Hans A. Linde

Hans Arthur Linde (April 15, 1924 – August 31, 2020) was a German Jewish American legal scholar who served as a justice of the Oregon Supreme Court from 1977 to 1990.

Linde was born on April 15, 1924, in Berlin, Germany, to Bruno Cohn Linde, attorney and arbitrator, and Luise Linde (née Rosenheim).

The Linde family was Jewish.

Born in Berlin, Germany, Justice Linde relocated with his family to Denmark in 1933, and then immigrated to Portland, Oregon, in 1939.

Hans Linde attended school in Berlin, Germany and Copenhagen, Denmark until his family moved to Portland, Oregon, in 1939.

Linde married Helen Tucker on August 13, 1945.

After serving in the United States Army during World War II, he received a B.A. from Reed College in 1947 and a J.D. at UC Berkeley School of Law in 1950.

He attended Lincoln High School in Portland, and earned a B.A. from Reed College in 1947, after army service in World War II, and a J.D. from UC Berkeley School of Law in 1950.

A compilation of his writings from 1947 to 1992 is set out in 70 Oregon Law Review xv-xix (1991).

He was a member of Phi Beta Kappa, Order of the Coif and served as the editor-in-chief of the California Law Review (1949–1950) (see Notes, 36 Cal. L. Rev. 628 (1948) & 37 Cal. L. Rev. 129 (1949)).

Linde served as law clerk to U.S. Supreme Court Justice William O. Douglas (1950–51), as attorney in the Office of the Legal Adviser to the United States Department of State (1951–53), and as legislative assistant to Oregon Sen. Richard L. Neuberger (1955–58).

He was admitted to practice law in Oregon in 1950.

Linde was a clerk for Supreme Court Justice William O. Douglas (1950–51), during which time the Court handed down Dennis v. United States and Feiner v. New York.

He then worked as an attorney in the Office of the Legal Adviser to the Department of State and Adviser to the United States Delegation to the United Nations General Assembly (1951–53).

Linde was associate professor and professor of law at the University of Oregon School of Law in 1954 and 1959–76 and was a visiting professor at University of California, Berkeley, University of California, Los Angeles, Stanford University, New York University, and University of Texas at Austin, and a Fulbright lecturer in Freiburg and Hamburg, as well as at Willamette University College of Law in Salem.

Linde was associate professor and professor of law at the University of Oregon in 1954 and 1959–76, and has been a visiting professor in the law schools at U.C.L.A., Stanford, New York University, University of Texas, and a Fulbright lecturer in Freiburg and Hamburg, as well as at Willamette University.

His publications include a coursebook in Legislative and Administrative Processes and more than 100 articles, lectures, and reviews.

They are the parents of Lisa (1955) and David Linde (1960).

Afterwards he was a Legislative Assistant to U.S. Senator Richard L. Neuberger (1955–58).

Linde, "Constitutional Law: 1959 Oregon Survey," 39 Oregon Law Review 138 (1960)

He was a member of Oregon's Commission on Constitutional Revision in 1961–63, and also served on the Oregon Law Commission until 2009.

He was an emeritus member of the Council of the American Law Institute and a fellow of the American Academy of Arts and Sciences.

Linde, "Constitutional Rights in the Public Sector: Justice Douglas on Freedom in the Welfare State," 39 Washington Law Review 4 and 40 Washington Law Review 10 (1965) (pts 1 & 2)

Linde, "Clear and Present Danger Reexamined: Dissonance in the Brandenburg Concerto," 22 Stanford Law Review 1163 (1970)

Linde, "Campus Law: Berkeley Viewed From Eugene," 54 California Law Review 40 (1966)

Linde, "Comment on Powell v. McCormack," 17 UCLA Law Review 174 (1969)

Linde, "Replacing a President: Rx for a 21st Century Watergate," 43 George Washington Law Review 384 (1975)

H. Linde & G. Bunn, Legislative & Administrative Processes (Foundation, 1976) (2nd ed., 1982)

He served on the Oregon Supreme Court from 1977 to 1990.

Justice Linde served on the Oregon Supreme Court from 1977 to 1990.

He was appointed by Governor Robert W. Straub to a term beginning January 3, 1977, and was elected in 1978 and re-elected in 1984.

Brodie & Linde, "State Court Review of Administrative Action: Prescribing the Scope of Review," 1977 Arizona State Law Journal 537

Linde, "A Republic if You Can keep It," 16 Hastings Constitutional Law Quarterly 295 (1989)

He retired from the court on January 31, 1990, and taught at Arizona State University Law School post-retirement.

Linde, "Are State Constitutions Common Law?," 34 Arizona Law Review 215 (1992)

Linde, "The State and the Federal Courts in Governance: Vive la Difference!," 46 William & Mary Law Review 1273 (2005)

Linde, "Who Is Responsible for Republican Government?," 65 University of Colorado Law Review 709 (1994).

In 2017, Justice Linde was named Legal Citizen of the Year by the Classroom Law Project.

Linde died in Portland, Oregon, on August 31, 2020, at the age of 96.

See also Ronald Collins, Jennifer Friesen & Rex Armstrong, "No better champion of the law," The Register Guard (Sept. 28, 2020) (3 former Linde law clerks)