Collection Summary

Creator: Lively, Pierce
Title: The Papers of Judge Pierce Lively
Accession: MSS 98-2
Description: 50 boxes; 21 linear feet
Location: SC - Basement
Photograph Collection: View 0 digitized photographs
Digitized Content: 0 objects

Collection Description & Arrangement

Judge Pierce Lively donated his papers to the University of Virginia Law Library in January of 1998. In a letter dated January 22, he described the papers he was sending to the library:

... the office files [contain] cases in which I wrote either a majority or dissenting opinion. There are relatively few case files from the earliest years of my tenure on the court, because many of my files of that period were discarded routinely.  More recently, since it has come to my attention that the archives would be interested, I have retained many more files.  These files, while varying importance, serve to illustrate the broad range of subject matter dealt with by the United States Court of Appeals.  The files also illustrate my particular way of working.  Each file contains my notes at the hearing and most contain both a pre-hearing and a post-hearing memorandum by a law clerk.  I wrote by hand a draft of each opinion and after it was typed out, a copy was given to a law clerk who worked with me in producing the final draft...

I did not include case files from any of the cases where the court issued an unpublished opinion. As our docket grew, we considered more and more cases without oral argument and these usually produced unpublished opinions.  The cases in which we issued such unpublished opinions were usually quite routine and repetitive or were totally fact-specific.

While he served on the bench, Judge Lively performed many administrative duties for his circuit, as well as for the Judicial Conference. For the latter, he served on the Advisory Committee on Federal Rules for Appellate Procedure (FRAP) and the Standing Committee of Rules of Practice and Procedure. The Sixth Circuit administrative work as well as these committee activities are documented in the collection.

Organization

The Lively Papers have been kept in the order in which they were received, and his folder headings have been preserved. The 50 boxes (21 linear ft) of files are organized in these groups:

  • Selected Case Files, 1972-97, Boxes 1-32, including Mozert v. Hawkins County Board of Education, a book banning case which alleged violation of First Amendment rights to exercise of religion; Detroit Police Officers’ Association v. Young, and affirmative action case; City of Akron v. Akron Center for Reproductive Health, Inc., an abortion case which addressed the state’s ability to regulate the abortion procedure; and Demjamjuk v. Petrovsky, the case concerning the deportation to Israel of an alleged Nazi prison guard.
  • Sixth Circuit Administrative Files, predominantly 1980s, Boxes 32-40, organized by the judge into these categories: general administrative, court and council meetings, chief judge - general, and chief judge - bankruptcy.
  • Judicial Conference, Boxes 41-47, arranged in three categories: General, 1976-9; Standing Committee on Rules of Practice and Procedure, 1987-89; and Advisory Committee on Federal Rules of Appellate Procedure, 1979-90.
  • Correspondence, Speeches, etc. and Miscellany, 1973-97, Boxes 47-49
  • Published Materials, 1984-89, Box 50.

 

Biographical & Historical Information

Judge Pierce Lively was born in Louisville, Kentucky, August 17, 1921 to Ruby Keating and Henry Thaddeus Lively, a lawyer.  He studied Centre College in Danville, where he graduated magna cum laude with a B.A. in History and English Literature. From 1943 to 1946 he served in the U.S. Navy and while in service married his college sweetheart, Amelia Harrington.   After the war he studied law at the University of Virginia where he served on the editorial board of the Law Review and received the honors of membership in the Order of the Coif and the   Raven Society.

After graduating in 1948, he returned to Kentucky.  He first clerked for U.S. Sixth Circuit Judge Shackelford Miller, Jr. in Louisville, and then settled in Danville where he practiced law for twenty-two years. In 1958 he formed a partnership with Nelson Rhodes, and together they specialized in litigation, tax law and business counseling.  At one point Lively sat as a special trial judge of the Boyle Circuit Court during the illness of Judge Kendrick S. Alcorn. Aside from his law practice Lively served the community in a number of other ways.  In 1952 he joined the Board of Trustees of Centre College, and has since been appointed a trustee for live. During the sixties and seventies, he was a member of the biracial Human Relations Council, The Kentucky Commission on economy and Efficiency in Government, and the Kentucky Judicial Advisory Committee.

On September 12, 1972, he was appointed by President Nixon to the Sixth Circuit Court and served as chief judge of that court from 1983 to 1998. At the time of his retirement Lively noted that a number of the cases he heard were “pacesetting” cases in areas such as abortion rights, affirmative action, desegregation, environmental protection, free speech and separation of church and state. A former law clerk, J. Kevin Buster, characterized Lively as “an old- fashioned Republican. He’s for the little guy, for individual rights, [and] established himself as a fiery defender of civil liberties, using his power to restrain governments and religions from forcing themselves on individuals.” In Lively words: “Some of the worst abuses in human history have been committed by governments in the name of religion.  Our Founding Fathers wisely understood this and acted to prevent it, in no uncertain terms, in the Constitution.” [Lexington Herald-Leader, A12, January 4, 1998] 

Judge Lively was a role model for his clerks and staff in 1989 when his portrait was presented to the Court in Cincinnati, his former law clerk Kay Randall spoke at the ceremony.  She concluded her remarks by saying, “Judge Lively continues to demonstrate all of those qualities which so impressed me as a young clerk: integrity, experience, judicial temperament, scholarship, and a love of the law, and also the human qualities of fairness, compassion and patience.  With all these qualities, the Judge has earned our respect and admiration.” [946 F.2d cxxiv]

 

Acquisition Information

Date Received 1998
Donor Information Judge Pierce Lively donated his papers to the University of Virginia Law Library in January of 1998.

