Pierre N. Leval
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Pierre Nelson Leval (born September 4, 1936) is a 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 ...
. At the time of his appointment by
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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 again ...
in 1993, he was a United States District Judge of the
United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of New York State. Two of these are in New York City: New ...
.


Education

Born in New York City, Leval 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 yea ...
degree from
Harvard College Harvard College is the undergraduate college of Harvard University, an Ivy League research university in Cambridge, Massachusetts. Founded in 1636, Harvard College is the original school of Harvard University, the oldest institution of higher ...
in 1959 and 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 l ...
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 Sou ...
in 1963 from
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each c ...
, where he served as note editor of the ''
Harvard Law Review The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of 143 ...
''.


Career

Leval served in the
United States Army The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, ...
in 1959. He was a
law clerk A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant ...
for Judge Henry Friendly of the United States Court of Appeals for the Second Circuit from 1963 until 1964. Leval was an
Assistant United States Attorney An assistant United States attorney (AUSA) is an official career civil service position in the U.S. Department of Justice composed of lawyers working under the U.S. Attorney of each U.S. federal judicial district. They represent the federal go ...
in the Southern District of New York from 1964 until 1968, serving there as chief appellate attorney from 1967 to 1968. From 1969 until 1975, Leval was in private law practice as an associate and then a partner in the New York firm of Cleary, Gottlieb, Steen & Hamilton. He joined the New York County
District Attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a ...
’s Office in 1975, where he served first as first assistant district attorney, and subsequently as chief assistant district attorney.


Federal judicial service

Leval was nominated by President
Jimmy Carter James Earl Carter Jr. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party, he previously served as th ...
on October 17, 1977, to a seat on the
United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of New York State. Two of these are in New York City: New ...
vacated by Judge
Dudley Baldwin Bonsal Dudley Baldwin Bonsal (October 6, 1906 – July 22, 1995) was a United States district judge of the United States District Court for the Southern District of New York. Early life and background Bonsal was born in Bedford, New York, the son of ...
. 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 po ...
on October 29, 1977, and received commission on October 31, 1977. During his tenure on the Southern District, he presided over the 1985-87 Pizza Connection Trial, a major prosecution against both the
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and
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s and the longest criminal trial in the judicial history of the United States. His service terminated on November 8, 1993, due to elevation to the Second Circuit. Leval was nominated by 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 again ...
on August 6, 1993, to a seat on 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 ...
vacated by Judge
George C. Pratt George Cheney Pratt (born May 22, 1928) is a former United States circuit judge of the United States Court of Appeals for the Second Circuit and in 2013 was listed as a NAFTA adjudicator.https://www.nafta-sec-alena.org/Default.aspx?tabid=96&lang ...
. He was confirmed by the Senate on October 18, 1993, and received commission on October 20, 1993. He assumed senior status on August 16, 2002. Leval was a board member of the
Federal Judicial Center The Federal Judicial Center is the education and research agency of the United States federal courts. It was established by in 1967, at the recommendation of the Judicial Conference of the United States. According to , the main areas of respo ...
from 2002 to 2006.


Other service and awards

Leval was a member of the adjunct faculty of the
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 ...
. He was awarded the Hillmon Memorial Fellowship by the
University of Wisconsin–Madison A university () is an institution of higher (or tertiary) education and research which awards academic degrees in several academic disciplines. Universities typically offer both undergraduate and postgraduate programs. In the United Stat ...
in 1988; the Donald R. Brace Memorial Lectureship by the Copyright Society of the U.S.A. in 1989; the Fowler Harper Memorial Fellowship by
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 & World ...
in 1992; the Melville Nimmer Lectureship by
UCLA The University of California, Los Angeles (UCLA) is a public land-grant research university in Los Angeles, California. UCLA's academic roots were established in 1881 as a teachers college then known as the southern branch of the California ...
Law School in 1997; the
Learned Hand Billings Learned Hand ( ; January 27, 1872 – August 18, 1961) was an American jurist, lawyer, and judicial philosopher. He served as a federal trial judge on the U.S. District Court for the Southern District of New York from 1909 to 1924 an ...
Medal of the Federal Bar Council in 1997; and the
University of Connecticut The University of Connecticut (UConn) is a public land-grant research university in Storrs, Connecticut, a village in the town of Mansfield. The primary 4,400-acre (17.8 km2) campus is in Storrs, approximately a half hour's drive from H ...
School of Law's
Intellectual Property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...
Keynote Lectureship for 2001. He assumed
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 ...
in 2002.


References


External links

* * *"
Toward a Fair Use Standard "Toward a Fair Use Standard", 103 '' Harv. L. Rev.'' 1105 (1990), is a law review article on the fair use doctrine in US copyright law, written by then-District Court Judge Pierre N. Leval. The article argued that the most critical element of the ...
", 103 ''Harv. L. Rev.'' 1105 (1990) (an influential work of scholarship on the
fair use Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests ...
exception to
copyright A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educatio ...
infringement, arguing that the transformativeness of a work, discussed in the first fair use factor, is the most critical element of the fair use analysis) {{DEFAULTSORT:Leval, Pierre Nelson 1936 births Living people 20th-century American judges Assistant United States Attorneys Copyright scholars Harvard Law School alumni Harvard College alumni Judges of the United States Court of Appeals for the Second Circuit Judges of the United States District Court for the Southern District of New York New York University faculty Lawyers from New York City Military personnel from New York City United States court of appeals judges appointed by Bill Clinton United States district court judges appointed by Jimmy Carter People associated with Cleary Gottlieb Steen & Hamilton 21st-century American judges