Patrick Errol Higginbotham

Hon. Patrick Errol Higginbotham
Firm: United States Court of Appeals, Fifth Circuit
Address: 903 San Jacinto Blvd., Room 400
Austin, TX 78701-2450
Phone: (512) 916-5723
Web site:

Position Bar Admissions Education
Honors Published Works Affiliations
Current Employment Position(s):
Senior Judge

Appointed by President Reagan
Bar Admissions:
Alabama, 1961
Texas, 1962
The University of Alabama School of Law, Tuscaloosa, Alabama, 1961
LL.B., Bachelor of Law
Law Review: Alabama Law Review, Note Editor, 1960 - 1961

Arlington State College, Arlington, Texas

North Texas State University, Denton, Texas

University of Texas, Austin, Texas

University of Alabama, Tuscaloosa, Alabama, 1960
B.A., Bachelor of Arts

Published Works:
American Bar Journal (Member, Board of Editors)

Proof of Foreign Law - Uniform Judicial Notice of Foreign Law Act, 12 Alabama Law Review 421, 1960

Insurance - Scope of Doctrine of Friendly Fire, 13 Alabama Law Review 233, 1960

A Trial Lawyer's Quick Index to Antitrust, 36 Texas Bar Journal 39, 1973

Book Review, Go East Young Man, The Early Years (Reviewing William O. Douglas), 60 American Bar Association Journal 896 (1974), 1974

Some Judicial Adjustments to the Rights of Recovery Under the Federal Antitrust Laws, 26 Alabama Law Review 309, 1974

Book Review, The Role of the Supreme Court in American Government (Reviewing Archibald Cox), 62 American Bar Association Journal 962 (1976), 1976

Continuing the Dialogue: Civil Juries and the Allocation of Judicial Power, 56 Texas Law Review 47, 1977

The Noerr-Pennington Problem: A View From the Bench, 46 Antitrust Law Journal 730, 1977

Observations in the Philosophy of Sentencing, Dallas Bar Headnotes, Dec. 19, 1977

Jurisdiction, Parties & Actions, Texas State Bar, Advanced Civil Trial Course, 1978

Scientists Are Not Prophets, 18 Judges Journal 16, 1979

The Commission Recommendations Can Work, 48 Antitrust Law Journal 475, 1979

Does the System Cause Excessive Legal Fees? Vol. XIX, The Forum 681, 1979

The Philosophy of Sentencing, 42 Texas Bar Journal 6, 1979

Helping the Jury Understand, 6 Litigation Journal 5, 1980

Book Review, Let Them Be Judged: The Judicial Integration of the Deep South (Reviewing Frank T. Read & Lucy S. McGough), 66 American Bar Association Journal 82 (1980), 1980

How to Try a Jury Case: A Judge's View, 7 Litigation Journal 8, 1980

Bureaucracy - The Carcinoma of the Federal Judiciary, 31 Alabama Law Review 261, 1980

Book Review, William O. Douglas (Reviewing Edwin P. Hoyt), 67 American Bar Association Journal 192, 1981

Book Review, Taking Care of the Law (Reviewing Griffin Bell), 68 American Bar Association 1128 (1982), 1982

Book Review, Unlikely Heroes (Reviewing Jack Bass), 59 Texas Law Review 1329 (1981), 1981

A Brief Reflection on Judicial Use of Social Science Data, 46 Law & Contemporary Probs. 7, 1983

How to Try a Jury Case: A Judge's View, Litigation Manual at 13, 1983

Dedication - Fifth Circuit Survey, 17 Texas Tech Law Review vi, 1986

Federal Trial Courts: The Changing Scene, 21 International Society of Barristers Quarterly 371, 1986

Juries and the Complex Case: Observations About the Current Debate, 1986 Earl Warren Conference on Advocacy, The American Civil Jury, The Roscoe Pound Foundation, 1986

Judicial Attitudes: Pylons for the Advocate, 5 Review of Litigation 181, 1986

Why the Numbers Don't Add Up (Co-Authors: Edward R. Becker and William K. Slate, II), 73 American Bar Association Journal 83, 1987

Complexity's Challenge to Federalism - A Bicentennial Look to the Future, Andrew R. Cecil Lectures on Moral Values in a Free Society, University of Texas at Dallas, 1987

Book Review, American Constitutional Law (2nd ed. 1988) (Reviewing Laurence E. Tribe), 74 American Bar Association Journal 151, 1988