Content List

Box 1:

  • 1991-1992; Adkins, Margie Jo v. Board of Education of Magoffin County, Kentucky and Carter Whitaker as superintendent. No. 91-6353. [Civil rights]
  • 1991; Aetna Life and Casualty Co. v. Huntington National Bank. No 90-3047. [Fraud]
  • 1980: Akron Center for Reproductive Health v. City of Akron. Nos. 79-3700/01 and 79-3757 [3 folders] [Abortion]
  • 1990; Allstate Insurance Company v. Mercier, Mair and others. No.89-1889. [Ability]
  • 1986; American Civil Liberties v. City of Birmingham. No. 84- 1637. [First amendment, Christmas decorations]

Box 2:

  • 1982; American Fidelity Bank & Trust Co., et al v. John Heimann, Comptroller, et al. No. 81-5316. [Establishment of a bank branch]
  • 1987-1988; Americans United for Separation of Church and State, et al, Phyllis Ball, et al v. The School District of the City of Grand Rapids, et al. No. 86-1860. [Attorneys’ fees]
  • 1992; Americans United for Separation of Church and State, et al v. City of Grand Rapids v. Chabad House of Western Michigan, Inc. Nos. 90-2337, 91-1448; 91-1391. [Free speech]
  • 1990-1993; Americans United for Separation of Church and State, Benjamin Baum, Phillis Ball, Walter Bergman; John Charles Bearden; Gilbert R. Davies and James T. Weaver v. City of Grand Rapids, MI, Chabad House of Western Michigan, Inc. Nos. 90-2337, 91-1391 II. [Free speech]
  • 1989-1990; The Anspec Company, Inc. And Hugh Montgomery v. Johnson Controls, Inc., Hoover Universal, Inc., Hoover Group, Inc. And Ultraspherics, Inc. No. 89-2393. [Merger]

Box 3:

  • 1994-1995; Anusbigian, Michael K. v. TrueGreen/Chemlawn, Inc. No. 94-1875. [Damages]
  • 1989; Re: Arkamel Sales v. R. C. Marshall, et al and William Hunter v. Huey Blair, et al. Nos. 87-3568/88 -3411/87-415. [Allocation of costs]
  • 1984; Austin, Amy v. Brown Local School District, et al. No. 83-3384. [Rehabilitation Act]
  • 1993-1996; Baca, Antonio J. v. Bruce King, et al. No.94-2237. [Review under Administrative Procedure Act of Land Exchange]
  • 1992; Bank One v. Woolum. No.92-5107. [Bankruptcy]
  • 1975; Big Rivers Electric Corporation, et al v. EPA [Environmental Protection Agency] No.74-201; Tennessee Valley Authority v. EPA. No. 74-2020. [Environmental case]
  • 1976; Blaylock, Gary, et al v. Cheker Oil C. Nos. 76-2149 and 76-2294. [Contempt of court]
  • 1987; Boddy, Pinkie v. Charles Dean et al. No.85-6109. [Sexual discrimination]
  • 1991; Boger, Diane v. Wayne County, MI, Vernice Davis-Anthony. No. 91-1222. [Employee involuntary transfer]

Box 4:

  • 1988; Boyton v. TRW, Inc. No. 83-1773. [Employment]
  • 1975; Bronson, Mona et al v. Board of Education of City School District of Cincinnati, et al. No.75-1244. [Desegregation of schools]
  • 1982; Bronson, Mona et al v. Board of Education of City School District of Cincinnati, et al. No.82-3405/06/07. [School desegregation]
  • 1992; Buck v. U.S. Department of Agriculture.No.91-3597. [Lack of prosecution]
  • 1982; Butler, Robert C. v. Jim Rose, warden. No.80-1412. [Rape appeal]
  • 1988; Calvert Investments v. Louisville & Jefferson County Sewer, et al. No. 87-5275. [Property rights]

Box 5:

  • 1973; Cantrell, Margaret v. Forest City Publishing. No. 73-1081. [Damages for invasion of privacy]
  • 1989; Carver v. Knox County v. Ned Ray McWherter, et al. No. 89-5341. [Conditions of confinement in penal facilities]
  • 1992-1994; Charash, Helen v. Oberlin College. No. 92 39-52. [Wrongful detention of property]
  • 1991; In Re: Chattanooga Wholesale Antiques, Inc., Still v. Rossville Bank. Nos. 89-6416/17. [Appeal]
  • 1990; Cherokee Express v. Cherokee Express. No.90-1233. [Appeal]
  • 1992-1993; Circuit City Store, Inc. v. Pioneer Investment Services Co. No. 92-5566. [Bankruptcy]
  • 1987; Cleveland Newspaper Guild v. Plain Dealer Publishing, No. 86-3140. [Employment discrimination]
  • 1992-1993; Cline, Boyd L. v. USA. No. 92-1139. [Taxes]

Box 6:

  • 1982; Coastal Tank Lines, Inc. v. ICC. [Interstate Commerce Commission. No. 81-3292. [Motor Carrier Act of 1980]
  • 1992-1993; Congregation Luvavitch Rabbi Shalom B. Kalmanson v. City of Cincinnati, No. 92-4016. [Constitutional challenge to city’s attempt to regulate by ordinance]
  • 1989; Cottages Savings Association v. Commissioners of Internal Revenue. No. 89-1036. [Loss deductions]
  • 1988; Dalm, Frances L. v. USA. No. 88-1079. [Taxes]
  • 1984; Day, James v. Wayne county Board of Auditors, et al. No. 83-1378. [Employment discrimination]

