Guido Calabresi
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Guido Calabresi (born October 18, 1932) is an Italian-born
American American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, pe ...
legal scholar Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
and Senior United States circuit judge of 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 comprises the states of Connecticut, New York and Vermont. The court has appellate ju ...
. He is a former Dean of
Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by '' U.S. News & Worl ...
, where he has been a professor since 1959. Calabresi is considered, along with
Ronald Coase Ronald Harry Coase (; 29 December 1910 – 2 September 2013) was a British economist and author. Coase received a bachelor of commerce degree (1932) and a PhD from the London School of Economics, where he was a member of the faculty until 1951. ...
and
Richard Posner Richard Allen Posner (; born January 11, 1939) is an American jurist and legal scholar who served as a federal appellate judge on the U.S. Court of Appeals for the Seventh Circuit from 1981 to 2017. A senior lecturer at the University of Chic ...
, a founder of the field of
law and economics Law and economics, or economic analysis of law, is the application of microeconomic theory to the analysis of law, which emerged primarily from scholars of the Chicago school of economics. Economic concepts are used to explain the effects of law ...
.


Early life and education

Calabresi is the son of the late cardiologist Massimo Calabresi and European literature scholar Bianca Maria Finzi-Contini Calabresi (1902–1982). Calabresi's parents, active in the resistance against Italian fascism, eventually fled
Milan Milan ( , , Lombard: ; it, Milano ) is a city in northern Italy, capital of Lombardy, and the second-most populous city proper in Italy after Rome. The city proper has a population of about 1.4 million, while its metropolitan city h ...
for
New Haven New Haven is a city in the U.S. state of Connecticut. It is located on New Haven Harbor on the northern shore of Long Island Sound in New Haven County, Connecticut and is part of the New York City metropolitan area. With a population of 134,023 ...
,
Connecticut Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its capita ...
, immigrating to the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
in September 1939. The family became naturalized American citizens in 1948. Guido's older brother Paul Calabresi (1930–2003) was a prominent medical and pharmacological researcher of cancer and oncology. Calabresi's mother descends from an Italian-Jewish family. He describes himself as a "practicing Catholic" who believes in God. Calabresi received his
Bachelor of Science A Bachelor of Science (BS, BSc, SB, or ScB; from the Latin ') is a bachelor's degree awarded for programs that generally last three to five years. The first university to admit a student to the degree of Bachelor of Science was the University o ...
degree ''summa cum laude'' from
Yale College Yale College is the undergraduate college of Yale University. Founded in 1701, it is the original school of the university. Although other Yale schools were founded as early as 1810, all of Yale was officially known as Yale College until 1887, ...
in 1953, majoring in economics — a choice which would have significant connections with his later pursuits. He was then selected as a Rhodes Scholar, studying at
Magdalen College Magdalen College (, ) is a constituent college of the University of Oxford. It was founded in 1458 by William of Waynflete. Today, it is the fourth wealthiest college, with a financial endowment of £332.1 million as of 2019 and one of the s ...
,
Oxford Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...
, which awarded him a
Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four year ...
degree with First Class Honors in 1955. This was later promoted by seniority to a Master of Arts in 1959. He received his
Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Ch ...
(LL.B.) magna cum laude from
Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by '' U.S. News & Worl ...
in 1958, graduating first in his class, and was also a
law review A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also pr ...
member as Note Editor of the '' Yale Law Journal'' from 1957 to 1958. Following graduation from Yale Law, Calabresi served as a law clerk for
United States Supreme Court 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 U.S. federal court cases, and over state court cases that involve a point o ...
associate justice Hugo Black from 1958 to 1959. Additionally, he is a member of
Phi Beta Kappa The Phi Beta Kappa Society () is the oldest academic honor society in the United States, and the most prestigious, due in part to its long history and academic selectivity. Phi Beta Kappa aims to promote and advocate excellence in the liberal ...
and the
Order of the Coif The Order of the Coif is an honor society for United States law school graduates. The name is a reference to the ancient English order of advocates, the serjeants-at-law, whose courtroom attire included a coif—a white lawn or silk skullcap, whi ...
.


