Wilfred Feinberg is a Senior United States Circuit Judge of the U.S. Court of Appeals for the Second Circuit. He was Chief Judge

Chief judge

Chief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. The meaning and usage of the term vary from one court system to another...

 of the Circuit from 1980 to 1988, and assumed senior status

Senior status

Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...

 in 1991. He served on the Judicial Conference

Judicial Conference of the United States

The Judicial Conference of the United States, formerly known as Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial courts in the United States...

 from 1980 to 1988, chairing the Executive Committee from 1987 to 1988, and also serving as a member of the Long Range Planning Committee from 1991 to 1996. At the time of his appointment to the Circuit in 1966, he was a United States District Court Judge for the Southern District of New York.

Judge Feinberg has authored many seminal opinions, including United States v. Miller, which upheld the constitutionality of a federal law prohibiting the burning of draft cards

Conscription in the United States

Conscription in the United States has been employed several times, usually during war but also during the nominal peace of the Cold War...

, NLRB

National Labor Relations Board

The National Labor Relations Board is an independent agency of the United States government charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices. Unfair labor practices may involve union-related situations or instances of...

 v. J.P. Stevens & Co, the famous labor union case that inspired the movie, Norma Rae

Norma Rae

Norma Rae is a 1979 American drama film that tells the story of a factory worker from a small town in North Carolina, who becomes involved in the labor union activities at the textile factory where she works...

, and Kelly v. Wyman, aff'd sub nom. Goldberg v. Kelly, 397 U.S. 254, 271 (1970). Several of Judge Feinberg's opinions are listed below.

In 2004, Judge Feinberg received the 22nd Annual Edward J. Devitt Distinguished Service to Justice Award, which honors an Article III judge whose career has been exemplary, as measured by the significant contributions to the administration of justice, the advancement of the rule of law

Rule of law

The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...

, and the improvement of society as a whole. He has also been awarded the Learned Hand Medal for Excellence in Federal Jurisprudence and the Edward Weinfeld Award.

In the pages of the Columbia Law Review

Columbia Law Review

The Columbia Law Review is a law review edited and published by students at Columbia Law School. In addition to articles, the journal regularly publishes scholarly essays and student notes. It was founded in 1901 by Joseph E. Corrigan and John M. Woolsey, who served as the review's first...

, Professor Maurice Rosenberg summarized Judge Feinberg's career, writing "Wilfred Feinberg is the kind of jurist the Founding Fathers

Founding Fathers of the United States

The Founding Fathers of the United States of America were political leaders and statesmen who participated in the American Revolution by signing the United States Declaration of Independence, taking part in the American Revolutionary War, establishing the United States Constitution, or by some...

 must have had in mind when they bestowed life tenure on federal judges. His first twenty-five years on the bench have revealed qualities of mind and conscience that are of the kind most sought after in a judge. Judge Feinberg regards judicial office as a way to serve justice, not as a chance to wield power. And he renders his service superbly -- with intelligence, understanding, kindness, and craftsmanship. He is animated by a disciplined compassion that flows from a humane mind committed to the law." See Maurice Rosenberg, Chief Judge Wilfred Feinberg: A Twenty-fifth Year Tribute, 86 Columbia Law Review 1505 (1986).

Judge Feinberg has written, "I still find it exciting to be a judge and to decide cases. Each year, there are still more appeals that sorely perplex me, and then engage me to the fullest in the attempt, never perfectly achieved, to reach the right result for the right reasons, explained clearly and concisely."

Judge Feinberg received his B.A.

Bachelor of Arts

A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...

 degree from Columbia University

Columbia University

Columbia University in the City of New York is a private, Ivy League university in Manhattan, New York City. Columbia is the oldest institution of higher learning in the state of New York, the fifth oldest in the United States, and one of the country's nine Colonial Colleges founded before the...

 in 1940, and his LL.B. in 1946 from Columbia Law School

Columbia Law School

Columbia Law School, founded in 1858, is one of the oldest and most prestigious law schools in the United States. A member of the Ivy League, Columbia Law School is one of the professional graduate schools of Columbia University in New York City. It offers the J.D., LL.M., and J.S.D. degrees in...

