Arthur R. Miller

Arthur Raphael Miller CBE (born 22 June 1934), is a leading scholar in the field of American civil procedure and a University Professor at New York University and Chairman of The NYU Sports & Society Program.

Arthur R. Miller
Born (1934-06-22) 22 June 1934
Brooklyn, New York City, New York, U.S.
Alma materUniversity of Rochester
Harvard Law School
Scientific career
FieldsCivil procedure, Copyright law, Unfair competition law, Sports law
InstitutionsNew York University School of Law

Career

Prior to joining NYU, Miller was the Bruce Bromley Professor of Law at Harvard Law School (1971–2007), after being on the faculties of the University of Michigan and the University of Minnesota. He is coauthor with Charles Alan Wright of Federal Practice and Procedure, the legendary treatise in the field. This multi-volume series is an essential reference for judges and lawyers. Miller is also one of the nation's most distinguished legal scholars in the areas of civil litigation, copyright and unfair competition, and privacy, having written more than 40 books and many articles, including The Assault on Privacy: Computers, Data Banks, and Dossiers (University of Michigan Press, 1971), one of the first books warning of the threat to privacy posed by modern information technology; Civil Procedure: Cases and Materials (with J.H. Friedenthal, J. Sexton, and H. Hershkoff; 1967–2008 (ten editions)); Federal Practice and Procedure (with C.A. Wright, some with E.H. Cooper, M.K. Kane, and R. Marcus; 1968–2008, West Publishing Co. (more than thirty-five volumes)); Intellectual Property: Patents, Trademarks and Copyright in a Nutshell (with M.H. Davis, 1998–2011, West Publishing Co. (four editions)), among many others. In 1999 Professor Miller made videotapes lectures for Concord Law School, an online law school, privately owned by the Washington Post Co.'s Kaplan Educational Centers, and videotaped 11 lectures for a course on civil procedure. To him, Mr. Miller says, the Web represents what television represented when he started doing his public-affairs television show on legal issues, titled "Miller's Court," in 1979—the next frontier for teaching law to the general public.[1]

In October 2008, Professor Miller became Special Counsel to Milberg LLP and heads the firm's appellate practice group.[2] Since then, he has argued before the U.S. Supreme Court on behalf of Milberg clients in Tellabs, Inc. v. Makor Issues & Rights,[3] and was involved in the briefing in opposition to the writ of certiorari in Pfizer, Inc. v. Abdullahi.[4] In addition, Milberg's Supreme Court practice group was a key player in the Merck & Co., Inc. v. Reynolds[5] matter, a case in which it serves as co-lead counsel. In August 2013, Professor Miller joined the Lanier Law Firm as Of Counsel.[6]

Miller is the recipient of many awards, including eight honorary doctorates, three American Bar Association Gavel Awards, and a Special Recognition Gavel Award for promoting public understanding of the law. Queen Elizabeth II with the advice of her government bestowed on him the prestigious honor of Commander of the Order of the British Empire (2011). This honor recognizes Miller's service to the United Kingdom by his gift of more than 1,800 Japanese woodblock prints by nineteenth-century artist Utagawa Kuniyoshi to the American Friends of the British Museum; these were exhibited at the Royal Academy in the spring of 2009. It also recognizes his more than fifteen years spent moderating public policy issues and dialogues, called Hypotheticals on BBC TV and Granada Television.[7] These dialogues were modeled on the well-known Fred Friendly dialogues, broadcast on PBS, for one of which Miller won an Emmy ("The Constitution: That Delicate Balance"). He served for two decades as the on-air legal editor for ABC's Good Morning America. His weekly television program titled Miller's Court was aired on Boston's WCVB-TV from 1979 to 1988 and was the first American TV show dedicated to the exploration of legal issues. He provided commentary on the Discovery Channel program Justice Files.[8][9][10][11] He also sits on the advisory board of H5, a firm specializing in electronic discovery for legal cases.

Miller has argued cases in all of the United States courts of appeals and several before the U.S. Supreme Court. He has worked in the public interest in the areas of privacy, computers, copyright, and the courts and has served as a member and Reporter of the Advisory Committee of Civil Rules of the Judicial Conference of the U.S. by appointment of two Chief Justices of the United States, as Reporter and Advisor to the American Law Institute, as a member of a special advisory group to the Chief Justice of the United States, and as a member of various American Bar Association committees. Miller was also appointed as commissioner on the United States Commission on New Technological Uses of Copyrighted Work by President Ford. Miller has for fifty years enlisted the help of some of his students as research assistants, a notoriously demanding position for first and second year law students. Similar to the relationship between a judge and his or her clerks, Miller has stayed in touch with many of his former research assistants and many have gone on to important positions as federal and state judges, law professors, Supreme Court clerks, and as partners at prestigious law firms. New York University President John Sexton was one of Miller's research assistants at Harvard, as was Richard B. Bernstein, now a distinguished adjunct professor of law at New York Law School. Other former students include Chief Justice John Roberts, former New York Governor Eliot Spitzer, and Senator Russ Feingold of Wisconsin.