Text and Precedent in Constitutional Adjudication, 73 Cornell Law Review 1101, 1988

Laurence Tribe's Visionary Theories of the Equal Protection Clause, Benchmark, Vol. IV, No. 2, Spring, 1990

Reflections on Reform of +s 2254 Habeas Petitions, 18 Hofstra Law Review 1005, 1990

Juries and the Death Penalty, 41 Case Western Reserve Law Review 1047, 1991

Between the Forty Yard Lines, a review of Professor Harry Wellington's book interpreting the Constitution, The Supreme Court in the Process of Adjudication, The Public Interest Law Review 103, 1992

Book Review (Reviewing Justice Rehnquist's Grand Inquests), May, 1992

Notes on Teague 66 University of Southern California Law Review 2433, 1993

Book Review (reviewing Federalism: a Dialogue by David L. Shapiro, Evanston: Northwestern University Press. 1995 Pp ix, 154, Michigan Law Review, Vol. 94, No. 6, May 1996

Settlement Incentives and Joint Tortfeasors: A Comment on Kornhauser and Revesz, in Refroming the Civil Justice System 104, Larry Kramer ed., 1996

Moore's Federal Practice, Chapters 26-28, Third Edition, Vol. 6

The Continuing Dialogue of Federalism, 45 U. Kan. L. Rev. 985, 1997

Conference: Civil Justice and the Litigation Process: Do the Merits and the Search for Truth Matter Anymore? -- "Class Action Litigation,", 41 N.Y.L. Sch. L. Rev. 343, 1997

Forword to Symposium: Evaluation of the Civil Justice Reform Act, 49 Ala. L. Rev. 1, 1997

Classes/Seminars Taught:
Trial Seminar, Columbia University

Federal Courts, 1994 - 1995

National Institute for Trial Advocacy, Boulder, Colorado

John Sparkman Jurist in Residence, University of Alabama, Fall Semester, 1995, 1997, 1999

Honors and Awards:
Fellow, American Bar Foundation

Outstanding Alumnus, University of Texas, Arlington, 1978

Dan Meador Award, Service to University of Alabama Law School

One of 100 Most Powerful People of the 1980's, Next Magazine, 1981

Honorary LL.D., Southern Methodist University, 1989

Order of the Coif - Texas Tech and Southern Methodist University

Bench and Bar Legal Honor Society

Samuel E. Gates Litigation Award, American college of Trial Lawyers, 1997

Professional Associations and Memberships:
Farrah Law Society

Southwestern Legal Foundation
Member, Trustee

Texas Bar Association

Alabama Bar Association

American Bar Association

Ethics 2000 Commission, 1997 - Present

American Bar Association
Chairman, Committee to Compile Federal Jury Charges, Antitrust Section

Chair Appellate Judges Conference
Judicial Member of Council

Standing Committee on Legal Aid

American Bar Foundation

American Judicature Society
Member, Director

Member, Continuing Legal Education Committee

Bench & Bar

Dallas Bar Association, 1974
Member, Director

Dallas Legal Services Project, 1970 - 1972

Dallas Bar Foundation, 1974

Maritime Law Association of the United States

Dallas Inn of Court, 1990 - 1991

Judicial Administration Division
Chairman, Appellate Judges Conference

American Law Institute
Member, Advisory Committee, Complex Litigation Project

RAND, 1996 - Present
Member, Board of Supervisors

Judicial Conference of the United States, 1993 - 1996
Chairman, Advisory Committee on Civil Rules

Judicial Conference of the United States, 1990 - 1993
Member, State-Federal Judicial Council

American Inns of Court, 1996 - Present
National President

Judicial Conference of the United States, 1987 - 1993
Member, State-Federal Judicial Committee

American Inns of Court

American Bar Association, Ethics 2000 Commission

Southwestern Legal Foundation
Chair of Board of Trustees

Southwestern Legal Foundation
Chairman of Board

Past Employment Positions:
Northern District of Texas, United States District Judge, 1975 - 1982

Coke & Coke, Dallas, Partner, 1964 - 1975

United States Air Force, Judge Advocate General, 1961 - 1964

Southern Methodist University Law School, Adjunct Professor of Constitutional law, 1976

Federal Judicial Center, Faculty Member

University of Texas School of Law, Adjunct Professor, Constitutional Law, 1998

Omicron Delta Kappa
Birth Information:
1938, McCalla, Alabama, United States of America

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