Harvie Wilkinson
James Harvie Wilkinson III is afederal judge on theUnited States Court of Appeals for the 4th Circuit. He joined the court in 1984 after being nominated by PresidentRonald Reagan.[1]
Education
Wilkinson graduated from Yale University with his bachelor's degree in 1967, and earned hisJ.D. from the University of Virginia School of Law in 1972.[1]
Military service
Wilkins served in the United States Army from 1968 to 1969.[1]
Professional career
- 1983-1984: Professor, University of Virginia School of Law
- 1982-1983: Deputy assistant attorney general, civil rights division,U.S. Department of Justice
- 1978-1981: Editorial page editor,The Virginian-Pilot
- 1973-1978: Associate professor, University of Virginia School of Law
- 1972-1973: Law clerk, Hon.Lewis Powell,Supreme Court of the United States
- 1970: Republican candidate forUnited States House of Representatives fromVirginia[1]
Judicial career
4th Circuit Court of Appeals
 |
| Nominee Information |
| Name: James Harvie Wilkinson III |
| Court:United States Court of Appeals for the 4th Circuit |
| Progress |
| Confirmed 273 days after nomination. |
 ANominated: November 10, 1983 |
 AABA Rating: |
| Questionnaire: |
| AHearing: November 16, 1983 February 22, 1984 |
| QFRs:(Hover over QFRs to read more) |
| AReported: March 15, 1984 |
| AConfirmed: August 9, 1984 |
| AVote: 58-39 |
| AReturned: November 22, 1983 |
Wilkinson was first nominated to theUnited States Court of Appeals for the 4th Circuit by PresidentRonald Reagan on November 10, 1983, to a seat vacated by JudgeJohn Butzner, Jr. Hearings on Wilkinson's nomination were held before theUnited States Senate Committee on the Judiciary on November 16, 1983. Under Rule XXXI, paragraph 6, of the standing rules of theU.S. Senate, Wilkinson's nomination was returned to President Reagan. Reagan resubmitted Wilkinson's nomination on January 30, 1984. TheSenate Judiciary Committee again held hearings on February 22, 1984, and Wilkinson's nomination was reported by U.S. Sen. Strom Thurmond (R-S.C.) on March 15, 1984. A motion to recommit Wilkinson's nomination to the Judiciary Committee failed on May 24, 1984, on a Senate vote of 54-36. Wilkinson was confirmed in the U.S. Senate on a recorded 58-39 vote on August 9, 1984, and he received his commission on August 13, 1984. Wilkinson served aschief judge of theFourth Circuit from 1996 to 2003.[1][2][3]
Noteworthy cases
Copyright suit over NFL Baltimore Ravens logo (2013)
On December 17, 2013, a three-judge panel of the Fourth Circuit, composed of Judges Harvie Wilkinson,Allyson Duncan, andAlbert Diaz, found that both the Baltimore Ravens' and National Football League's (NFL) use of the team's old "Flying B" logo did not infringe upon plaintiff Frederick Bouchat's copyright.[4]
In the underlying case, Bouchat, an amateur artist, proposed a new logo for the Ravens after the team moved to Baltimore in 1995. The Ravens then presented a logo that was strikingly similar to the one Bouchat suggested. Bouchat obtained a copyright on his original drawing and filed suit, ultimately winning the case but without damages awarded. Several years later, the Ravens again changed the team logo, but Bouchat alleged infringement once more, and attempted to prevent the team and the NFL from using its previous "Flying B" logo in documentary films and photographs. The district court found that the defendants' use was fair.[4]
Judge Wilkinson, writing for the majority, affirmed the lower court's decision, noting that the use of Bouchat's copyrighted work was transformative (i.e., it was used for a different purpose than its original one). Wilkinson further stated:
| “ | The uses here were not only transformative, but also -- take your pick -- fleeting, incidental, de minimis, innocuous. If these uses failed to qualify as fair, a host of perfectly benign and valuable expressive works would be subject to lawsuits. That in turn would discourage the makers of all sorts of historical documentaries and displays, and would deplete society's fund of informative speech.[4][5] | ” |
The use of the Ravens logo, as negligible and incidental as it was, failed to rise to the level of "the type of commercial use frowned upon" by copyright law. Bouchat was not awarded any damages.[4]
See also
External links
- Judge Wilkinson's biography from theFederal Judicial Center
- Judge Wilkinson's biography from theFourth Circuit's website
- Washington Post, "Op-ed: Bipartisan approval lends a sense of balance to the judiciary," November 24, 2013
