Mariano-Florentino Cuéllar

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Tino Cuéllar
Mariano Florentino "Tino" Cuéllar.jpg
President of the Carnegie Endowment for International Peace
Assumed office
November 1, 2021
Preceded byBill Burns
Associate Justice of the Supreme Court of California
In office
January 5, 2015 – October 31, 2021
Appointed byJerry Brown
Preceded byMarvin R. Baxter
Succeeded byPatricia Guerrero
Personal details
Born (1972-07-27) July 27, 1972 (age 50)
Matamoros, Mexico
SpouseLucy Koh
Children2
EducationHarvard University (AB)
Yale University (JD)
Stanford University (AM, PhD)

Mariano-Florentino "Tino" Cuéllar (born July 27, 1972) is an American scholar, academic leader, public official, jurist, and nonprofit executive currently serving as the 10th president of the Carnegie Endowment for International Peace.[1] A former Justice of the Supreme Court of California and executive branch official in the Clinton and Obama administrations, he was also the Stanley Morrison Professor of Law at Stanford University and Director of Stanford's Freeman Spogli Institute for International Studies, and he served as Co-Chair of the U.S. Department of Education's Equity and Excellence Commission.[2] His publications address problems in American public law, international affairs and international law, cyberlaw and artificial intelligence, public health and safety law, and institutions and organizations. He was elected to the President and Fellows of Harvard College in February 2019[3] and serves as chair of the board of the William and Flora Hewlett Foundation.[4] He was born in Northern Mexico.[5]

Early life and education[edit]

Cuéllar was born to a Mexican family in Matamoros, Tamaulipas, Mexico. He attended schools in Mexico and the United States, including a Catholic school in Brownsville, Texas. At age 14, he immigrated with his family to Calexico, California, where he attended and later graduated from the local public high school.[6]

He graduated with a Bachelor of Arts magna cum laude from Harvard in 1993, a Juris Doctor degree from Yale Law School in 1997, and a Doctor of Philosophy degree in political science from Stanford University in 2000. When he was in law school, Cuéllar co-founded a not-for-profit organization providing opportunities for students to teach English in under-served communities,[7] and spent summers working at the U.S. Senate and the President's Council of Economic Advisers.[8]

Professional career[edit]

Mariano-Florentino Cuéllar as Director of the Freeman Spogli Institute

After law school, Cuéllar worked at the U.S. Department of the Treasury, and clerked for Chief Judge Mary M. Schroeder on the U.S. Court of Appeals for the Ninth Circuit.[9]

He joined the faculty of Stanford Law School in 2001. He was named Professor of Law and Deane F. Johnson Faculty Scholar in 2007 and Professor (by courtesy) of Political Science in the School of Humanities and Sciences in 2010, and became Stanley Morrison Professor of Law in 2012. At Stanford, he also served as Co-Director of the university's interdisciplinary Center for International Security and Cooperation (CISAC), working with former Los Alamos National Laboratory Director Siegfried Hecker.[10] In February 2013, he was promoted and chosen to succeed former Stanford president Gerhard Casper as Director of the Freeman Spogli Institute for International Studies, Stanford's principal institution for research and education on international affairs, and CISAC's parent organization.[11] During the years he led the Freeman Spogli Institute and CISAC, Cuéllar grew the Institute's faculty, launched university-wide initiatives on global poverty and on cybersecurity, expanded Stanford's role in nuclear security and arms control research and policy, increased support for global health and governance projects, and broadened opportunities for student and faculty research abroad.[12]

Cuéllar is a scholar of public law, complex organizations, and political economy whose research and teaching explore problems in administrative law and legislation, cyberlaw, international affairs, and public health and safety. His publications include: Administrative Law: The American Public Law System (West, 2014; co-authored); Governing Security (Stanford University Press, 2013); and numerous articles on administrative agencies, legislation, regulatory and criminal enforcement, cyberlaw, public health law, law and development, the history of institutions, citizenship and migration, international law, and domestic and international security. He has taught undergraduate, graduate, and law students.[13]

