Aviam Soifer
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Aviam Soifer (born 1948) is an American legal scholar who worked on high-profile matters for 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 ...
and later served as dean of two American law schools, at the Boston College Law School from 1993 to 1998, and at the William S. Richardson School of Law at
University of Hawaiʻi at Mānoa The University of Hawaii at Mānoa is a Public university, public Land-grant university, land-grant research university in Honolulu, Hawaii, United States. It is the flagship campus of the University of Hawaiʻi system and houses the main offic ...
from 2003 to 2020. He is an elected member of the
American Law Institute The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, and legal scholars limited to 3,000 elected members and established in 1923 to promote the clarification and simplification of United States common law and i ...
.


Early life and education

Born in
Worcester, Massachusetts Worcester ( , ) is the List of municipalities in Massachusetts, second-most populous city in the U.S. state of Massachusetts and the list of United States cities by population, 113th most populous city in the United States. Named after Worcester ...
to Samuel I. Soifer, Soifer attended the public schools of
Holyoke, Massachusetts Holyoke is a city in Hampden County, Massachusetts, United States, that lies between the western bank of the Connecticut River and the Mount Tom Range. As of the 2020 United States census, 2020 census, the city had a population of 38,247. Loca ...
,Zachary R. Dowdy, "Professor named dean of BC law", ''The Boston Globe'' (May 2, 1993), p. 36. and graduated from Theodore Roosevelt High School in
Des Moines, Iowa Des Moines is the List of capitals in the United States, capital and List of cities in Iowa, most populous city in the U.S. state of Iowa. It is the county seat of Polk County, Iowa, Polk County with parts extending into Warren County, Iowa, Wa ...
."Soifer Honor", ''Des Moines Tribune'' (September 22, 1966), p. 21. While an undergraduate student at
Yale University Yale University is a Private university, private Ivy League research university in New Haven, Connecticut, United States. Founded in 1701, Yale is the List of Colonial Colleges, third-oldest institution of higher education in the United Stat ...
, Soifer headed a student steering committee that invited female students to inhabit dorms vacated by the male students, to demonstrate that they would be comfortable in a coeducational environment. Soifer played a fundamental role in convincing then-Dean Kingman Brewster Jr. to commit to coeducation at Yale College. Soifer earned his
Bachelor of Arts A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...
at
Yale University Yale University is a Private university, private Ivy League research university in New Haven, Connecticut, United States. Founded in 1701, Yale is the List of Colonial Colleges, third-oldest institution of higher education in the United Stat ...
in 1969, and a Master of Urban Studies at the same institution in 1972. In 1972, he also earned his
Juris Doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...
at
Yale Law School Yale Law School (YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824. The 2020–21 acceptance rate was 4%, the lowest of any law school in the United ...
, where he was an editor on the ''
Yale Law Journal ''The Yale Law Journal'' (YLJ) is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students at Yale Law School. The journal is one ...
.'' Upon graduation, Soifer became a
law clerk A law clerk, judicial clerk, or judicial assistant is a person, often a lawyer, who provides direct counsel and assistance to a lawyer or judge by Legal research, researching issues and drafting legal opinions for cases before the court. Judicial ...
for Jon O. Newman.