Legal career

Calabresi had been offered a full professorship at the
University of Chicago Law School The University of Chicago Law School is the law school of the University of Chicago, a private research university in Chicago, Illinois. It is consistently ranked among the best and most prestigious law schools in the world, and has many dis ...
in 1960. However, he joined the faculty of the Yale Law School upon completion of his Supreme Court clerkship, becoming the youngest ever full professor at Yale Law, and was Dean from 1985 to 1994. He now is Sterling
Professor Emeritus ''Emeritus'' (; female: ''emerita'') is an adjective used to designate a retired chair, professor, pastor, bishop, pope, director, president, prime minister, rabbi, emperor, or other person who has been "permitted to retain as an honorary title ...
of Law and Professorial Lecturer in Law at Yale. Calabresi is a member of the Connecticut Bar Association and from 1971 to 1975 served as town selectman for
Woodbridge, Connecticut Woodbridge is a town in New Haven County, Connecticut, United States. The population was 9,087 at the 2020 census. The town center is listed on the National Register of Historic Places as Woodbridge Green Historic District. Woodbridge is part of ...
. Calabresi is, along with
Ronald Coase Ronald Harry Coase (; 29 December 1910 – 2 September 2013) was a British economist and author. Coase received a bachelor of commerce degree (1932) and a PhD from the London School of Economics, where he was a member of the faculty until 1951. ...
, a founder of
law and economics Law and economics, or economic analysis of law, is the application of microeconomic theory to the analysis of law, which emerged primarily from scholars of the Chicago school of economics. Economic concepts are used to explain the effects of law ...
. His pioneering contributions to the field include the application of economic reasoning to
tort law A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishabl ...
, and a legal interpretation of the
Coase theorem In law and economics, the Coase theorem () describes the economic efficiency of an economic allocation or outcome in the presence of externalities. The theorem states that if trade in an externality is possible and there are sufficiently low tra ...
. Under Calabresi's intellectual and administrative leadership, Yale Law School became a leading center for legal scholarship imbued with economics and other social sciences. Calabresi has been awarded more than forty honorary degrees from universities across the world. He is a member of the Royal Swedish Academy of Sciences.


Federal judicial service

On February 9, 1994, President
Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
nominated Calabresi as a United States Circuit Judge of 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 comprises the states of Connecticut, New York and Vermont. The court has appellate ju ...
, he was confirmed by the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
on July 18, received his commission on July 21, and entered duty on September 16, 1994, replacing
Thomas Joseph Meskill Thomas Joseph Meskill Jr. (January 30, 1928 – October 29, 2007) was a longtime United States circuit judge of the United States Court of Appeals for the Second Circuit. He previously served as the 82nd governor of Connecticut, as a United St ...
. President Clinton is a 1973 graduate of the Yale Law School, although he never had Calabresi as a professor. Among Calabresi's group of former students are Supreme Court Justices Samuel Alito,
Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1 ...
and
Sonia Sotomayor Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since ...
, former United States Attorney General
Michael Mukasey Michael Bernard Mukasey (; born July 28, 1941) is an American attorney and former federal judge who served as the 81st Attorney General of the United States from 2007 to 2009. Born in New York City in 1941, Mukasey attended Ramaz School, gradua ...
, feminist legal scholar and law professor at the Universities of
Michigan Michigan () is a U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the List of U.S. states and ...
and
Chicago (''City in a Garden''); I Will , image_map = , map_caption = Interactive Map of Chicago , coordinates = , coordinates_footnotes = , subdivision_type = Country , subdivision_name ...
Catharine MacKinnon Catharine Alice MacKinnon (born October 7, 1946) is an American radical feminist legal scholar, activist, and author. She is the Elizabeth A. Long Professor of Law at the University of Michigan Law School, where she has been tenured since 1990, ...
, former White House Counsel
Gregory Craig Gregory Bestor Craig (born March 4, 1945) is an American lawyer and former White House Counsel under President Barack Obama, from 2009 to 2010. A former attorney at the Washington, D.C. law firm of Williams & Connolly, Craig has represented nume ...
, legal scholar
Philip Bobbitt Philip Chase Bobbitt, (born July 22, 1948) is an American author, academic, and lawyer. He is best known for work on U.S. constitutional law and theory, and on the relationship between law, strategy and history in creating and sustaining the S ...
, Senator
John Danforth John Claggett Danforth (born September 5, 1936) is an American politician, attorney and diplomat who began his career in 1968 as the Attorney General of Missouri and served three terms as United States Senator from Missouri. In 2004, he served br ...
, Harvard Law School professor Richard H. Fallon Jr., civil and human rights legal scholar
Kenji Yoshino Kenji Yoshino (born May 1, 1969) is a legal scholar and the Chief Justice Earl Warren Professor of Constitutional Law at New York University School of Law. Formerly, he was the Guido Calabresi Professor of Law at Yale Law School. His work involve ...
, torts scholar and law professor at the
University of Virginia The University of Virginia (UVA) is a public research university in Charlottesville, Virginia. Founded in 1819 by Thomas Jefferson, the university is ranked among the top academic institutions in the United States, with highly selective ad ...
Kenneth Abraham, feminist international attorney
Ann Olivarius Ann Olivarius (born 19 February 1955) is an American-British lawyer who specializes in cases of civil litigation, sexual discrimination, and sexual harassment, assault, and abuse. Early life and education Ann Olivarius grew up in New Jersey, th ...
, and
New York University School of Law 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 is the oldest law school in New York City and the oldest surviving law school in N ...
torts professor Catherine Sharkey. Calabresi, alone among Yale Law School faculty members, supported Thomas's nomination to the Supreme Court. Calabresi took
senior status Senior status is a form of semi- retirement for United States federal judges. To qualify, a judge in the federal court system must be at least 65 years old, and the sum of the judge's age and years of service as a federal judge must be at leas ...
on July 21, 2009.