During 2009 and 2010, Cuéllar took leave from Stanford and served as Special Assistant to President Obama for Justice and Regulatory Policy at the White House Domestic Policy Council.[14] While at the White House, he led the Domestic Policy Council's work on criminal and civil justice, public health and safety, and immigration. He was involved in negotiating bipartisan passage of the Fair Sentencing Act, the Food Safety Modernization Act, and the Family Smoking Prevention and Tobacco Control Act, and repeal of the military's Don't Ask/Don't Tell policy.[15] He also coordinated the Food Safety Working Group,[16] a new inter-agency effort revamping federal food safety efforts. Before working at the White House, Cuéllar was a member of the Obama-Biden Transition Project, where he co-directed the working group on immigration, borders and refugee policy.[17]

U.S. Education Secretary Arne Duncan selected Cuéllar to serve as co-chair of the National Equity and Excellence Commission in 2011. On February 19, 2013, the 27-member Commission delivered a unanimous report to the Secretary raising serious concerns about the state of American public education. To reduce the nation's achievement gaps, the report recommended local, state, and federal reforms addressing school finance and efficiency, teaching and learning opportunities, early childhood education, and other areas.[18]

In 2011, Cuéllar was mentioned as a possible candidate for consideration by California Governor Jerry Brown to fill the vacancy on the California Supreme Court created by the retirement of Justice Carlos R. Moreno.[19] Initially, Cuéllar was not interested in a judicial appointment.[20] Brown ultimately nominated Goodwin Liu, who was confirmed to the court that year.

On July 22, 2014, Governor Brown nominated Cuéllar to the California Supreme Court, filling a vacancy created by the retirement of Justice Marvin Baxter.[21] He was given the highest possible rating, "exceptionally well-qualified," by the California State Bar's independent Judicial Nominations Evaluation Commission.[22] On August 28, 2014, the California Commission on Judicial Appointments unanimously confirmed Cuéllar.[23] He was sworn in on January 5, 2015.[24][25] During his tenure, he was mentioned as a potential U.S. Supreme Court nominee to fill the vacant seat following the death of Justice Antonin Scalia.[26]

On September 16, 2021, the Carnegie Endowment for International Peace announced that Cuéllar would succeed William J. Burns as its next president.[27][28] He stepped down from the California Supreme Court before assuming his new position.[29]

Service in universities and philanthropic institutions[edit]

Beginning in 2004, Cuéllar held several leadership positions at Stanford University. In addition to serving as Director of the Freeman Spogli Institute and leading CISAC, he led the Stanford Cyber Initiative, and earlier, the Honors Program in International Security Studies. He served as chair of the board of directors of the Center for Advanced Study in the Behavioral Sciences, and also chaired the board of the Stanford Institute for Innovation in Developing Economies (Stanford Seed) at the Stanford Graduate School of Business.[30] He was Stanford University's principal commencement speaker in 2017.[31] On February 10, 2019, he was elected to the Harvard Corporation (the President and Fellows of Harvard College).[32] He chairs the board of the William and Flora Hewlett Foundation and has been a member of the board since 2014.[33]

Judicial experience[edit]

Cuéllar's official California Supreme Court photo.

Cuéllar served on the Supreme Court of California from January 2015 until November 2021. His record has been described as reflecting a “practical view of the law that shows in both his questions during hearings and in his written rulings.” [34] Cuéllar "wrote some of the court’s highest profile rulings and led an effort to break down language barriers in courthouses throughout the state."[35] His opinions include:

In re Kenneth Humphrey (2021), finding unconstitutional the practice of conditioning an arrested person's freedom solely on whether the person can afford to post bail. [36]