- C-Span, "Chief Justice John Roberts Remarks and Interview with Judge Harvie Wilkinson," June 29, 2013
- New York Times, "Op-ed: Cry, the Beloved Constitution," March 11, 2012
Footnotes
- ↑1.01.11.21.31.4Federal Judicial Center, "Biographical directory of federal judges," accessed June 16, 2016
- ↑United States Congress, "PN 593 - James Harvie Wilkinson III - The Judiciary," accessed June 15, 2016
- ↑United States Congress, "PN 664 - James Harvie Wilkinson III - The Judiciary," accessed June 15, 2016
- ↑4.04.14.24.3Courthouse News Service, "Old NFL Ravens Logo Won't Cost Team Again," December 19, 2013
- ↑Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
| Political offices | ||
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| Preceded by - | United States Court of Appeals for the 4th Circuit 1984-Present | Succeeded by - |
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| 1981 | Bartlett •Beam •Becker •Bork •Cacheris •Cardamone •Chapman •Coughenour •Cox •Crow •Cyr •Doumar •Eschbach •Forrester •Garwood •Gibson •Glasser •Hall •Hamilton •Head •Jones •Kiser •Krenzler •Lee •Magnuson •McLaughlin •Miner •Moore •Nowlin •O'Connor •Pierce •Posner •Potter •Russell •Ryan •Shabaz •Sprizzo •Stevens •Waters •Wilhoit •Wilkins •Winter | ||
| 1982 | Acker •Acosta •Altimari •Bell •Bissell •Black •Bullock •Caldwell •Coffey •Contie •Coyle •Dowd •Fagg •Fong •Fox •Gadbois •Gibson •Ginsburg •Hart •Higginbotham •Hogan •Irving •Jackson •Jolly •Kanne •Kovachevich •Krupansky •Lynch •Mansmann •McNamara •Mencer •Mentz •Mihm •Moody •Nordberg •Paul •Pieras •Plunkett •Porfilio •Potter •Pratt •Rafeedie •Restani •Roberts •Scalia •Selya •Telesca •Wellford | ||
| 1983 | Baldock •Barbour •Barry •Bowman •Carman •Carter •Curran •Davis •Dorsey •Feldman •Fish •Flaum •Gibbons •Hallanan •Harris •Hinojosa •Hull •Hupp •Katz •Keenan •Kelly •Kram •Laffitte •Limbaugh, Sr. •Limbaugh, Sr. •Milburn •Nesbitt •Nevas •O'Neill •Rymer •Sharp •Starr •Vinson •Vukasin •Wexler • Woods | ||
| 1984 | Barker •Beezer •Biggers •Billings •Bissell •Boyle •Brewster •Browning •DiCarlo •Duhe •Garcia •George •Hall •Hargrove •Higgins •Hill •Holland •Ideman •Jarvis •Keller •Leavy •Lee •Legge •Leisure •Little •Livaudais •Longobardi •McKibben •Milburn •Newman •Norgle •Prado •Rea •Rosenblatt •Rovner •Scirica •Smith, Jr. •Sneeden •Stotler •Suhrheinrich •Torruella •Wiggins •Wilkinson | ||
| 1985 | Alley •Altimari •Anderson •Aquilino •Archer •Arnold •Baldock •Batchelder •Battey •Broomfield •Brown •Brown •Brunetti •Buckley •Cobb •Conmy •Cowen •Davidson •Dimmick •Duff •Easterbrook •Edgar •Farnan •Fernandez •Fitzpatrick •Fuste •Greene •Gunn •Guy •Hall •Hilton •Holderman •Hughes •Johnson •Jones •Korman •Kozinski •La Plata •Leinenweber •Letts •Lovell •Ludwig •Maloney •Mansmann •Marcus •McDonald •Meredith •Miller •Mills •Miner •Motz •Nelson •Noonan •Porfilio •Revercomb •Rhoades •Ripple •Rodriguez •Rosenbaum •Roth •Ryan •Sam •Scott •Sentelle •Silberman •Sporkin •Stanton •Stapleton •Strand •Strom •Tacha •Tevrizian •Thompson •Todd •Tsoucalas •Walker •Walter •Weber •Williams •Wilson •Wingate •Wolf •Wollman •Young •Zloch | ||
| 1986 | Anderson •Boggs •Bryan •Cedarbaum •Cholakis •Conway •Davies •Dearie •Dubina •Duggan •Edmondson •Fawsett •Fitzwater •Gex •Graham •Hackett •Hansen •Henderson •Hittner •Howard •Jensen •Kay •Kleinfeld •Kosik •Lagueux •Lechner •Magill •Mahoney •Manion •McAvoy •McQuade •Norris •O'Scannlain •Rehnquist •Ryskamp •Scalia •Selya •Simpson •Smalkin •Spencer •Stiehl •Wilkins •Williams •Woodlock •Zatkoff | ||
| 1987 | Alesia •Beam •Bell •Conboy •Cowen •Cummings •Daronco •Doty •Dwyer •Ebel •Ellis •Gadola •Gawthrop •Greenberg •Harrington •Howard •Hoyt •Hutchinson •Kanne •Kelly •Larimer •Leavy •Lew •Marsh •Mayer •McKinney •Michel •Mukasey •Musgrave •Niemeyer •Parker •Phillips •Politan •Pro •Raggi •Reasoner •Reed •Scirica •Sentelle • Smith •Smith •Stadtmueller •Standish •Tinder •Torres •Trott •Turner •Van Antwerpen •Voorhees •Webb •Whipple •Wolin •Wolle •Wood •Zagel | ||
| 1988 | Arcara •Babcock •Brorby •Butler •Cambridge •Camp •Conlon •Cox •Dubois •Duhe •Ezra •Forester •Friedman •Garza •Hutton •Jordan •Kennedy •Lake •Lamberth •Lifland •Lozano •Marovich •Nygaard •Patterson •Schell •Smith •Smith •Tilley •Waldman •Zilly | ||
- Pages using DynamicPageList3 parser function
- Appointed by Ronald Reagan
- Confirmed 1984
- Federal Article III judges
- Federal judge, United States Court of Appeals for the 4th Circuit
- Federal judiciary nominee, January 1984
- United States of America
- Noteworthy case
- Federal judge, Fourth Circuit
- Former chief judge, Fourth Circuit
- Army veteran
