Ben C. Duniway
Encyclopedia
Benjamin Cushing Duniway (1907–1986) was an American federal judge
Federal judge
Federal judges are judges appointed by a federal level of government as opposed to the state / provincial / local level.-Brazil:In Brazil, federal judges of first instance are chosen exclusively by public contest...

.

Duniway graduated from Stanford Law School
Stanford Law School
Stanford Law School is a graduate school at Stanford University located in the area known as the Silicon Valley, near Palo Alto, California in the United States. The Law School was established in 1893 when former President Benjamin Harrison joined the faculty as the first professor of law...

 in 1931 and was a Rhodes scholar in 1933. He practiced law in San Francisco for the next 26 years, except for the years 1942–1947 spent with the Federal Office of Price Administration
Office of Price Administration
The Office of Price Administration was established within the Office for Emergency Management of the United States government by Executive Order 8875 on August 28, 1941. The functions of the OPA was originally to control money and rents after the outbreak of World War II.President Franklin D...

. He was considered for a federal judgeship during the Truman administration. In 1959, Governor Pat Brown
Pat Brown
Edmund Gerald "Pat" Brown, Sr. was the 32nd Governor of California, serving from 1959 to 1967, and the father of current Governor of California Jerry Brown.-Background:...

 named Duniway to the California First District Court of Appeal in San Francisco.

Duniway was appointed to the Ninth Circuit Court of Appeals by President John F. Kennedy
John F. Kennedy
John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....

 in 1961. He took senior status in 1976, and Procter Hug
Procter Ralph Hug Jr.
Procter Ralph Hug Jr. is a United States federal judge.Born in Reno, Nevada, Hug received a B.S. from the University of Nevada in 1953 as a member of Alpha Tau Omega fraternity and was a Lieutenant in the United States Navy from 1954 to 1955. He received an LL.B. from Stanford Law School in 1958,...

 was appointed to the vacant seat. He remained on the bench as senior judge until his death in 1986.

He authored the circuit court's majority opinion for Oliphant v. Suquamish Indian Tribe
Oliphant v. Suquamish Indian Tribe
Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 is a United States Supreme Court case regarding the criminal jurisdiction of Tribal courts over non-Indians. The case was decided on March 6, 1978, with a 6-2 majority. The court opinion was written by William Rehnquist; a dissenting opinion was...

, upholding an American Indian tribal court's criminal jurisdiction over non-Indians on tribal land. That decision was eventually reversed by the Rehnquist Court.

Duniway was the grandson of Abigail Scott Duniway
Abigail Scott Duniway
Abigail Scott Duniway was an American women's rights advocate, newspaper editor and writer, whose efforts were instrumental in gaining voting rights for women.-Biography:...

, an Oregon pioneer and noted women's rights advocate.
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