United Auburn Indian Community v. Newsom (2020), holding that California’s Constitution and separation of powers jurisprudence allow the Governor of California to lawfully participate in a cooperative federalism arrangement administered by the U.S. Department of the Interior because of "the Governor's historical practice of concurring under a variety of federal statutes, the legislatively enacted expectation that the Governor represent the state's interests in negotiations or proceedings involving the federal government, and the absence of any explicit constitutional or statutory limits on the Governor's power to concur[.]"[37]

SoCalGas Cases (2019), ruling that businesses impacted by the release of methane and other gases from the massive Aliso Canyon gas leak cannot recover in negligence for purely economic losses, because recovery for such losses generally requires a “special relationship” and “the ripple effects of industrial catastrophe on this scale in an interconnected economy defy judicial creation of more finely tuned rules.”[38]

De la Torre v. CashCall (2018), concluding that interest rates on consumer loans can be so high that they become “unconscionable” and therefore void under California law. [39]

T.H. v. Novartis Pharmaceuticals (2017), finding that a manufacturer of a brand-name drug may be liable for injuries blamed on chemically equivalent generic drugs manufactured by other companies, even if the original manufacturer divests itself of any interest in the brand-name drug. [40]

Association of California Insurance Companies v. Jones (2017), finding that the California Insurance Commissioner has broad authority under the Unfair Insurance Practices Act to establish standards governing estimates of the replacement costs for homes destroyed by wildfires and other threats. [41]

People v. Buza (2018)(dissent), disagreeing with the court majority’s ruling that California could constitutionally impose a requirement, without further judicial process, that all felony arrestees provide DNA samples to the state upon arrest and explaining why California courts have a continuing responsibility to interpret and apply relevant state constitutional provisions even when related federal constitutional provisions exist. [42]

Cleveland National Forest Foundation v. San Diego Association of Governments (2017)(dissent), concluding that San Diego’s multi-decade regional transit plan did not adequately disclose its failure to contribute materially to the achievement of California’s greenhouse gas emissions reduction goals to avert climate change, despite the feasibility of reasonable alternatives that could have achieved greater compliance with California’s climate related goals. [43]

Law reform work[edit]

Before serving in the judiciary, Cuéllar was elected to the American Law Institute (ALI) in 2008 and was elected to the ALI Council in 2014.[44] He has worked on several ALI projects, including Model Penal Code: Sentencing,[45] Principles of Government Ethics,[46] and Restatement Fourth, The Foreign Relations Law of the United States.[47] In July 2010, President Barack Obama appointed[48][49] Cuéllar to the Council of the nonpartisan U.S. Administrative Conference, an independent agency dedicated to improving the efficiency and fairness of federal administrative procedures.[50] From 2010 until his appointment to the judiciary in 2015, he also served on the Board of Directors of The Constitution Project, a bipartisan non-profit organization that builds consensus on constitutional issues affecting the rule of law and criminal justice.[51]

Personal life[edit]

Cuéllar is married to United States Circuit Judge Lucy Koh of the United States Court of Appeals for the Ninth Circuit, and they have two children.[52]

See also[edit]

References[edit]