Boxes 7-12:

  • 1985, 1992; Demjanjuk, John v. Joseph Petrovsky, et al. No. 85-3435. [Extradition]

Box 13:

  • 1989-1990; Desonier v. Sullivan, Secretary of Health and Human Services. No. 89-1167. [Social security]
  • 1979; Detroit Police Officers Association, et al v. Coleman A. Young, Mayor of the City of Detroit, et al. No. 78-1163. [Affirmative action]
  • 1983; Detroit, Toledo and Ironton Railroad Company and Grand Trunk Western v. Consolidated Rail Corporation. No. 82-1890. [Dispute about jurisdiction]
  • 1985; Detroit, Toledo and Ironton Railroad Company and Grand Trunk Western v. Consolidated Rail Corporation. No. 8413-67. [Dismissal without prejudice]
  • 1979-1980; Doe, Joe and Jane, Thomas B. Grost and Cora Grost v. Cathy E. Irwin, et al. No. 78-1056. [Distribution of contraceptives to minors]
  • 1983; Dowling, Steven et al v. Richardson-Merril, Inc. Nos. 82-3617-28. [Right of action for prenatal injuries]
  • 1973; Dunlop Co. v. Kelsey - Hayes Co. No. 72-1892/3. [Patent]

Box 14:

  • 1988; Duvoisin v. Federal Deposit Insurance Corporation. Nos. 87-6102/03/04. [Appeal to determine limits of the jurisdiction of district courts over cases to which the FDIC is a party]
  • 1992-1993; Echlin, Raymond Joseph, Ronald Bishop, Donald Johnson v. Robert LeCureux. Nos. 92-2009/92-2539. [Conspiracy to murder]
  • 1974-1977; Equal Employment Opportunity Commission v. The Detroit Edison Co. Nos. 74-1007/08/09 and 74-1675. [Discrimination]
  • 1989; Estate of Minnie Hale v. USA. No. 88-5711. [Taxes return]
  • 1976-1977; Ewing, John et al v. Kentucky High School Athletic Association. No. 77-0021. [Student athletic participation]
  • 1990; Friedreich, Michael J. v. Secretary of Health and Human Services. No. 89-3236 [Claimant’s right to reimbursement, Medicare Act]
  • 1987; Farmer, Laura v. Lawrence Rogers. No. 86-4114. [Black lung benefits]

Box 15:

  • 1992; Fausek, Thomas A. J. v. Robert E. White. No. 91-6087. [Attorney client privilege]
  • 1994-1995; Federal Deposit Insurance Corporation v. Prince George Corporation, et al. No. 94-2161. [Right to a deficiency judgement]
  • 1996-1997; Federal Deposit Insurance Corporation v. William K. Rahn and Franklin H. Smith, et al. No.96-1207. [Costs and attorney fees]
  • 1994-1996; Ferndale Laboratories, Inc. v. Robert D. Cavendish, et al Members of the Ohio State Board of Pharmacy. No. 94-4108. [Violation of commerce clause]
  • 1994-1995; Foy, Cynthia D. v. City of Berea, Oh., James H. Hinners, et al. No.94-3200 [Police encounter]
  • 1993-1994; Gamma-10 Plastics, Inc. v. American President Lines, Ltd., American President Companies, Ltd. Nos. 93-3285/3286/ 94-1190. [Maritime case]
  • 1975; Garrett, Sarah Sims, et al v. City of Hamtramck, et al. No. 75-2114 [”Miscellaneous matter”]

Box 16:

  • 1974; Garrett, Sarah S. et al v. U.S. Department of Housing and Urban Development, et al. No. 73-1862. [Civil rights]
  • 1987; Gaunlett, Roger v. Frank Kelley. No. 87-1488 [Criminal sexual conduct]
  • 1986; Glen Back v. Benefits Review Board. No. 85-3466. [Black lung benefits]
  • 1984; Glen Eden Hospital v. Blue Cross-Blue Shield. No. 83-1165. [Antitrust]
  • 1978; Gordon, Harold v. City of Warren, MI. No. 76-2204. [Damages]
  • 1983; In Re: Grand Jury Empaneled March 18, 1983. No. 83-5508. [Subpoena order to produce documents]
  • 1997; Green, Rose Mary et al v. Larry Nevers, et al. Nos. 95-1940/41. [Wrongful death action, attorneys fees]
  • 1986; Grier, Rita v. Lamar Alexander. No. 84-6055. [Desegregation of higher education in Tennessee]

Box 17:

  • 1978; Hall, Hattie v. HEW. No. 77-1148. [Black lung claim]
  • 1993-1994; Harris, John v. City of Akron, et al. No. 93-3056. [Real estate damages]
  • 1995-1996; Harrison, Robert Dale v. Metropolitan Government of Nashville and Davidson County, TN and Board of Health. No.94-6042. [Discrimination]
  • 1992; Heflin, Allen D. et al v. Stewart County, TN, David Hicks, Joe Henry Crutcher and Wanda Luffman. No. 90-6585. [Damages]
  • 1981; Hill, Donald and Ronald v. The Duriron Company, Inc. No. 79-3635. [Alleged discriminatory discharge]
  • 1976; Howe, Delbert et al v. Margarite Younger, et al. No. C76-0353 L(4). [Dismiss of complaint of constitutional deprivations]
  • 1992-1993; Charter Township of Huron, MI v. Thomas C. Richards, Administrator of the Federal Aviation Administration, et al, City of Dearborn, MI v. Richards, et al. Nos. 92-3276, 92-1717. [Review of an order of the Federal Aviation Administration]

