William Van Alstyne
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William Warner Van Alstyne (February 8, 1934 – January 29, 2019) was an American attorney,
law professor A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...
, and
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as th ...
scholar A scholar is a person who pursues academic and intellectual activities, particularly academics who apply their intellectualism into expertise in an area of study. A scholar can also be an academic, who works as a professor, teacher, or researche ...
. Prior to retiring in 2012, he held the named position of Lee Professor of Law at
William and Mary Law School The William & Mary Law School, known historically as the Marshall-Wythe School of Law, is the professional graduate law school of the College of William & Mary. Located in Williamsburg, Virginia, the school is the oldest extant law school in t ...
. He was the Perkins Professor of Law at Duke Law School for more than 30 years. Among many others, he taught at Chicago Law School, Stanford Law School, University of California, Berkeley Law School, University of California, Los Angeles Law School, and Michigan Law School.


Early life and education

Van Alstyne was born in
Chico, California Chico ( ; Spanish for "little") is the most populous city in Butte County, California. Located in the Sacramento Valley region of Northern California, the city had a population of 101,475 in the 2020 census, reflecting an increase from 86,18 ...
to Richard and Margaret (Ware) Van Alstyne. His father was a college professor and historian and his mother was a writer of
children's literature Children's literature or juvenile literature includes stories, books, magazines, and poems that are created for children. Modern children's literature is classified in two different ways: genre or the intended age of the reader. Children's ...
. Van Alstyne received his
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 years ...
in
philosophy Philosophy (from , ) is the systematized study of general and fundamental questions, such as those about existence, reason, knowledge, values, mind, and language. Such questions are often posed as problems to be studied or resolved. Some ...
''
magna cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some So ...
'' from the
University of Southern California The University of Southern California (USC, SC, or Southern Cal) is a Private university, private research university in Los Angeles, California, United States. Founded in 1880 by Robert M. Widney, it is the oldest private research university in C ...
. He received his
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law ...
from
Stanford Law School Stanford Law School (Stanford Law or SLS) is the law school of Stanford University, a private research university near Palo Alto, California. Established in 1893, it is regarded as one of the most prestigious law schools in the world. Stanford La ...
. Following his admission to the California Bar and brief service as deputy attorney general of California, he joined the civil rights division of the U. S. department of justice, handling voting rights cases in the South. For many years, he was active in the American Association of University of Professors (AAUP).


Career

Following active duty with the
United States Air Force The United States Air Force (USAF) is the air service branch of the United States Armed Forces, and is one of the eight uniformed services of the United States. Originally created on 1 August 1907, as a part of the United States Army Signal ...
, he was appointed to the law faculty of the Ohio State University, advancing to full professor in three years. Van Alstyne was named to Duke's William R. and Thomas S. Perkins Chair of Law in 1974. He held a certificate from
The Hague Academy of International Law The Hague Academy of International Law (french: Académie de droit international de La Haye) is a center for high-level education in both public and private international law housed in the Peace Palace in The Hague, Netherlands. Courses are taugh ...
and has been honored with LL.D. degrees by Wake Forest University and the College of William and Mary. In 1982, Van Alstyne came out against a proposed
constitutional amendment A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, t ...
that would allow for voluntary school prayer, saying it would "install the first seeds of theocracy into our government institutions." In 1987, Van Alstyne was selected in a poll by the New York Law Journal of federal judges, attorneys, and academics, as one of three academics among "the ten most qualified" persons in the country for appointment to the supreme court, a distinction repeated in a similar poll by The American Lawyer, in 1991. Past national president of the American Association of University Professors and former member of the national board of directors of the
American Civil Liberties Union The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
, he was elected into the American Academy of Arts and Sciences in 1994.


Publications

Van Alstyne's body of work included many books,
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articles, and
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testimony. In 1994, he was elected into the American Academy of Arts and Sciences. An article in the January 2000 ''
Journal of Legal Studies ''The Journal of Legal Studies'' is a law journal published by the University of Chicago Press focusing on interdisciplinary academic research in law and legal institutions. It emphasizes social science approaches, especially those of economics, ...
'' found that Van Alstyne was among the top 40 legal scholars in the United States in number of academic
citation A citation is a reference to a source. More precisely, a citation is an abbreviated alphanumeric expression embedded in the body of an intellectual work that denotes an entry in the bibliographic references section of the work for the purpose of ...
s. His work also had been cited by courts, including the Supreme Court of the United States. In a 2012 study published by the University of Michigan Law Review, by Fred Shapiro and Michelle Pearse, "The Most-Cited Law Review Article of All Time," Van Alstyne's "The Demise of the Right-Privilege Distinction in Constitutional Law," 81 Harv. L. Rev. 1439 (1968), was included at number 35.


Testifying in the impeachment of President Clinton

His testimony on the potential
impeachment Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...
of 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 ...
during the impeachment inquiry was quoted with approval by the New York Times opinion page, "This point o strike a balancewas underscored by one of the Republican witnesses, Prof. William Van Alstyne of Duke University Law School. It is ''the prerogative of this Congress,'' he observed, ''to express dismay, despair and condemnation'' by means short of impeachment. Mindful of the likelihood that impeachment would fail, he urged lawmakers to ''struggle to find a suitable means to express your sense of disappointment. That neatly defines the challenge now confronting the members of Congress. There is nothing in the Constitution to keep them from rising to that task."''


Death

He died from heart failure on January 29, 2019, aged 84.


References


External links

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Google Scholar Citations
{{DEFAULTSORT:Van Alstyne, William Warner 1934 births 2019 deaths American legal scholars College of William & Mary faculty Duke University School of Law faculty First Amendment scholars Scholars of constitutional law Stanford Law School alumni University of Southern California alumni Impeachment of Bill Clinton