35 ''N.Y.U. Rev. L. & Soc. Change'' 602 (2011)    * "First Amendment Freedom of Speech and Religion–October 2009 Term," 27 ''Touro L. Rev.'' 63 (2011) (with Michael Dorf)    * "Serving the Syllogism Machine: Reflections on Whether ''Brandenburg'' Is Now (or Ever Was) Good Law," 44 ''Tex. Tech L. Rev.'' 1 (2011)    * "Gravitational Pull of Race on the Warren Court," 2010 ''Sup. Ct. Rev.'' 59    * "The October 2008 Term: First Amendment and Then Some," 26 ''Touro L. Rev.'' 465 (2010)   * "Voting Rights and Freedom of Speech Decisions from the October 2007 Term," 25 ''Touro L. Rev.'' 553 (2009) * "Campaign Finance and Political Gerrymandering Decisions in the October 2005 Term," 22 ''Touro L. Rev.'' 939 (2007) * "Hommage à Louis Favoreu," 5 ''Int'l J. Const. L.'' 17 (2007)    * "Spheres of Justice: Who Decides?," 74 ''Geo. Wash. L. Rev.'' 1090 (2006) * "Of Pragmatism and Principle: A Second Look at the Expulsion of Elizabeth Gurley Flynn From the ACLU's Board of Directors," 41 ''Tulsa L. Rev.'' 799 (2005) * "The Role of Courts in Time of War," 29 ''N.Y.U. Rev. L. & Soc. Change'' 555 (2005) * "Senate Proposal on Drug Importation Treads on Constitutional Rights," 1 ''Andrews Pat. Litig. Rep.'' 14 (2004) * "The House Was Quiet and the World Was Calm the Reader Became the Book," 57 ''Vand. L. Rev.''2007 (2004) * "Holocaust Reparations Litigation: Lessons for the Slavery Reparations Movement," 58 ''N.Y.U. Ann. Surv. Am. L.'' 615 (2003) * "Is There a Theory in this Class?," 35 ''Conn. L. Rev.'' 1519 (2003) * "Preliminary Reflections on Aspects of Holocaust-era Litigation in American Courts," 80 ''Wash. U. L. Q.'' 795 (2002)    * "Is Money Different?," 77 ''Tex. L. Rev.'' 7 (1999) * "Making the Law Safe for Democracy: A Review of the Law of Democracy," 97 ''Mich. L. Rev.''1578 (1999) * "Toward a Democracy-Centered Reading of the First Amendment," 73 ''Nw. U. L. Rev.'' 4 (1999) * "The Supreme Court and Free Speech: Love and a Question," 42 ''St. Louis U. L.J.'' 3 (1998) * "''Buckley'' 's Analytical Flaws," 6 ''J.L. & Pol'y'' 111 (1997) * "One Dollar-One Vote: A Preface to Debating Campaign Finance Reform," 37 ''Washburn L.J.'' 1 (1997) * "Judicial Review and Separation of Powers in France and the United States," 57 ''N.Y.U. L. Rev.''363 (1982) * "The Myth of Parity," 90 ''Harv. L. Rev.'' 1105 (1977)


References


External links


NYU School of Law Faculty Profile
*
"Creative Counsel", NYU School of Law magazine, Autumn 2004. (PDF)
{{DEFAULTSORT:Neuborne, Burt 1941 births Living people Lawyers from the Bronx New York University faculty Harvard Law School alumni 20th-century American Jews New York University School of Law faculty 21st-century American Jews