Box 18:

  • 1972; International Brotherhood of Electrical Workers, Local 369 & Jesse Horges v. Olin Corporation. No. 72-1386. [Reinstallment of payment]
  • 1994-1996; International Union, United Automobile Aerospace & Agricultural Implement Worker of America, Local 737; Martha Poston; Virginia Ligon; et al v. Auto Glass Employees Federal Credit Union; National Credit Union Administration Board, et al. Nos. 94-6349/6351. [Contracts]
  • 1989; Jackson, Robert and Robert Gettys v. The Law Firm of O’Hara et al. No. 8805634. [Malpractice]
  • 1983; Jet Courier Service, et al v. Federal Reserve Bank of Atlanta, et al. No. 83-3128 [Check collection services modification]
  • 1983; Jones, Doyle v. Al C. Parken, Warden. No. 83-5097. [Guilty plea]
  • 1972-1973; In the Matter of KDI Corporation. No. 72-1485. [Bankruptcy]
  • 1992-1993; Kelly, Michael P. and John T. Kelly v. The Secretary, US Department of Housing and Urban Development and Dionne Staples. No. 92-4064. [Housing discrimination]
  • 1995-1996; Kelly, Michael P. and John T. Kelly v. The Secretary, US Department of Housing and Urban Development and Dionne Staples. Nos. 95-3107/4141. [Housing discrimination]

Box 19:

  • 1977; Krause, Arthur et al v. James Rhodes, et al. No. 76-1095. [Damages arising out of the events at Kent State University]
  • 1993; Landgraf, Patricia v. McDonnell Douglas Helicopter Co., et al. No.92-5631. [Wrongful dead]
  • 1986; Leaman, Mary v. Ohio Department of Mental Retardation. No. 85-3471 [Termination of employment]
  • 1995-1996; Lochman, Carl; Elaine Lochman in behalf of Kelly and Kyle Lochman v. County of Charlevoix, MI. and Philo Sumner. No. 95-1930. [Rivers and Harbors Appropriation Act of 1899]
  • 1987; In Re: Long Distance Telecommunications Litigation. Nos. 85-1684 and 86-1599
  • 1993-1994; Mackey, Wendell Shane v. Dennis Dyke, Assistant Deputy Director of the Bureau of Correctional Facilities, MI. No. 93-1891. [Violation of inmates due process rights]

Box 20:

  • 1994-1995; Malone & Hyde, Inc. and Subdividers v. Commissioner of Internal Revenue. No. 94-1607. [Income tax]
  • 1990; Mallory v. Eyrich. No. 90-3558. [Emergency appeal]
  • 1996-1997; Mararri v. WCI Steel, Inc. No. 46-4195. [Americans with Disabilities Act]
  • 1989; 1989; Masters, Karen B. v. Bobby C. Crouch, et al. No. 88-5477. [Constitutional violations]
  • 1995-1996; In Re: Robert C. McCafferty, Debtor v. Marion McCafferty. No. 95-3919 [Pension of husband in a divorce decree]
  • 1986; Estate of A. McCoy v. Commissioner of Internal Revenue. No. 86-1008. [Forgiveness]
  • 1995-1997; McPhearson, Douglas C. and Connie K. v. Arthur T. Kelsey, Thomas Scott and Richard Boushong, Steve Sowle and G. Michael Hocking. No. 95-2234/ 2269/ 96-1017. [Civil rights action]

Box 21:

  • 1988; Michigan Road Builders Association v. William G. Milliken. No. 86-1239 (2 folders) [Michigan Minority Owned and Women Owned Business Act Case]
  • 1995-1996; Monette, Roger and Doris v. Electronic Data Systems Corporation. No. 95-1114. [Discrimination on the basis of disability]
  • 1985; In Re: Morgansten , David and Fred Grand Jury Proceedings. No. 84-5235. [Fifth Amendment Privilege against self-incrimination]
  • 1989-1990; Mosley, Phillis v. Roland Hairston, Director of Ohio Department of Human Services, et al. Nos. 89-3473/3475. [Liability of state official for the payment of “pass through” or “disregard” payments under Aid to Families with Defendant Children (AFDC)]
  • 1991; Moses v. Business Card Express, Inc. No. 90-1496. [Review of law clauses into franchise agreement]

Box 22:

  • 1987; Mozert, Bob and Alicia v. Hawkins County, TN Board of Education. Nos. 86-6144/79, 86-6180, 87-5024. (4 folders) [Free Exercise Clause of First Amendment]
  • 1973; National Steel Corporation v. Kinsman Marine Transit. No. 73-1686. [Admiralty case]
  • 1983; Nichols, Roland and Gaylene v. Toledo Equipment Company, Inc. No. 82-1513. [Injury]
  • 1980; NLRB [National Labor Relations Board] v. Unit Train Coal Sales, Inc. No. 79-1145. [Violation of National Labor Relations Act]

Box 23:

  • 1992-1994; Ockerman, Fred v. May Zima Company, et al. Nos. 92-5265/66/68. [Securities and Exchange Act of 1934]
  • 1983; Ohio Contractors Association v. William Keip and National Association of Minority Contractors. No. 82-3822. [Minority Business Enterprise Act]
  • 1974; Olympic Fastening Systems v. Textron. No. 74-1203. [Patent case]
  • 1974-1975; Orleans, Joseph V. v. USA. No. 74-1496. [Tort Claims Act]
  • 1980; Parke, Davis and Co. v. Joseph Califano, Secretary of HEW [Health, Education and Welfare]. No. 78-1140. [Freedom of Information]
  • 1980; Pate, James v. Steve Smith, et al. No. 80-3231. [Appeal from denial pf a petition for writ habeas corpus in a murder trial]
  • 1994-1995; Peacock, John C. v. Landquest Limited, et al. No. 94-1028. [Diversity action]
  • 1996-1997; Penny, James R. v. United Parcel Service. No. 96-3890. [Americans with Disabilities Act]
  • 1991; Petkiewytsch, Leonid v. Immigration and Naturalization Service. No. 90-3953. [Deportation appeal]