, where he was editor-in-chief of the Columbia Law Review. Judge Feinberg served in the U.S. Army from 1942 until 1945. After graduating, Judge Feinberg served as law clerk

Law clerk

A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...

 to United States District Judge James P. McGranery

James P. McGranery

James Patrick McGranery was an American lawyer and politician.-Biography:Born in Philadelphia, he served in World War I as an observation balloon pilot with the United States Army Air Service, and as an adjutant in the One Hundred and Eleventh Infantry...

 of the Eastern District of Pennsylvania from 1947 until 1949, and then was in private law practice in New York from 1949 until 1961, except for service as Deputy Superintendent of Banks, State of New York, in 1958. He received a recess appointment

Recess appointment

A recess appointment is the appointment, by the President of the United States, of a senior federal official while the U.S. Senate is in recess. The U.S. Constitution requires that the most senior federal officers must be confirmed by the Senate before assuming office, but while the Senate is in...

 from 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....

 as to a seat on the United States District Court for the Southern District of New York

United States District Court for the Southern District of New York

The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...

 in 1961, and permanent appointment to that position the following year.

His former clerks include many law professors, including Thomas Joo, UC Davis School of Law, Lee Bollinger

Lee Bollinger

Lee Carroll Bollinger is an American lawyer and educator who is currently serving as the 19th president of Columbia University. Formerly the president of the University of Michigan, he is a noted legal scholar of the First Amendment and freedom of speech...

, President of Columbia University, Richard Revesz

Richard Revesz

Richard L. "Ricky" Revesz is a law professor and the current dean of the New York University School of Law. He is one of the nation's leading experts on environmental and regulatory law and policy....

, Dean of New York University

New York University

New York University is a private, nonsectarian research university based in New York City. NYU's main campus is situated in the Greenwich Village section of Manhattan...

 Law School, and David Wilkins, Professor at Harvard Law School; judges, including Judge Gerard Lynch

Gerard E. Lynch

Gerard Edmund Lynch is a United States federal judge on the United States Court of Appeals for the Second Circuit. He was confirmed to that seat on September 17, 2009 after previously having been appointed in 2000 by President Bill Clinton to serve on the United States District Court for the...

, U.S. Circuit Judge for the Second Circuit (and Professor of Law at Columbia), and Judge Michael Dolinger, U.S. Magistrate Judge for the Southern District of New York; public servants such as Francis Blake

Frank Blake

Francis Stanton "Frank" Blake is an American business executive. He is the chairman and CEO of The Home Depot. He was appointed to this position in January 2007. Prior to this he worked for the U.S. Department of Energy and General Electric.-Education:Blake received his bachelors degree from...

, former general counsel of the Environmental Protection Agency

United States Environmental Protection Agency

The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...

; and prominent public interest lawyers, including Ralph Cavanagh

Ralph Cavanagh

Ralph Cavanagh is a senior attorney and co-director of Natural Resources Defense Council's energy program. Cavanagh has been with the NRDC since 1979 and was on the Secretary of Energy Advisory board from 1993-2003...

 of the Natural Resources Defense Council in San Francisco and Penda Hair of Advancement Project

Advancement Project

The Advancement Project is group with the stated goal of promoting civil rights. It was founded in 1999 by civil rights lawyers in Los Angeles and Washington, D.C.. Board members include Constance L. Rice, who is also a co-director, former United States Assistant Attorney General Bill Lann Lee,...

 in Washington, DC. Judge Lynch commented, “I think every single one of Judge Feinberg’s clerks over the years feels that this was the ideal job with which to start a legal career. We all learned an enormous amount by working with an extraordinarily careful, thoughtful and fair judge, but we also gained a lifelong friend and mentor."

Notable cases

• Zippo Mfg. Co. v. Rogers Imports, Inc., 216 F.Supp. 670 (S.D.N.Y. 1963)
• American Exp. Warehousing, Limited v. Transamerica Ins. Co., 380 F.2d 277 (C.A.2 (N.Y.) 1967)
• Kelly v. Wyman, 294 F.Supp. 893 (S.D.N.Y. 1968)
• J. P. Stevens & Co. v. N. L. R. B.,380 F.2d 292 (2d Cir. 1967)
• N.L.R.B. v. J.P. Stevens & Co., Inc.,563 F.2d 8(2d Cir. 1977)
• U.S. v. Bethlehem Steel Corp.,446 F.2d 652 (2d Cir. 1971)
• Goetz v. Ansell,477 F.2d 636 (2d Cir. 1973)
• Matter of Andros Compania Maritima, S.A. of Kissavos (Marc Rich & Co., A.G.),579 F.2d 691 (2d Cir. 1978)
• Independent Bankers Ass'n of New York State, Inc. v. Marine Midland Bank, N.A.,757 F.2d 453

(2d Cir. 1985)