Career


Academic career and litigation work

Following his clerkship, Soifer became a professor at the University of Connecticut School of Law, and in 1974, was among the law professors there who voiced objecting to President
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 until Resignation of Richard Nixon, his resignation in 1974. A member of the Republican Party (United States), Republican ...
's appointment of Connecticut Governor Thomas Meskill to the
United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory covers the states of Connecticut, New York (state), New York, and Vermont, and it has ap ...
. Soifer "wrote briefs for 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 ...
" and became "nationally renowned for legal crusades on behalf of civil rights and women's rights". He worked on the case of '' United States v. Progressive, Inc.'', defending the right of ''
The Progressive ''The Progressive'' is a left-leaning American magazine and website covering politics and culture. Founded in 1909 by U.S. senator Robert M. La Follette Sr. and co-edited with his wife Belle Case La Follette, it was originally called ''La Foll ...
'' magazine to publish an article purporting to reveal the "secret" of the
hydrogen bomb A thermonuclear weapon, fusion weapon or hydrogen bomb (H-bomb) is a second-generation nuclear weapon design. Its greater sophistication affords it vastly greater destructive power than first-generation nuclear bombs, a more compact size, a lo ...
, arguing that the information could not be deemed classified because it had been compiled from publicly available sources. At one point during a discussion of the case with reporters at ACLU headquarters by Soifer and Morton Halperin, "a Department of Energy official entered the small conference room... and asked for whatever was being handed out". From 1976 until 1977, Soifer studied at
Harvard University Harvard University is a Private university, private Ivy League research university in Cambridge, Massachusetts, United States. Founded in 1636 and named for its first benefactor, the History of the Puritans in North America, Puritan clergyma ...
as a fellow. Soifer became a professor at the Boston College Law School, and in the late 1970s and early 1980s, Soifer engaged in a study of
paternalism Paternalism is action that limits a person's or group's liberty or autonomy against their will and is intended to promote their own good. It has been defended in a variety of contexts as a means of protecting individuals from significant harm, s ...
, identifying "three significant varieties of parernalism: providing, deciding, and protecting".Glenn Collins, "Understanding paternalism", ''
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'' (October 22, 1981), p. 3C, via the New York Times News Service.
Noting that people tend to consider paternalism to be offensive, Soifer found that it was an inevitable function of society, and its application could be identified in Supreme Court decisions. In 1982, Soifer concurred with Lawrence G. Sager that the Supreme Court was appearing to become less functional, stating that it was "losing its institutional clout and credibility" through its unusual number of fractured decisions and narrowly decided cases. In 1987, Soifer derided as a "purge" the firing of four New England School of Law professors who allegedly believed the legal system to be racially biased; Soifer joined other area law professors in signing a letter of support.


Deanships

From 1993 to 1998, Soifer was dean of the Boston College Law School. His resignation as dean of the law school was reported as being "unexpected", given his popularity among students and staff. Following his ouster as dean, Soifer arranged visiting professorships at BCLS for two other recently ousted law school deans, jokingly referring to it as his "special program for deposed deans". He remained as a professor at BCLS until he accepted the deanship at Hawaii in 2003. Soifer is the author of many articles and book chapters, most recently in the areas of religious freedom, rights of the disabled, constitutional history, and judging/judgment. He has also authored a book, ''Law and the Company We Keep'' (Harvard University Press, 1995), which received several professional awards, and was noted for having "used works by
William Faulkner William Cuthbert Faulkner (; September 25, 1897 – July 6, 1962) was an American writer. He is best known for William Faulkner bibliography, his novels and short stories set in the fictional Yoknapatawpha County, Mississippi, a stand-in fo ...
to explore law's relation to racial violence". The William S. Richardson School of Law, in extending the deanship to Soifer, doubled the salary previously paid to the holder of that position. Soifer had previously spent a year in Hawaii, from 1999 to 2000, as a visiting professor during the pendency of the case of '' Rice v. Cayetano'', which was being appealed to the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
. In 2019, Mark E. Recktenwald, Chief Justice of the
Supreme Court of Hawaii The Supreme Court of Hawaii is the highest court of the State of Hawaii in the United States. Its decisions are binding on all other courts of the Hawaii State Judiciary. The principal purpose of the Supreme Court is to review the decisions ...
, issued a proclamation in Soifer's honor.


Selected bibliography

* *
Pdf.


Personal life

In August 1969, Soifer married Marlene Joan Booth."Soifer-Booth", ''Des Moines Tribune'' (August 28, 1969), p. 23.


References


External links

* {{DEFAULTSORT:Soifer, Aviam Deans of law schools in the United States 1948 births Living people Boston College faculty University of Hawaiʻi faculty Yale Law School alumni University of Hawaiʻi people American legal scholars William S. Richardson School of Law faculty American academic administrators Yale College alumni People from Worcester, Massachusetts University of Connecticut faculty Theodore Roosevelt High School (Iowa) alumni