Miller in pop culture

Miller was one of the real figures on whom Scott Turow based the pseudonymous Harvard Law Professor Rudolph Perini in Scott Turow's bestselling memoir of his first year in law school, One L. Although Turow has never acknowledged or denied the connection, Miller has long thought himself the real Perini,[12] and conventional wisdom in the legal community has largely concurred.[13][14] In the book, Perini is depicted as brilliant but imperious, with a caustic wit and a flair for the dramatic. Readers of the book familiar with Harvard Law School and the history of Turow's three years at HLS have deduced that Turow took Miller, whose civil procedure course he took, and assigned his fictional counterpart Perini to teach contracts, and he also took Duncan Kennedy, his contracts professor, and transformed him into the civil procedure professor Nicky "Beat Nick" Morris.

In one of Miller's television specials from the early 1980s covering censorship, he posed the hypothetical case of a heavy metal band, which he named "The Sick Puppies". Sick Puppies is now the name of a real band from Australia, playing grunge and alternative rock.

In the late 1980s, Miller's caustic classroom comments at Harvard frequently topped the "Back Bench Quotation Poll," a feature in the Back Bench Reporter, one of the premier law school section newsletters of its day.

Several years ago, NYU Law Revue created a spoof of Miller in a South Park style, entitled “What Would Arthur Miller Do”.[15]

In 2011, students from NYU's Law Revue created a hip hop tribute to Miller called "A. Milley" based on Lil' Wayne's "A Milli." The video can be found here.[16]

Miller as art collector

Miller is also known for his collection of wood block prints by the nineteenth century Japanese artist Utagawa Kuniyoshi, shown in 2009 at the Royal Academy in London, as well as at the Japan Society (2010) in New York City. In both venues, the exhibition received rave reviews.

References
  1. "Concord". Trinity.edu. November 22, 1999. Archived from the original on November 5, 2011. Retrieved December 18, 2011.
  2. Cotts, Cynthia (October 23, 2008). "Milberg Hires Professor Arthur Miller to Head Appellate Group". Bloomberg. Retrieved December 18, 2011.
  3. T. Mauro, Corporate Defendants Prevail at Court Legal Times, June 22, 2007.
  4. Brief in Opposition, Pfizer, Inc. v. Abdullahi, No. 09-34 (August 10, 2009). Retrieved April 24, 2019.
  5. "Merck & Co., Inc. v. Reynolds (08-905) | LII / Legal Information Institute". Legal Information Institute. November 30, 2009. Retrieved December 18, 2011.
  6. Arthur R. Miller becomes of counsel at the Lanier Law Firm Archived March 4, 2016, at the Wayback Machine August 20, 2013. Retrieved August 27, 2013.
  7. Queen Elizabeth II Names Prof. Arthur R. Miller Commander of the Order of the British Empire Archived October 21, 2016, at the Wayback Machine at New York University Law School (undated)
  8. HODGES, ANN. "A&E, Discovery list fall programming plans." Houston Chronicle 29 Apr. 1992, 2 STAR, HOUSTON: 6. NewsBank. Web. 9 Oct. 2015.
  9. Johnson, Peter. "Norville may lead wave of CNN talk shows." USA TODAY 28 Apr. 1992, LIFE: 3D. NewsBank. Web. 9 Oct. 2015.
  10. "Getting Even." Justice Files. Exec. Prod. Rudy Bednar, Sheila Sitomer, Peter W. Kunhardt, and Dyllan McGee. Hst. Don Dahler. Discovery Channel. 22 Dec. 2001.
  11. "Double-Crossed." Justice Files. Exec. Prod. Rudy Bednar, Sheila Sitomer, Peter W. Kunhardt, and Dyllan McGee. Hst. Don Dahler. Discovery Channel. 2 Mar. 2002.
  12. "Tarlton Law Library - Law in Popular Culture Collection - Law and Lawyers in Popular Culture". University of Texas at Austin. Archived from the original on June 6, 2010. Retrieved December 18, 2011.
  13. "The Commentator". Google. September 13, 2007. Archived from the original on September 18, 2012. Retrieved December 18, 2011.
  14. "Privacy Symposium - Summer 2007: Overview". Privacy Summer Symposium. Retrieved December 18, 2011.
  15. "What Would Arthur Miller Do?". YouTube. March 20, 2009. Retrieved December 18, 2011.
  16. NYU LawRevue (March 20, 2011). "NYU Law Revue - A. Milley". YouTube. Retrieved December 18, 2011.
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