• Knight v.U.S. Fire Ins. Co.,804 F.2d 9 (2d Cir. 1986)
• Kaplan v. City of Burlington,891 F.2d 1024 (2d Cir. 1989)
• New Era Publications Intern., 904 F.2d 152 (2d Cir. 1990)
• In re Joint Eastern and Southern Dist. Asbestos Litigation,982 F.2d 721 (2d Cir. 1992)
  • In re Joint Eastern and Southern Dist. Asbestos Litigation,993 F.2d 7 (2d Cir. 1993)
• Bellamy v. Cogdell,974 F.2d 302 (2d Cir. 1992)
• Atlantic States Legal Foundation, Inc. v. Pan American Tanning Corp.,993 F.2d 1017 (2d Cir. 1993)
• In re U.S., 10 F.3d 931 (2d Cir. 1993)
• Woods v. Bourne Co., 60 F.3d 978 (2d Cir. 1995)
• Hadges v. Yonkers Racing Corp., 48 F.3d 1320 (2d Cir. 1995)
• Baker v. Cuomo, 58 F.3d 814 (2d Cir. 1995)
• Baker v. Pataki, 85 F.3d 919 (2d Cir. 1996)

Published works

• Federal Judicial Center Judicial Writing Project (Board of Editors), 1989–Present
• Expediting Review of Felony Convictions, 59 American Bar Association Journal 1025 (1973)
• Foreword: A National Court of Appeals?, 42 Brooklyn Law Review 611 (1976)
• Foreword: Judicial Administration: Stepchild of the Law, 52 St. Johns Law Review 187 (1978)
• Maritime Arbitration and the Federal Courts, 5 Fordham International Law Journal 245 (1982)
• The National Court of Appeals: Is It Necessary?, 32 The Record, Association of the Bar of the City of New York 106 (1977)
• The State of the Second Circuit, 38 The Record, Association of the Bar of the City of New York 363, May/June, 1983
• Introduction, The Law and the Public, A. Bartlett Giamatti, 38 The Record, Association of the Bar of the City of New York, Jan./Feb., 1983
• Second Circuit Court, A Far Cry From Days of Learned Hand (Transcript), 187 New York Law Journal 1 (1982)
• Tribute: Hon. James D. Hopkins, 3 Pace Law Review 451 (1983)
• Introduction: The Remarkable Hands - An Affectionate Portrait, Published by Federal Bar Association (1983)
• Address Before the New York Patent Law Association (Transcript), 65 Journal Pat. Off. Society 221 (1983)
• Constraining "The Least Dangerous Branch" The Tradition of Attacks on Judicial Power (Madison Lecture), 50 New York University Law Review (May 1984)
• Constraining The Least Dangerous Branch The Tradition of Attacks on Judicial Power (Madison Lecture), The Evolving Constitution, 208 Wesleyan University Press (1989)
• The State of the Second Circuit (Transcript), 39 American Bar Central New York 178 (1984)
• The Office of Chief Judge of a Federal Court of Appeals (Sonnet Lecture), 53 Fordham Law Review 369 (1985)
• Judicial Independence, 36 Syracuse Law Review 885 (1985)
• The State of the Second Circuit (Transcript), 106 F.R.D. 121 (1985)
• Unique Customs and Practices of the Second Circuit (Inaugural Kaplan Lecture) 14 Hofstra Law Review 297 (1986)
• In Memoriam: Henry J. Friendly, 99 Harvard Law Review 1713 (1986)
• The Coming Deterioration of the Federal Judiciary, 42 The Record 179 (1987)
• Is Diversity Jurisdiction an Idea Whose Time Has Passed?, New York State Bar Journal, July, 1989
• Foreword, Distinctive Practices of The Second Circuit, Foundation of the Federal Bar Council, 1989
• Senior Judges: A National Resource, 56 Brooklyn Law Review 409 (1990)
• Arbitration and Antitrust - An Introduction, 44 New York University Law Review 1069 (1969)
• Recent Developments in the Law of Privacy, 48 Columbus Law Review 713 (1948)
• The Role of the Judge, The Grand Design of America's Justice System, 30 Series, Institute of Comparative Law 81, Chūō University, Japan, 1995
• Introduction, Dialogue Between Hon. Frank A. Easterbrook and Hon. John J. Gibbons on Approaches to Judicial Review, The Blessings of Liberty, An Enduring Constitution in a Changing World, Random House, 1989
• A View From the Bench, Experience, The Magazine of the Senior Lawyers Division (ABA) Vol. 7, #1, p. 22, Fall, 1996