Box 24:

  • 1987; Pilarowsky, John v. Macomb County Health Department, et al. No. 86-1423. [Employment discrimination]
  • 1985; Polo Fashions, Inc., et al v. Stock Byers International, etc. No. 84-3332. [Trademark infringement]
  • 1995-1996; Raddatz, Matthew Eric and Jessey Wayne Raddatz (child) v. Shonie Beaubien, et al. No. 95-1402. [Child custody, damages, attorneys fees]
  • 1982; Ranger Insurance Co. v. Knox Equipment Inc. No. 82-5028. [Insurance settlement]
  • 1972; Redmon, Mildred v. USA. No. 72-1519. [First Opinion of Judge Lively]. [Tax Decision]
  • 1978; Reed, Robert Anthony et al v. Cleveland Board of Education. No. 78-3218 [Desegregation case]
  • 1979; Reed, Robert Anthony et al v. Cleveland Board of Education. No. 78-3520/3522. [Fees in school desegregation case]
  • 1980; Reed, Robert Anthony et al v. Cleveland Board of Education. No. 80-3574 [Cleveland School desegregation case]
  • 1980; Reed, Robert Anthony et al v. Cleveland Board of Education. Nos. 79-3131. Reed, Robert Anthony, et al v. Ohio Board of Education. No. 79-3132. [Desegregation]
  • 1982; Reed, Robert A. et al v. James A. Hodes, et al v. Ohio State Board of Education, et al. Nos. 81-3417/18. [Fees in school desegregation case]

Box 25:

  • 1980; Reminga, Gertrude v. USA. No. 78-1154. [Wrongful death, Federal Tort Claims Act]
  • 1993-1994; Reynolds, Harry L. Jr. v. International Amateur Athletic Association, The Athletic Congress, et al. No. 93-3884. [Jurisdiction in antidopping case]
  • 1983; Rowland, Marjorie v. Mad River Local School District, Montgomery County, OH, a public school corporation, et al. No. 82-3218. [Continuation of employment]
  • 1988; Schrand, Carl v. Federal Pacific Electric. No. 86-4158, 873005. [Age discrimination]
  • 1981; Schultz, Leonard v. Newsweek, Inc. and The Evening News Association. No. 80-1090. [Damages for alleged defamation]
  • 1990; Schwartz v. Electronic Data System. No. 88-1980. [Alleged fraudulent misrepresentations and breach of employment]
  • 1979; Sequoyah, Ammoneta v. Tennessee Valley Authority. No. 79-1633. [Free exercise clause of the First Amendment. American Indians Religious Freedom. Cherokee Tribes]

Box 26:

  • 1974-1975; Shack, Charles v. Charles Southworth, at al. No. 74-1823. [Discrimination]
  • 1993-1994; Sims, Debra and Lyle Stephens v. National Highway Traffic Safety Administration; USA Department of Transportation and Federico Pena. Nos. 93-3239, 93-4087. [Standards for safe transportation in school buses for children in wheelchairs]
  • 1995-1997; Smith, Sandra S. v. Ted W. Sushka. No. 95-4261. [Violation of Tenth and Fourteenth Rights]
  • 1981; Southern Ohio Building Systems, Inc. v. US Occupational Safety and Health Review Commission. No. 79-3352. [Petition for review of an order of OSHRC]
  • 1994-1996; Stacey, Ted v. Richard S. Fraser and William D. Koehler. No. 94-3850, 94-3932. [Fraudulent inducement and fraudulent conveyance]
  • 1992; State of Michigan and USA Environmental Protection Agency v. The City of Allen Park, MI, et al. Nos. 91-1901/02. [Federal Water Pollution Prevention and Control Act of 1972]
  • 1985; State of Ohio v. William D. Ruckelshaus, Environmental Protection Agency. No. 84-3667. [Clean Air Act]
  • 1985; State of Ohio, et al v. US Department of Health and Human Services, Health Case Financing Administration. No. 84-3181. [Review of decision of the USHAS about federal financial assistance under the Medicaid Act]
  • 1985; Storey, Robert et al v. Local 326, International Brotherhood, etc. No. 83-57-47. [Unio -employer representation breeched during negotiations with employer]
  • 1995-1996; Teamsters Local Union No. 435 v. National Labor Relations Board. No. 95-9528. [Fair representation violation]

Box 27:

  • 1990-1991; Tennessee Asphalt Company, et al v. Robert E. Farris, et al. No. 90-5945. [Affirmative action]
  • 1980; Tolar, Michael v. Kinsman Marine Transit. No. 78-3054. [Negligence. Jones Act case]
  • 1987; Traub, Gordon v. Commonwealth of Kentucky. No. 87-5245. [Tax revenues for alleged unconstitutional purposes]
  • 1982; Tuohy, Jerome F. v. Ford Motor Company. No. 80-1572. [Age Discrimination Act case]
  • 1983; United Coin Meter Co. v. Seaboard Coastline Railroad. No. 81-1681. [Damages to personal property]
  • 1989-1990; United Steelworkers of America v. New Idea Farm Equipment Corporation. No. 89-3912. [Arbitration award]
  • 1989-1990; United Transportation Union v. CXS Transportation, Inc. No. 89-3344 [Appeal]
  • 1980; Universal Electrical Co. v. A. O. Smith Corporation. No. 79-1342. [Patents]
  • 1978; University of Tennessee v. Rita Geir, et al. No. 77-1621. [Desegregation case]
  • 1975; USA v. Fred Abraham, et al. No. 75-2477. [Federal wiretap statute]
  • 1991-1992; USA v. Terry Keith Arthur. No. 91-5314. [Armed bank robbery]

