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{{Short description|American judge (born 1946)}} |
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'''Robert G. James''' is a [[United States District Court]] judge, Western Division of Louisiana, and was one of the judges involved in a [[2006]] [[water right|water rights]] legal case, ''Normal Parm v. Sheriff Mark Shumate''. |
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{{Infobox officeholder |
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| honorific-prefix = |
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| name = Robert Gillespie James |
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| caption = |
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| office = [[Senior status|Senior Judge]] of the [[United States District Court for the Western District of Louisiana]] |
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| term_start = May 31, 2016 |
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| term_end = |
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| office1 = Chief Judge of the [[United States District Court for the Western District of Louisiana]] |
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| term_start1 = 2009 |
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| term_end1 = 2012 |
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| predecessor1 = [[Richard T. Haik]] |
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| successor1 = [[Dee D. Drell]] |
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| office2 = Judge of the [[United States District Court for the Western District of Louisiana]] |
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| term_start2 = August 3, 1998 |
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| term_end2 = May 31, 2016 |
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| nominator2 = |
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| appointer2 = [[List of federal judges appointed by Bill Clinton|Bill Clinton]] |
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| predecessor2 = [[John Malach Shaw]] |
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| successor2 = [[Terry A. Doughty]] |
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| pronunciation = |
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| birth_name = Robert Gillespie James |
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| birth_date = {{Birth date and age|1946|6|19}} |
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| birth_place = [[Ruston, Louisiana|Ruston]], [[Louisiana]] |
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| education = {{nowrap|[[Louisiana Tech University]] ([[Bachelor of Arts|BA]])}}<br>{{nowrap|[[Paul M. Hebert Law Center]] ([[Juris Doctor|JD]])}} |
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<!--Embedded templates / Footnotes--> |
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'''Robert Gillespie James''' (born June 19, 1946)<ref>{{Cite book|url=https://books.google.com/books?id=TRqYw7uA7BoC&pg=PA445|page=445|title=Hearings before the Committee on the Judiciary, United States Senate, One Hundred Fifth Congress, Second Session, on Confirmation of Appointees to the Federal Judiciary, May 14; June 18; July 16; July 30, 1998|publisher=U.S. Government Printing Office|year=1999}}</ref> is a [[Senior status|senior]] [[United States federal judge|United States district judge]] of the [[United States District Court for the Western District of Louisiana]], and was one of the judges involved in a 2006 [[water right]]s legal case, ''Normal Parm v. Sheriff Mark Shumate''. |
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==Education and career== |
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In this case, on August 29, 2006, James has ruled against his own appointed [[Magistrate]] Judge [[James D. Kirk]], who wrote that Federal law "...entitles the public to the reasonable use of navigable waters for all legitimate purposes of travel or transportation, for boating, sailing for pleasure, as well as for carrying persons or property for hire, and in any kind of watercraft the use of which is consistent with others also enjoying the right possessed in common." The result is that it is now considered criminal trespass for the American boating public to fish, or hunt above the ordinary high-water mark without riparian landowner permission.<ref>[http://www.ybw.com/ibinews/newsdesk/20060814154923ibinews.html US federal judge declares boating illegal in all US navigable waters]</ref> Strictly interpreting Federal law, James said that "the public has no 'right to fish and hunt on the Mississippi River.'" <ref>[http://www.louisianasportsman.com/details.php?id=213 Judge rules much of Mississippi River off-limits to anglers]</ref> The original case was the result of the arrests of several [[Angling|anglers]] who were fishing in Mississippi River floodwaters, which had covered the private property of the Walker Cottonwood Farm. |
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<ref>[http://www.americanwhitewater.org/content/Article/view/articleid/10182/display/full/ Many reports on this recent case claim that it makes pleasure boating illegal on every navigable river across the nation. This is not correct.]</ref> The case shows that the public trust rights associated with navigable waterways do not extend to "flooded" areas. |
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Born in [[Ruston, Louisiana|Ruston]], [[Louisiana]], James received a [[Bachelor of Arts]] degree from [[Louisiana Tech University]] in 1968 and a [[Juris Doctor]] from the [[Paul M. Hebert Law Center]] at [[Louisiana State University]] in 1971. He was in private practice in Ruston from 1971 to 1998, and was a business law instructor at Louisiana Tech University from 1992 to 1998. He was a judge on the Ruston City Court from 1985 to 1998. |
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==Federal judicial service== |
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On January 27, 1998, James was nominated by President [[Bill Clinton]] to a seat on the [[United States District Court for the Western District of Louisiana]] vacated by [[John Malach Shaw]]. James was confirmed by the [[United States Senate]] on July 31, 1998, and received his commission on August 3, 1998. He served as Chief Judge from 2009 to 2012. He assumed [[senior status]] on May 31, 2016. |
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==Notable ruling== |
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{{relevance inline|date=August 2016}} |
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On August 29, 2006, James overruled [[United States magistrate judge|United States Magistrate Judge]] James D. Kirk, who wrote that Federal law "...entitles the public to the reasonable use of navigable waters for all legitimate purposes of travel or transportation, for boating, sailing for pleasure, as well as for carrying persons or property for hire, and in any kind of watercraft the use of which is consistent with others also enjoying the right possessed in common." The holding confirmed that it was criminal trespass for boaters to enter property above the ordinary high-water mark of riparian landowners to fish or hunt without permission.<ref>{{cite web|url=http://www.ybw.com/ibinews/newsdesk/20060814154923ibinews.html|title=US federal judge declares boating illegal in all US navigable waters|publisher=}}</ref> Strictly interpreting Federal law, James said that "the public has no 'right to fish and hunt on the Mississippi River.'" <ref>{{cite web|url=http://www.louisianasportsman.com/details.php?id=213|title=Judge rules much of Mississippi River off-limits to anglers|publisher=}}</ref> The original case was the result of the arrests of several [[Angling|anglers]] who were fishing in Mississippi River floodwaters, which had covered the private property of the Walker Cottonwood Farm.<ref>{{cite web|url=http://www.americanwhitewater.org/content/Article/view/articleid/10182/display/full/|title=American Whitewater - Court Ruling Limits Recreational Rights on Rivers|website=www.americanwhitewater.org}}</ref> The case shows that the public trust rights associated with navigable waterways do not extend to "flooded" areas. |