  1. ^ "About/Our President". Carnegie Endowment for International Peace. Retrieved November 1, 2021.
  2. ^ "Mariano-Florentino Cuéllar, Biography". Stanford Law School. Retrieved May 5, 2020.
  3. ^ "Two Elected to Harvard Corporation". Harvard University. February 11, 2019. Retrieved March 6, 2019.
  4. ^ "Mariano-Florentino Cuéllar Named Board Chair of the Hewlett Foundation". Hewlett Foundation. Retrieved November 15, 2021.
  5. ^ "The Borderless World of Tino Cuellar". Stanford Magazine. September 2013. Retrieved August 20, 2022.
  6. ^ Broder, Ken (July 23, 2014). "California Supreme Court Justice: Who Is Mariano-Florentino Cuéllar?". AllGov.com. Retrieved September 28, 2017.
  7. ^ "History". www.learningenterprises.org. Retrieved October 1, 2016.
  8. ^ "Mariano-Florentino Cuéllar, Curriculum Vita" (PDF). Stanford Law School. Retrieved August 25, 2020.
  9. ^ "Mariano-Florentino Cuéllar, Biography". Stanford Law School. Retrieved May 5, 2020.
  10. ^ "Mariano-Florentino Cuéllar becomes CISAC co-director". Center for International Security and Cooperation. September 5, 2011. Retrieved December 24, 2012.
  11. ^ "Cuellar's Personal Journey Leads Him to the Helm of FSI". Stanford Daily. February 27, 2013.
  12. ^ "Cuéllar Looks Back on Leading FSI". Stanford CISAC News. December 15, 2015.
  13. ^ "Mariano-Florentino Cuéllar, Biography". Stanford Law School. Retrieved May 5, 2020.
  14. ^ "CISAC Faculty Member Mariano-Florentino Cuellar asked to serve on White House Domestic Policy Council". Center for International Security and Cooperation. March 13, 2009. Retrieved December 24, 2012.
  15. ^ "Prof. Mariano-Florentino (Tino) Cuéllar". www.fed-soc.org. Retrieved September 26, 2016.
  16. ^ "Foodborne Illness Victims Meet with White House to Push for Food Safety Reform". Make Our Food Safe. Retrieved December 24, 2012.
  17. ^ "Policy Working Groups". Obama Biden Transition Project. December 2008. Archived from the original on January 5, 2009.
  18. ^ "For Each and Every Child: A Strategy for Education Equity and Excellence" (PDF). U.S. Department of Education, Equity and Excellence Commission. February 2, 2013.
  19. ^ Dolan, Maura (February 14, 2011). "Brown considers an activist for state Supreme Court appointment". Los Angeles Times. Retrieved February 18, 2011.
  20. ^ "Setting Precedent: An Interview with Justice Mariano-Florentino Cuéllar". Contexts: Sociology for the Public. October 25, 2021.
  21. ^ Siders, David (July 22, 2014). "Jerry Brown names law school professor to California Supreme Court". Sacramento Bee. Retrieved July 22, 2014.
  22. ^ Dolan, Maura (August 28, 2014). "Stanford law professor approved for spot on California Supreme Court". Los Angeles Times. Retrieved September 28, 2017.
  23. ^ Egelko, Bob (August 28, 2014). "Panel OKs Mariano-Florentino Cuéllar for California Supreme Court". San Francisco Chronicle. Retrieved September 28, 2017.
  24. ^ "Press release: Governor Brown to Swear In Mariano-Florentino Cuellar and Leondra Kruger to the California Supreme Court". Office of the Governor, State of California. December 22, 2014. Retrieved January 6, 2015.
  25. ^ Egelko, Bob (July 28, 2017). "Why you should care about who will sit on California's Supreme Court". San Francisco Chronicle. Retrieved August 20, 2017.
  26. ^ Tomasky, Michael (February 15, 2016). "The GOP's Worst Nightmare SCOTUS Nominee". The Daily Beast. Retrieved August 18, 2022.
  27. ^ "Tino Cuéllar Named Next Carnegie Endowment President". carnegieendowment.org. Carnegie Endowment for International Peace. Retrieved September 16, 2021.
  28. ^ Crowley, Michael (September 16, 2021). "California Judge Cuéllar to Lead Influential Think Tank". The New York Times. ISSN 0362-4331. Retrieved September 16, 2021.