Box 28:

  • 1991-1992; USA v. Bakke, Rau, Morris and Deuries. Nos. 90-1978/79/98/99. [Possession and distribution of marijuana]
  • 1993; USA v. Cecil Borroughs, Jr. No. 93-5017. [Misdemeanor]
  • 1985; USA v. John Charles Blankenship. No. 84-3737. [Possession of and dealing of firearms]
  • 1989-1990; USA v. Michael Bryant. No. 89-3136. [Sentence for armed bank robbery]
  • 1995-1996; USA v. Anthony Caicedo and William A. Ryan. Nos. 95-3242, 95-3513. [Unlawful seizures of individuals under the fourth Amendment]
  • 1981; USA v. City of Parma, Ohio. No. 81-3031. [Fair Housing Act of 1968]
  • 1973-1974; USA v. James Dye, et al. Nos. 73-1876-83. [Conviction of conspiracy to steal, theft and possession of goods]
  • 1991; USA v. James Lee Evans. Nos. 90-6589/90. [Double Jeopardy Clause]
  • 1989; Re: USA v. William K. Frazier and Mark B. DeBusk. Nos. 88-5392, 85-5528 [Collateral estoppel]

Box 29:

  • 1996; USA v. Leslie A. Grable. No. 96-1339. [Civil contempt]
  • 1983; USA v. William James, Jr. No. 70-5036. [Mail fraud case]
  • 1995-1996; USA v. Gilbert Antonio Jarquin. No. 95-6218. [Violation of the Fourth Amendment]
  • 1979; USA v. James Love. No. 78-5288. [Firearms violation]
  • 1995-1997; USA v. Thomas A. Malcuit. No. 95-3794. [Presence of firearm while committing a drug trafficking offense]
  • 1976; USA v. One 1975 Mercury 4-Door Automobile, Maroon in Color, etc. No. 75-2121. [Permit seizure of the Mercury automobile in which it is claimed that James Hoffa was abducted]
  • 1992; USA v. Nichols. No. 91-5581. [Distribution of cocaine]
  • 1994-1995; USA v. Anthony James Palazzolo and Richard Rosenbaum. Nos. 94-1364, 94-1553. [Conspiracy]
  • 1995-1997; USA v. John A. Rapanos. No. 95-2169. [”Open Fields” Doctrine. Discharging pollutants]

Box 30:

  • 1994; USA v. Dennis B. Sather, Jr. No. 94-1032ND. [Possession of ammunition by a felon]
  • 1983; USA v. Leslie B. Schlansky. No. 82-5200. [Validity of taxpayer’s refusal to comply with administrative summons by the IRS]
  • 1993-1994; USA v. James Spinelle No. 93-248. [Congress alteration of the discretionary authority of the district court]
  • 1994-1996; USA v. Gregory Surrat. No. 94-4117. [Child pornography]
  • 1986; USA v. Howard Underhill, et al. No. 86-5409. USA v. Pat Tata, et al. No. 86-5412. [Illegal gambling telephone conversations recorded]
  • 1974; USA v. Wac, Dennis, et al. Nos. 73-1588-1593. [Violation of interstate gambling statute]
  • 1990; USA v. Warner Bros. Well Drilling. No. 89-5494. [Federal Water Pollution Control Act]
  • 1974-1975; USA v. Anthony Williams. No. 75-1347. [Possession of arms]
  • 1985; Utica Packing v. Robert Bergland, Secretary of US Department of Agriculture. No. 85-1324. [Bribing]
  • 1980; Van Curen , George D. v. A. R. Jago, et al. No. 80-3351. [Parole]
  • 1984; Vaughn, Mendell et al v. The City of Flint. No. 83-1368. [Criminal contempt]

Box 31:

  • 1993; Virtual Maintenance Inc. v. Prime Computer, Inc. Nos. 90-2249, 91-1273 [Anticompetitive tying]
  • 1990; Warren, Robert v. Society National Bank. No. 89-3331. [Employee Retirement Income Security Act of 1974, 29 U.S.C. §1001, et seq.]
  • 1976-1977; Weldon, Dahlari, et al v. Monroe County Probate Court, et al. No. 74-2095. [Parental rights]
  • 1976; Wells, John, et al v. Murray State University. No. 75-1985. [Tenure track. Denial of due process]
  • 1985; Wilson v. Beebe. Nos. 82-1362/1385. En Banc (2 folders) [Damages resulting from a negligent deprivation of a liberty interest]
  • 1994-1996; Wixson, Georgiana A., et al v. Dowagiac Nursing Home, et al. No. 94-2373. [Unlawful employment tactics]
  • 1980; Wright, John v. State of Tennessee. No. 77-1546. En Banc. [Age discrimination]

Box 32:

  • 1993-1994; Wulf, Russell and Ronald Reutsehler v. Quantum Chemical Corporation, Quantum Employee Stock Ownership Plan for Hourly Represented Employees. No. 93-3061. [Employee Retirement Income Security Act of 1974]
  • 1993-1994; Yellow Freight System, Inc. v. Robert B. Reich, Secretary of Labor and Willie W. Smith. No. 93-3488. [Violation of Section 405 of the Surface Transportation Act of 1982]

