Robert Gillespie James (born June 19, 1946) is a
senior
Senior (shortened as Sr.) means "the elder" in Latin and is often used as a suffix for the elder of two or more people in the same family with the same given name, usually a parent or grandparent. It may also refer to:
* Senior (name), a surname ...
United States district judge
The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district. Each district covers one U.S. state or a portion of a state. There is at least one feder ...
of the
, and was one of the judges involved in a 2006
water right
Water right in water law is the right of a user to use water from a water source, e.g., a river, stream, pond or source of groundwater. In areas with plentiful water and few users, such systems are generally not complicated or contentious. In ot ...
s legal case, ''Normal Parm v. Sheriff Mark Shumate''.
Education and career
Born in
Ruston,
Louisiana
Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...
, James received a
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 ...
degree from
Louisiana Tech University
Louisiana Tech University (Louisiana Tech, La. Tech, or simply Tech) is a public university, public research university in Ruston, Louisiana, United States. It is part of the University of Louisiana System and Carnegie Classification of Institu ...
in 1968 and a
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 ...
from the
Paul M. Hebert Law Center
The Paul M. Hebert Law Center, often styled "LSU Law", is a Public university, public law school in Baton Rouge, Louisiana. It is part of the Louisiana State University System and located on the main campus of Louisiana State University.
Because ...
at
Louisiana State University
Louisiana State University and Agricultural and Mechanical College, commonly referred to as Louisiana State University (LSU), is an American Public university, public Land-grant university, land-grant research university in Baton Rouge, Louis ...
in 1971. He was in private practice in Ruston from 1971 to 1998, and was a business law instructor at Louisiana Tech University from 1992 to 1998. He was a judge on the Ruston City Court from 1985 to 1998.
Federal judicial service
On January 27, 1998, James was nominated by President
Bill Clinton
William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...
to a seat on the
vacated by
John Malach Shaw
John Malach Shaw (November 14, 1931 – December 24, 1999) was a United States district judge of the United States District Court for the Western District of Louisiana.
Education and career
Born in Beaumont, Texas, Shaw received a Bachelor of ...
. James was confirmed by the
United States Senate
The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
on July 31, 1998, and received his commission on August 3, 1998. He served as Chief Judge from 2009 to 2012. He assumed
senior status on May 31, 2016.
Notable ruling
On August 29, 2006, James overruled
United States Magistrate Judge
In United States federal courts, magistrate judges are judges appointed to assist U.S. district court judges in the performance of their duties. Magistrate judges generally oversee first appearances of criminal defendants, set bail, and conduct ...
James D. Kirk, who wrote that Federal law "...entitles the public to the reasonable use of navigable waters for all legitimate purposes of travel or transportation, for boating, sailing for pleasure, as well as for carrying persons or property for hire, and in any kind of watercraft the use of which is consistent with others also enjoying the right possessed in common." The holding confirmed that it was criminal trespass for boaters to enter property above the ordinary high-water mark of riparian landowners to fish or hunt without permission. Strictly interpreting Federal law, James said that "the public has no 'right to fish and hunt on the Mississippi River.'" The original case was the result of the arrests of several
anglers who were fishing in Mississippi River floodwaters, which had covered the private property of the Walker Cottonwood Farm.
The case shows that the public trust rights associated with navigable waterways do not extend to "flooded" areas.
References
External links
*
{{DEFAULTSORT:James, Robert Gillespie
1946 births
Living people
Judges of the United States District Court for the Western District of Louisiana
Louisiana State University Law Center alumni
Louisiana Tech University alumni
People from Ruston, Louisiana
United States district court judges appointed by Bill Clinton
20th-century American judges
21st-century American judges