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Roger Miner
Born Roger Jeffrey Miner
(1934-04-14)April 14, 1934
Hudson, New York
Died February 18, 2012(2012-02-18) (aged 77)
Hudson, New York
Education State University of New York (B.S.)
New York Law School (LL.B.)

Roger Jeffrey Miner (April 14, 1934 – February 18, 2012) was a United States Circuit Judge of the United States Court of Appeals for the Second Circuit and a United States District Judge of the United States District Court for the Northern District of New York.

Education and career

Miner was born on April 14, 1934, in Hudson, New York.[1] He received a Bachelor of Laws from New York Law School in 1956. He received a Bachelor of Science from State University of New York in 1977. He served as a Captain in the United States Army Judge Advocate General's Corps from 1956 to 1959. He was in private practice of law in Hudson from 1959 to 1975. He was corporation counsel for the City of Hudson, New York from 1961 to 1964. He was an assistant district attorney of Columbia County, New York in 1964. He was the district attorney of Columbia County from 1968 to 1975. He was an adjunct associate professor, Columbia-Greene Community College from 1974 to 1979. He was a Justice of the New York State Supreme Court from 1976 to 1981. He was an adjunct professor, New York Law School from 1986 to 1996. He was an adjunct professor of Albany Law School of Union University from 1997 until his death.[2]

Federal judicial service

Miner was nominated by President Ronald Reagan on July 28, 1981, to a seat on the United States District Court for the Northern District of New York vacated by Judge James Thomas Foley. He was confirmed by the United States Senate on September 25, 1981, and received commission on September 28, 1981. His service was terminated on August 2, 1985, due to elevation to the Second Circuit.[2][3]

Miner was nominated by President Reagan on June 25, 1985, to the United States Court of Appeals for the Second Circuit, to a new seat created by 98 Stat. 333. He was confirmed by the Senate on July 22, 1985, and received commission the same day. He assumed senior status on January 1, 1997, serving in that status until his death.[2][4]

Notable case

In January 1987 Miner and Jon O. Newman heard Salinger v. Random House, deciding that with unpublished works the right of the copyright owner to control publication took precedence over the right of "fair use".[5] This was interpreted as setting the right of an individual to privacy ahead of the public right to know.[6]

Supreme Court consideration

In 1987 after Robert Bork's Supreme Court nomination was rejected by the Senate, President Reagan considered appointing Miner. However, due to his refusal to disclose his position on abortion, Reagan nominated Anthony Kennedy instead. Kirsten Gillibrand, the junior Senator from New York, served as his law clerk from 1992–1993.[7]

Death

Roger Miner died of heart failure at his Hudson home. He was survived by his wife, Jacqueline, several sons and a brother.[8]

References

  1. "Second Circuit Redbook". Little, Brown & Company. 28 July 1984. https://books.google.com/books?id=M90mAQAAMAAJ&q=%22Miner,+Roger+J%22+AND+%221934%22&dq=%22Miner,+Roger+J%22+AND+%221934%22. 
  2. 2.0 2.1 2.2 "Miner, Roger Jeffrey - Federal Judicial Center". https://www.fjc.gov/history/judges/miner-roger-jeffrey. 
  3. "Biographical information: Roger J. Miner". United States Court of Appeals for the Second Circuit. http://www.ca2.uscourts.gov/Judgesbio.htm#RJM. Retrieved March 17, 2011. 
  4. Taylor Jr, Stuart (9 October 1987). "More Names Are Quietly Studied For Nomination to Supreme Court". New York Times. https://query.nytimes.com/gst/fullpage.html?res=9B0DE6D6173FF93AA35753C1A961948260. Retrieved 17 March 2011. 
  5. "SALINGER v. RANDOM HOUSE, INC., 811 F.2d 90 (2nd Cir. 1987)". Cornell University Law School. https://www.law.cornell.edu/copyright/cases/811_F2d_90.htm. Retrieved 2012-06-13. 
  6. McDowell, Edwin (January 31, 1987). "SALINGER V. RANDOM HOUSE, A GRAY AREA FOR PUBLISHERS". https://www.nytimes.com/1987/01/31/books/salinger-v-random-house-a-gray-area-for-publishers.html. Retrieved 2012-06-14. 
  7. Martin, Douglas (20 February 2012). "Roger J. Miner, Judge Who Valued Neutrality, Dies at 77". The New York Times. https://www.nytimes.com/2012/02/21/nyregion/roger-j-miner-judge-who-valued-neutrality-dies-at-77.html. 
  8. "Roger J. Miner, 77, Dies; Judge Valued Neutrality". 21 February 2012. https://www.nytimes.com/2012/02/21/nyregion/roger-j-miner-judge-who-valued-neutrality-dies-at-77.html. 

External links

Legal offices
Preceded by
James Thomas Foley
Judge of the United States District Court for the Northern District of New York
1981–1985
Succeeded by
Constantine George Cholakis
Preceded by
Seat established by 98 Stat. 333
Judge of the United States Court of Appeals for the Second Circuit
1985–1997
Succeeded by
Robert D. Sack

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