Court Committees Files

  • 1986; Ad Hoc Court Committees
  • 1984-1988; Advisory Committee on Rules [2 folders]
  • 1986; Advisory Committee Meeting
  • 1985; Chambers Assignments
  • 1983-1984; Committees of the United States Court of Appeals. Sixth Circuit
  • 1976; Committee to Recommend Senior Staff Attorney
  • 1979-1982; Docket Control Committee [2 folders]

Box 33:

  • 1984-1988; Docket Control Committee [4 folders]
  • 1986; Gramm, Rudman, Hollins Legislation [Reduction of court costs]
  • 1983; Library Committee
  • 1986; Motions Practice Subcommittee
  • 1984-1986; Rules Committee [2 folders]

Court and Council Meetings

Box 34:

  • 1983; Court Meeting. [Court practices and procedures]
  • 1984; Court Meeting Minutes, 1/16/84
  • 1984; Court Meeting Minutes, 10/13-14/84
  • 1984; Court Meeting Minutes, 11/13/84
  • 1985; Court Meeting Minutes, 6/12/85
  • 1985; Court Meeting Minutes, 12/9/85
  • 1986; Court Meeting Minutes, 5/8/86
  • 1986; Court Meeting Minutes, 10/3/86
  • 1987; Court Meeting Minutes, 1/28/87
  • 1987; Court Meeting Pending, 6/3/87
  • 1987; Court Meeting Minutes, 11/4/87
  • 1987; Court Meeting Minutes, 12/9/87 [2 folders]
  • 1988; Court Meeting Minutes, 1/20/88
  • 1974; Circuit Council. Powers, Functions, Duties
  • 1983; Council Meeting. Chief Judge Lively, 10/31/83
  • 1984; Council Meeting, 2/20/84 [2 folders]
  • 1984; Council Meeting, 8/28/84
  • 1984; Council Meeting, 11/13/84
  • 1985; Council Meeting, 1/14/85
  • 1985; Council Meeting, 3/4/85

Box 36:

  • 1985; Council Meeting, 6/13/85
  • 1985; Council Meeting, 9/11/85
  • 1986; Council Meeting, 2/18/86
  • 1986; Council Meeting, 4/9/86
  • 1986; Council Meeting, 5/14/86
  • 1986; Council Meeting, 11/12/86
  • 1987; Council Meeting, 6/3/87
  • 1988; Council Meeting, 1/20/88 En Banc Material

Judicial Conferences

Box 37:

  • 1987; Committee Survey
  • 1984; Conference of Chief Judges
  • 1984; Conference of Chief Judges. Ad Hoc Committee on Attorney Fees
  • 1986; Conference of Chief Judges. Study Committee. Work of Circuit Councils
  • 1986-1989; Conference Review Committee
  • 1984-1987; Judicial Conference of the United States
  • 1987; Judicial Conference of the United States. Committees
  • 1986-1987; Judicial Conference of the United States. Study Committee
  • 1988; Judicial Conference of the United States. Committee Membership and Jurisdiction
  • 1976-1985; Judicial Conference. Planning Committee. Studies of Other Conferences

Box 38:

  • 1983-1985; Ninth Circuit Judicial Conference
  • 1980-1987, 1989, 1992; Sixth Circuit Judicial Court of the United States Conferences. [9 folders]

Correspondence, Papers, Speeches, etc.

Box 39:

  • 1997; American Inns of Court Professionalism Award
  • 1984; Antitrust Institute
  • 1996; Archival Note
  • 1984-1986; Congressional Testimony
  • 1974-1992; Correspondence [3 folders]
  • 1983-1993; Judge Anthony J. Celebrezze
  • 1986-1987; Detroit Law School
  • 1986; Judge George Edwards
  • 1996; Federal Civil Litigation Seminar
  • 1989-1992; Federal Court Study Committee
  • 1973; Federal Judicial Center

Box 40:

  • 1988; Justice Wendell H. Ford
  • 1997; Chief Judge Boyce F. Martin
  • 1987-1988; Judge Romano Mazzoli
  • 1985-1991; Mitch McConnell
  • 1987; Wade H. McCree Memorial
  • 1988-1989; Chief Judge Gilbert S. Merritt
  • 1988; National Seminar for Judges of US Courts of Appeals
  • 1985; David Nelson
  • 1985-1991; Justice Sandra O’Connor
  • 1993; Judge John Peck
  • 1984; Judge Harry Phillips
  • 1991; Portrait Presentation. Ruth Nestor Painter
  • 1988-1989; Justice Lewis Powell
  • 1990; Ken Ripple
  • 1973-1991; Speeches
  • 1994; Justice Potter Stewart
  • 1984-1985; Judge Mac Swinford

Chief Judge General

Box 41:

  • 1978-1983; Circuit Executive. Correspondence. [Illustrative Materials]
  • 1988; Change-Over. Judge Lively Stepped Down as Chief Circuit Judge
  • 1983; Clerks’ Office. Correspondence. [Illustrative Materials]
  • 1983; Conference of Chief Judges
  • 1983; Conference of Chief Judges. Minutes
  • 1984-1986; Conference of Chief Judges. 28 USC 372(c). Judicial Misconduct and Disability
  • 1984-1985; Death Penalty Rule
  • n.d.; Disqualification. (Restricted until 2007)
  • 1985; Division of Duties between Clerk and Circuit Executive. [Illustrative Materials]
  • 1986; Interview with Judge Lively
  • 1986-1987; Judge James Ryan