Awards and honors

In 1985, he was awarded the
Laetare Medal The Laetare Medal is an annual award given by the University of Notre Dame in recognition of outstanding service to the Catholic Church and society. The award is given to an American Catholic or group of Catholics "whose genius has ennobled the a ...
by the
University of Notre Dame The University of Notre Dame du Lac, known simply as Notre Dame ( ) or ND, is a private Catholic university, Catholic research university in Notre Dame, Indiana, outside the city of South Bend, Indiana, South Bend. French priest Edward Sorin fo ...
, the oldest and most prestigious award for
American Catholics With 23 percent of the United States' population , the Catholic Church is the country's second largest religious grouping, after Protestantism, and the country's largest single church or Christian denomination where Protestantism is divided in ...
. Yale, in 2006, created the Guido Calabresi Professorship of Law, with
Kenji Yoshino Kenji Yoshino (born May 1, 1969) is a legal scholar and the Chief Justice Earl Warren Professor of Constitutional Law at New York University School of Law. Formerly, he was the Guido Calabresi Professor of Law at Yale Law School. His work involve ...
serving as the inaugural professor of the endowed chair.
Daniel Markovits Daniel Markovits (born August 4, 1969) is the Guido Calabresi Professor of Law at the Yale Law School and the founding director of the Yale Center for the Study of Private Law. He is the author of ''The Meritocracy Trap'' (2019). Education Afte ...
is the current holder of the chair. Calabresi is an Honorary Editor of the University of Bologna Law Review, a general student-edited law journal published by the Department of Legal Studies of the University of Bologna. Calabresi is the author of four books and over 100 articles on law and related subjects.


