Kim McLane Wardlaw

Kim Wardlaw
Judge of the Court of Appeals for the Ninth Circuit
Incumbent
Assumed office August 3, 1998
Nominated by	Bill Clinton
Preceded by	John Wallace
Judge of the District Court for the Central District of California
In office December 26, 1995 – August 3, 1998
Nominated by	Bill Clinton
Preceded by	David Kenyon
Succeeded by	Percy Anderson
Personal details
Born	July 2, 1954 (1954-07-02) San Francisco, California, U.S.
Political party	Democratic Party
Alma mater	University of California, Los Angeles

Kim McLane Wardlaw (born July 2, 1954) is a federal judge on the United States Court of Appeals for the Ninth Circuit, with chambers in Pasadena, California.

Education and legal training

Wardlaw earned a bachelor's degree in communications, summa cum laude and Phi Beta Kappa, from UCLA in 1976. She received a law degree from the UCLA School of Law in 1979, graduating fifth in her class and receiving the Order of the Coif.^{[citation needed]} She worked as a law clerk for Judge William P. Gray of the Central District of California and a legal extern for Judge Joseph Tyree Sneed III of the Court of Appeals for the Ninth Circuit.

Career as a lawyer

Wardlaw joined the law firm of O'Melveny & Myers in 1980 as an associate, and worked at the firm for sixteen years, the final ten as a partner in the litigation department.

Federal judicial service

President Clinton nominated Wardlaw to the United States District Court for the Central District of California on August 10, 1995. The Judiciary Committee unanimously approved her nomination, and the Senate confirmed Wardlaw on December 22, 1995, by unanimous consent.

Clinton nominated Wardlaw to the Ninth Circuit on January 27, 1998. The Judiciary Committee approved her nomination 17-1, and the Senate again confirmed her nomination by unanimous consent on July 31, 1998.

Political campaigning

Wardlaw volunteered for the Bill Clinton's Presidential Campaign in California during the 1991-1992 election season, and later served on the Clinton-Gore Presidential Transition Team working with the United States Department of Justice. She was an elected delegate from the California's 27th congressional district to the 1992 Democratic National Convention. In 1993, Wardlaw served on the Executive Committee on Debate Preparation for the Riordan for Mayor Campaign. After volunteering for Richard Riordan's successful campaign for Mayor of Los Angeles, she worked as his Government Liaison during the mayoral transition.

Awards

• "2010 Women of Excellence Award" by YMCA Pasadena-Foothill Valley
• "2010 La Raza Alumna of the Year Award" by UCLA La Raza Law Students Association
• "2009 Ernestine Stalhut Award" by Women Lawyers Association of Los Angeles
• "2008 Judicial Award" by Hispanic National Bar Foundation
• “2005 Maynard Toll Award for Distinguished Public Service” by Los Angeles Legal Aid Foundation
• “2004 Alumni of the Year Award for Public and Community Service” by UCLA Law School
• “2001 Professional Achievement Award” by Mexican American Bar Foundation
• "2000 Honorary Doctor of Humane Letters by Mount St. Mary's College
• "1995 Buddy Award" by National Organization for Women Legal Defense and Education Fund
• "1995 100 Most Prominent Business Attorneys in Los Angeles County” by Los Angeles Business Journal
• "1993 Top 25 Lawyers Under 45" by California Law Business Journal

Publications

• Kim McLane Wardlaw, Umpires, Empathy, and Activism: Lessons from Judge Cardozo, 85 Notre Dame L. Rev. 1629 (2010)
• Kim McLane Wardlaw, Introduction, 40 Golden Gate U. L. Rev. 293 (2010)
• Contributing Author, The Encyclopedia of the American Constitution (MacMillan 1986)
• Comment, Access to State-Owned Communications Media--The Public Forum Doctrine, 26 UCLA L. Rev. 1410 (1979)

Notable Opinions

Network Automation Inc. v. Advanced Systems Concepts Inc., __ F.3d __ (9th Cir. 2011): Reversed the district court's grant of a preliminary injunction based on its improper rigid application of the "Internet trinity" factors from AMF Inc. v. Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979), to determine the likelihood of consumer source confusion in the Internet context.

Human Life of Washington v. Brumsickle, 624 F.3d 672 (9th Cir. 2010): Held that the requirements of Washington state's Disclosure Law did not violate the First Amendment because they were substantially related to the important state interest of providing information to the electorate, and that interest was not diminished in the ballot initiative context.

Bryan v. McPherson, 590 F.3d 767 (9th Cir. 2009): Affirmed a district court’s denial of a police officer’s motion for summary judgment in a lawsuit alleging excessive force, holding that tasers are an intermediate, significant level of force that must be justified by a strong government interest compelling the use of such force.

Stormans, Inc. v. Selecky, 586 F.3d 1109 (9th Cir. 2009): Reversed a preliminary injunction enjoining enforcement of state regulations that required pharmacies to deliver lawfully prescribed FDA-approved medications.

Card v. City of Everett, 520 F.3d 1009 (9th Cir. 2008): A monument displaying the Ten Commandments on city land did not constitute an establishment of religion in violation of First Amendment.

Redding v. Safford Unified School Dist. No.1, 531 F.3d 1071 (9th Cir. 2008) (en banc), aff'd in part, 129 S.Ct. 2633 (2009): School officials violated the Fourth Amendment by strip-searching a thirteen-year-old female student for prescription-strength ibuprofen.

Hovey v. Ayers, 458 F.3d 892 (9th Cir. 2006): Reversed defendant’s capital sentence due to ineffective assistance of counsel during the sentencing phase where counsel failed to investigate and notify the testifying psychiatrist of critical mitigating facts regarding defendant’s mental health history.

Fortyune v. American Multi-Cinema, Inc., 364 F. 3d 1075 (9th Cir. 2004): Movie theaters have a responsibility under the Americans with Disabilities Act to make reasonable accommodations to ensure that wheelchair-bound patrons can sit with their companions.

Ramirez v. Castro, 365 F.3d 755 (9th Cir. 2004): Defendant’s 25-years-to-life sentence under California's “Three Strikes” law for a third shoplifting offense was grossly disproportionate to the crime committed and thus violated the Eighth Amendment.

Altmann v. Republic of Austria, et al., 327 F.3d 1246 (9th Cir. 2003): The Austrian government was subject to jurisdiction under the expropriation exception of the Foreign Sovereign Immunities Act in plaintiff’s lawsuit to recover paintings stolen from her family by the Nazis.

Washington Legal Foundation v. Legal Foundation of Washington, 271 F.3d 835 (9th Cir. 2001) (en banc): A Washington state program that applies interest earned on mandatory client trust accounts to various charitable purposes is not a compensable taking of client property within the meaning of Fifth Amendment.

See also

• Barack Obama Supreme Court candidates

External links

• Kim McLane Wardlaw at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.
• Interview with the legal tabloid Underneath Their Robes (2004)
• Ms. JD Profile (2007)

References

Legal offices
Preceded by David Kenyon	Judge of the District Court for the Central District of California 1995–1998	Succeeded by Percy Anderson
Preceded by John Wallace	Judge of the Court of Appeals for the Ninth Circuit 1998–present	Incumbent