Box 42:

  • 1984; Judges Meeting. Detroit
  • 1987; Louisville Courthouse Construction
  • 1983-1986; Miscellaneous Chief Judge Materials [2 folders]
  • 1983-1991; New Procedures
  • 1984; Non Appropriated Funds
  • 1981-1984; Pre-Argument Conference
  • 1985; Reassignment of Cases Following a Death of a Judge. Cases Assigned to Judge Phillips
  • 1984-1986; Testimonies Before Congressional Committees

Box 43:

  • 1984-1985; Testimonies Before the Intercircuit Tribunal
  • 1987-1988; Time-consuming Issues for Chief Judges. Examples

Chief Judge Bankruptcy

  • 1985; Ad Hoc Screening Committee. Bankruptcy Appointments
  • 1984; Bankruptcy Act of 1984
  • 1984-1985; Bankruptcy Appointments [2 folders]
  • 1984; Bankruptcy Interim Model
  • 1987; Bankruptcy Interim Model. Kentucky. Western [2 folders]

Box 44:

  • 1986-1987; Bankruptcy Interim Model. Ohio. Southern. (The Bankruptcy Amendments of 1984 placed responsibility in the courts of appeals for appointing bankruptcy judges) [2 folders]
  • 1982-1983; Bankruptcy Judge Procedure - Ad Hoc Committee
  • 1985-1986; Bankruptcy Screening Committees
  • 1977-1983; Bankrupts Legislation. Reform Act of 1978 and Act of 1980
  • 1983-1984; Committee on Bankruptcy Judge Appointments [2 folders]
  • 1982; Committee to Review Bankruptcy Judge Positions
  • 1986; Lighter Caseloads. Bankruptcy Judges
  • 1987; Retirement for Bankruptcy Judges

Standing Committee on Rules of Practice and Procedure

Boxes 45-46:

  • 1987-1989; Standing Committee on Rules of Practice and Procedure. Meetings. [5 folders]
  • 1987-1989; Standing Committee on Rules of Practice and Procedure. General Correspondence
  • 1988; Standing Committee on Rules of Practice and Procedure. Subcommittee on Local Rules. [3 folders]

Federal Rules of Appellate Procedure (FRAP)

Box 47:

  • 1980; Advisory Committee
  • 1981-1982; Advisory Committee. Correspondence
  • 1979; Advisory Committee. Meeting 12/14/1979
  • 1982; Advisory Committee Meeting, 11/15-16/1982. [2 folders] [Judge Lively First Meeting as Chairman of Frap Committee]
  • 1983; Advisory Committee Meeting, 12/1983

Box 48:

  • 1985; Advisory Committee Meeting, 4/23/1985
  • 1986; Advisory Committee Meeting, 12/3/1986. [Judge Lively Final Meeting as Chairman of FRAP Committee]
  • 1982-1986; Advisory Committee. Membership
  • 1982-1983; Committee on Rules of Practice and Procedure Standing Committee
  • 1985-1987; Committee Report. Carol Ann Mooney
  • 1986-1987; Committee Report. Ken Ripple
  • 1985-1990; Correspondence
  • 1982-1983; Federal Magistrate Act. Rules Changes Finally Adopted
  • 1982; Judge Lively Clerks’ Meeting

Box 49:

  • 1984; Rule 30 Report
  • 1982-1983; Rules Adopted, 11/15/1982 with changes in Magistrates Rules as 6/16/1983

Miscellaneous

  • 1986; Continuing Judicial Education, Seminars for Federal Judges. Example; “Federal Judicial Center Seminar on Constitutional Adjudication and the Judicial Process in the Federal courts”
  • n.d.; Notes of the US Law Week Supreme Court Reports [2 folders]
  • 1988-1992; Notes about the briefs in each case. Examples

Box 50:

  • 1997; Retirement
  • 1997; Retirement Newspaper Articles
  • n.d.; Unpublished Decisions Prior to 1985 that do not appear in WestLaw, with few exceptions

Published Materials

  • Hearing before the Subcommittee on Courts of the Committee on the Judiciary United States Senate, 95th Cong., 1st Sess., S.704 (1985) (Witness Pierce Lively, chief judge, US Court of Appeals for the Sixth Circuit)
  • Oversight Hearing before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary House of Representatives, 95th Cong., 1st Sess. (1985) (Pierce Lively, chief judge, Sixth Circuit Court of Appeals Prepared Statement)
  • Pierce Lively, A Tribute and Challenge to Exceptional Law Students, 77 Ky L. J. (1988-89)
  • ----------------, A View from Below, 4 Det. C. L. Rev. (1986)
  • ----------------, Forward, 15 U. Tol. L. Rev., (1984)
  • Practitioners’ Handbook for Appeals to the United States Court of Appeals for the Sixth Circuit. Prepared by the Cincinnati Chapter of the Federal Bar Association, 4 ed., May 1984
  • Report of the Proceedings of the Judicial Conference of the United States. March 17, 1987. Washington, D. C., 1987
  • Sixth Circuit Federal Practice Manual. (Prepared by the Cincinnati Chapter-Federal Bar Association. Cincinnati, Anderson Publishing Co., 1993
  • 2 Large Card Files of Cases, organized in alphabetical order.
  • One Box of Card Files organized by subject.

 

Associated People

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Use Restrictions There are no restrictions.
Preferred Citation

Papers of Judge Pierce Lively, MSS 98-2, [Box Number], Special Collections, University of Virginia Law Library

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