Honors

* Elected to the
American Academy of Arts and Sciences The American Academy of Arts and Sciences (abbreviation: AAA&S) is one of the oldest learned societies in the United States. It was founded in 1780 during the American Revolution by John Adams, John Hancock, James Bowdoin, Andrew Oliver, a ...
, 1972 *Honorary degree,
University of Pavia The University of Pavia ( it, Università degli Studi di Pavia, UNIPV or ''Università di Pavia''; la, Alma Ticinensis Universitas) is a university located in Pavia, Lombardy, Italy. There was evidence of teaching as early as 1361, making it one ...
, 1987 *Elected to the
American Philosophical Society The American Philosophical Society (APS), founded in 1743 in Philadelphia, is a scholarly organization that promotes knowledge in the sciences and humanities through research, professional meetings, publications, library resources, and communit ...
, 1997 * Honoris causa degree in Law,
University of Brescia The University of Brescia ( it, Università degli Studi di Brescia) is an Italian public research university located in Brescia, Italy. It was founded in 1982 and is branched in 4 Faculties. The University of Brescia was officially established ...
, 21 January 2013 * Robert B. McKay Law Professor Award, American Bar Association Tort Trial and Insurance Practice Section, 2015


Major works

* 1961, "Some Thoughts on Risk Distribution and the Law of Torts," '' Yale Law Journal''. * 1970. ''
The Costs of Accidents ''The Costs of Accidents: A Legal and Economic Analysis'' by Guido Calabresi is a work in the law and economics tradition because it provides an economic efficiency analysis of the rules of tort law. The text was initially published in 1970 by ...
: A Legal and Economic Analysis''.
Yale University Press Yale University Press is the university press of Yale University. It was founded in 1908 by George Parmly Day, and became an official department of Yale University in 1961, but it remains financially and operationally autonomous. , Yale Universi ...
. * 1972 (with
Douglas Melamed Arthur Douglas Melamed (born December 3, 1945) is an American legal scholar specializing in antitrust law. Since 2014, Melamed has been a professor, first visiting then professor of the practice, at Stanford Law School.Property Rules, Liability Rules and Inalienability: One View of the Cathedral," '' Harvard Law Review''. (Very often cited.) * 1982 "A Common Law For The Age of Statutes," (Harvard University Press). * 1978 (with Philip Bobbit)"Tragic Choices. The conflicts society confronts in the allocation of tragically scarce resources." (WW Norton and Company New York, NY)


Notable decisions

* ''
Leibovitz v. Paramount Pictures Corp. ''Leibovitz v. Paramount Pictures Corp.'', 137 F.3d 109 (2d Cir. 1998), is an influential Second Circuit fair use case. Case background Annie Leibovitz is a professional portrait photographer who had published a photograph of celebrity Demi Moore ...
'', 137 F.3d 109 (2nd Cir. 1998). * '' Arar v. Ashcroft'' (2nd Cir. 2009), dissenting. * ''United States v. Calvin Weaver'', 18-1697 (2nd Cir. 2021). In a case regarding an unwarranted police search of a Black man walking by, Calabresi was one of three dissenters who argued that the search violated the 4th amendment. The other two dissenters were Rosemary Pooler and
Denny Chin Denny Chin (陳卓光; born April 13, 1954) is a Senior United States circuit judge of the United States Court of Appeals for the Second Circuit, based in New York City. He was a United States District Judge of the United States District Court f ...
. Calabresi explained that "The majority begins its opinion by saying that this is an ordinary case of an ordinary police search. That, unfortunately, is all too true. But though ordinary, and very common, the facts of this case, and the fact that a strong majority made up of thoughtful judges comes out as it does, demonstrates beyond peradventure why this area of the law is so disastrous." * ''Mujo v. Jani-King International, Inc.'', 20-111 (2nd Cir. 2021). Calabresi dissented from a ruling that permitted a corporation to require employees to sign a contract giving the corporation power to take part of their salary despite Connecticut's minimum wage laws.