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==References== |
==References== |
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{{Reflist}} |
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<references/> |
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==External links== |
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*{{FJC Bio|nid=1390746}} |
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{{s-start}} |
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{{s-legal}} |
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{{s-bef|before=[[John Malach Shaw]]}} |
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{{s-ttl|title={{nowrap|Judge of the [[United States District Court for the Western District of Louisiana]]}}|years=1998–2018}} |
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{{s-aft|after=[[Terry A. Doughty]]}} |
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{{s-bef|before=[[Richard T. Haik]]}} |
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{{s-ttl|title={{nowrap|Chief Judge of the [[United States District Court for the Western District of Louisiana]]}}|years=2009–2012}} |
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{{s-aft|after=[[Dee D. Drell]]}} |
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{{s-end}} |
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{{United States 5th Circuit senior district judges}} |
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{{Authority control}} |
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{{DEFAULTSORT:James, Robert Gillespie}} |
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[[Category:1946 births]] |
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[[Category:Judges of the United States District Court for the Western District of Louisiana|James, Robert G.]] |
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[[Category:Living people]] |
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[[Category:Judges of the United States District Court for the Western District of Louisiana]] |
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[[Category:Louisiana State University Law Center alumni]] |
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[[Category:Louisiana Tech University alumni]] |
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[[Category:People from Ruston, Louisiana]] |
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[[Category:United States district court judges appointed by Bill Clinton]] |
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[[Category:20th-century American judges]] |
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[[Category:21st-century American judges]] |
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Latest revision as of 17:48, 28 March 2024
Robert Gillespie James | |
|---|---|
| Senior Judge of the United States District Court for the Western District of Louisiana | |
| Assumed office May 31, 2016 | |
| Chief Judge of the United States District Court for the Western District of Louisiana | |
| In office 2009–2012 | |
| Preceded by | Richard T. Haik |
| Succeeded by | Dee D. Drell |
| Judge of the United States District Court for the Western District of Louisiana | |
| In office August 3, 1998 – May 31, 2016 | |
| Appointed by | Bill Clinton |
| Preceded by | John Malach Shaw |
| Succeeded by | Terry A. Doughty |
| Personal details | |
| Born | Robert Gillespie James June 19, 1946 Ruston, Louisiana |
| Education | Louisiana Tech University (BA) Paul M. Hebert Law Center (JD) |
Robert Gillespie James (born June 19, 1946)[1] is a senior United States district judge of the United States District Court for the Western District of Louisiana, and was one of the judges involved in a 2006 water rights legal case, Normal Parm v. Sheriff Mark Shumate.
Education and career
[edit]Born in Ruston, Louisiana, James received a Bachelor of Arts degree from Louisiana Tech University in 1968 and a Juris Doctor from the Paul M. Hebert Law Center at Louisiana State University in 1971. He was in private practice in Ruston from 1971 to 1998, and was a business law instructor at Louisiana Tech University from 1992 to 1998. He was a judge on the Ruston City Court from 1985 to 1998.
Federal judicial service
[edit]On January 27, 1998, James was nominated by President Bill Clinton to a seat on the United States District Court for the Western District of Louisiana vacated by John Malach Shaw. James was confirmed by the United States Senate on July 31, 1998, and received his commission on August 3, 1998. He served as Chief Judge from 2009 to 2012. He assumed senior status on May 31, 2016.
Notable ruling
[edit]On August 29, 2006, James overruled United States Magistrate Judge James D. Kirk, who wrote that Federal law "...entitles the public to the reasonable use of navigable waters for all legitimate purposes of travel or transportation, for boating, sailing for pleasure, as well as for carrying persons or property for hire, and in any kind of watercraft the use of which is consistent with others also enjoying the right possessed in common." The holding confirmed that it was criminal trespass for boaters to enter property above the ordinary high-water mark of riparian landowners to fish or hunt without permission.[2] Strictly interpreting Federal law, James said that "the public has no 'right to fish and hunt on the Mississippi River.'" [3] The original case was the result of the arrests of several anglers who were fishing in Mississippi River floodwaters, which had covered the private property of the Walker Cottonwood Farm.[4] The case shows that the public trust rights associated with navigable waterways do not extend to "flooded" areas.
References
[edit]- ^ Hearings before the Committee on the Judiciary, United States Senate, One Hundred Fifth Congress, Second Session, on Confirmation of Appointees to the Federal Judiciary, May 14; June 18; July 16; July 30, 1998. U.S. Government Printing Office. 1999. p. 445.
- ^ "US federal judge declares boating illegal in all US navigable waters".
- ^ "Judge rules much of Mississippi River off-limits to anglers".
- ^ "American Whitewater - Court Ruling Limits Recreational Rights on Rivers". www.americanwhitewater.org.
External links
[edit]- Robert G. James at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.
| International | |
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| National | |
Categories:
- 1946 births
- Living people
- Judges of the United States District Court for the Western District of Louisiana
- Louisiana State University Law Center alumni
- Louisiana Tech University alumni
- People from Ruston, Louisiana
- United States district court judges appointed by Bill Clinton
- 20th-century American judges
- 21st-century American judges