  29. ^ Twitter (September 16, 2021). "California Supreme Court Justice Mariano-Florentino Cuéllar steps down to head think tank". Los Angeles Times. Retrieved August 18, 2022. {{cite web}}: |last= has generic name (help)
  30. ^ "Associate Justice Mariano-Florentino Cuéllar". California Courts. Retrieved March 6, 2019.
  31. ^ "Prepared text of the 2017 Stanford Commencement address by Mariano-Florentino Cuéllar". Stanford University. June 18, 2017. Retrieved March 6, 2019.
  32. ^ "Two Elected to Harvard Corporation". Harvard University. February 11, 2019. Retrieved March 6, 2019.
  33. ^ "Mariano-Florentino Cuéllar Named Board Chair of the Hewlett Foundation". Hewlett Foundation. Retrieved November 15, 2021.
  34. ^ Dolan, Maura (September 16, 2021). "California Supreme Court Justice Mariano-Florentino Cuéllar Steps Down to Head Think Tank". Los Angeles Times. Retrieved March 3, 2022.
  35. ^ Dolan, Maura (September 16, 2021). "California Supreme Court Justice Mariano-Florentino Cuéllar Steps Down to Head Think Tank". Los Angeles Times. Retrieved March 3, 2022.
  36. ^ Dolan, Maura (March 25, 2021). "California's Top Court Ends Cash Bail for Some Defendants Who Can't Afford It". Los Angeles Times. Retrieved March 17, 2022.
  37. ^ "United Auburn Indian Community of the Auburn Rancheria v. Newsom" (PDF). Supreme Court of California. August 31, 2020. Retrieved March 18, 2022.
  38. ^ Solis, Nathan (May 30, 2019). "No Recovery for Lost Profits in Massive LA Methane Leak". National Law Review. Retrieved March 17, 2022.
  39. ^ Koren, James (August 13, 2018). "Can Consumer Loans Ever be so Expensive they Break the Law? The California Supreme Court Says Yes". Los Angeles Times. Retrieved March 17, 2022.
  40. ^ Raymond, Nate (December 21, 2017). "California Court Says Novartis can be Sued Over Generic Drug Injuries". National Law Review. Retrieved March 17, 2022.
  41. ^ Wood, Daniel (February 7, 2017). "California Supreme Court Denies Insurance Industry's Attempt to Deregulate Insurance in California". National Law Review. Retrieved March 17, 2022.
  42. ^ Egelko, Bob (April 2, 2018). "Court Leaves California Law on DNA Collection Alone". National Law Review. Retrieved March 17, 2022.
  43. ^ Kidd, Karen (August 2, 2017). "SANDAG 2011 Review on Emissions Said to Ignore 'Elephant in the Room'". Northern California Record. Retrieved March 17, 2022.
  44. ^ American Law Institute – List of Officers and Council Archived September 25, 2012, at the Wayback Machine
  45. ^ Model Penal Code: Sentencing – List of Project Participants. American Law Institute "The American Law Institute - Model Penal Code: Sentencing Members--". Archived from the original on April 15, 2014. Retrieved April 14, 2014.
  46. ^ Principles of Government Ethics – List of Participants. American Law Institute. Retrieved September 28, 2017.
  47. ^ Restatement Fourth, The Foreign Relations Law of the United States – List of Project Participants. American Law Institute "The American Law Institute - Restatement Fourth, the Foreign Relations Law of the United States Members--". Archived from the original on April 7, 2014. Retrieved April 23, 2013.
  48. ^ "President Obama Announces More Key Administration Posts, 7/8/10". Obama Whitehouse Archive. July 8, 2010. Retrieved September 28, 2017.
  49. ^ "Mariano-Florentino Cuellar to be appointed to the Council of the Administrative Conference of the United States". FSI Stanford. July 9, 2010. Retrieved December 24, 2012.
  50. ^ "The Conference". ACUS. Retrieved December 24, 2012.
  51. ^ "Directors and advisors". The Constitution Project. Retrieved December 24, 2012.
  52. ^ Kristen V. Brown: In Silicon Valley, Lucy Koh is the law, SFGate, August 10, 2014

Select publications[edit]

Books[edit]

Selected articles[edit]

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External links[edit]

Legal offices
Preceded by Associate Justice of the Supreme Court of California
2015–2021
Succeeded by