Personal life

Calabresi married Anne Gordon Audubon Tyler, a social anthropologist, freelance writer, social activist, philanthropist and arts patron. Both received their primary education at the
Foote School New Haven is a city in the U.S. state of Connecticut. It is located on New Haven Harbor on the northern shore of Long Island Sound in New Haven County, Connecticut and is part of the New York City metropolitan area. With a population of 134,023 ...
in New Haven, graduating in 1946 and 1948, respectively. Calabresi would continue on to receive his secondary education from
Hopkins School Hopkins School is a private, college-preparatory, coeducational, day school for grades 7–12 located in New Haven, Connecticut. In 1660, Edward Hopkins, seven-time governor of the Connecticut Colony, bequeathed a portion of his estate to found s ...
, graduating in 1949. They reside in Woodbridge, Connecticut, and have three children. Anne Gordon Audubon Calabresi (Anne Calabresi Oldshue), a psychiatrist, graduated cum laude from
Yale Yale University is a private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the third-oldest institution of higher education in the United States and among the most prestigious in the wor ...
, attended medical school at Case Western Reserve University and completed residency at Harvard. Massimo Franklin Tyler ("M.F.T.") Calabresi, a journalist with
Time magazine ''Time'' (stylized in all caps) is an American news magazine based in New York City. For nearly a century, it was published weekly, but starting in March 2020 it transitioned to every other week. It was first published in New York City on Ma ...
, also graduated from
Yale Yale University is a private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the third-oldest institution of higher education in the United States and among the most prestigious in the wor ...
. Bianca Finzi-Contini Calabresi attended
Yale Yale University is a private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the third-oldest institution of higher education in the United States and among the most prestigious in the wor ...
as well, graduating summa cum laude, and has a Ph.D. in Renaissance literature from Columbia. Calabresi's nephew, Steven G. Calabresi, is a Constitutional Law professor at
Northwestern University Northwestern University is a private research university in Evanston, Illinois. Founded in 1851, Northwestern is the oldest chartered university in Illinois and is ranked among the most prestigious academic institutions in the world. Charte ...
and a co-founder of the
Federalist Society The Federalist Society for Law and Public Policy Studies (abbreviated as FedSoc) is an American conservative and libertarian legal organization that advocates for a textualist and originalist interpretation of the U.S. Constitution. Headquarter ...
. Calabresi and his wife own an olive grove in
Florence Florence ( ; it, Firenze ) is a city in Central Italy and the capital city of the Tuscany Regions of Italy, region. It is the most populated city in Tuscany, with 383,083 inhabitants in 2016, and over 1,520,000 in its metropolitan area.Bilan ...
,
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...
, where they produce olive oil each year. He is a fan of
Inter Milan Football Club Internazionale Milano, commonly referred to as Internazionale () or simply Inter, and colloquially known as Inter Milan in English-speaking countries, is an Italian professional football club based in Milan, Lombardy. Inter is ...
and the
New York Yankees The New York Yankees are an American professional baseball team based in the New York City borough of the Bronx. The Yankees compete in Major League Baseball (MLB) as a member club of the American League (AL) East division. They are one of ...
.


See also

*
List of Jewish American jurists This is a list of notable Jewish American jurists. For other famous Jewish Americans, see Lists of American Jews. Supreme Court of the United States Federal judges Appellate judges * Robert E. Bacharach, Judge of the United States Court of ...
*
List of law clerks of the Supreme Court of the United States (Seat 1) A ''list'' is any set of items in a row. List or lists may also refer to: People * List (surname) Organizations * List College, an undergraduate division of the Jewish Theological Seminary of America * SC Germania List, German rugby uni ...


References


External links

* * Calabresi'
profile
at
Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by '' U.S. News & Worl ...
. * {{DEFAULTSORT:Calabresi, Guido 1932 births 20th-century American non-fiction writers 21st-century American non-fiction writers Alumni of Magdalen College, Oxford American lawyers and judges of Italian descent American people of Lombard descent American legal scholars American legal writers American people of Italian-Jewish descent American male non-fiction writers American Rhodes Scholars Connecticut Democrats Connecticut lawyers Deans of Yale Law School Italian emigrants to the United States Judges of the United States Court of Appeals for the Second Circuit Laetare Medal recipients Law and economics scholars Law clerks of the Supreme Court of the United States Living people Members of the Royal Swedish Academy of Sciences People who emigrated to escape Nazism Lawyers from New Haven, Connecticut People from Woodbridge, Connecticut United States court of appeals judges appointed by Bill Clinton Yale Law School alumni Yale Law School faculty Yale Sterling Professors Yale College alumni 20th-century American judges 21st-century American judges 20th-century American male writers 21st-century American male writers Members of the American Philosophical Society Corresponding Fellows of the British Academy