Justice Jack L. Landau

Distinguished Jurist in Residence

The Honorable Jack L. Landau served as an Associate Justice on the Oregon Supreme
Court from 2011 through 2017. Before his election to the Supreme Court, Justice
Landau served as a judge on the Oregon Court of Appeals for 18 years, including 12
years as a presiding judge on one of the court’s three-judge panels. He served in the
Oregon Department of Justice, first as Attorney-in-Charge of the department’s
Special Litigation Unit and later as the Deputy Attorney General. During his time at
the Department of Justice, he represented the state a wide variety of cases at trial
and on appeal, including the successful defense of the constitutionality of Oregon’s
famous public beach legislation in Stevens v. Cannon Beach and the constitutionality
of the state’s video poker laws in Ecumenical Ministries v. Oregon Lottery
Commission. He also argued the habeas corpus appeal of Keeney v. Tamayo-Reyes
before the United States Supreme Court. Landau practiced law as an associate and
partner in the Portland firm of Lindsay, Hart, Neil & Weigler, where he specialized in
complex civil litigation in both state and federal court.

Justice Landau has taught as an adjunct professor at Willamette University College
of Law since 1993. He has also taught at the University of Oregon School of Law and
Northwestern School of Law of Lewis and Clark College. In addition, he is a frequent
speaker at continuing education programs sponsored by the American Bar
Association, the Oregon State Bar, local bar associations, the Oregon Law Institute,
and the National Judicial College. In 2017, he was invited to deliver the 25th annual
Robert F. Williams lecture on state constitutional law at Rutgers University Law
School.

Justice Landau has served on the Oregon Council on Court Procedures, the Oregon
Bench and Bar Professionalism Commission, and Oregon Law Commission work
groups on Oregon state capitol workplace sexual harassment policy, conflicts of law
legislation, and standing to sue statutes. He also volunteers for the Classroom Law
Project and regularly speaks to high school civics classes around the state.

Education

  • LLM, University of Virginia School of Law, 2001
  • JD, Northwestern School of Law of Lewis and Clark College
  • BA, Lewis & Clark College

Courses

  • Law 216: Statutory Interpretation

Selected Publications

  • “First Things First” and Oregon Constitutional Analysis, 56 Will. L. Rev. ___(forthcoming 2020)
  • Oregon Statutory Construction, 97 Or. L. Rev. 583 (2019)
  • An Introduction to Oregon Constitutional Interpretation, 55 Will. L. Rev. 261 (2019)
  • State Constitutionalism and the Limits of Judicial Power, 69 Rutgers U.L. Rev. 1309 (2017)
  • Couey v. Atkins: A Reevaluation of State Justiciability Doctrine, 79 Albany L. Rev. 1467 (2016)
  • Do Precedents Take Precedence? Stare Decisis and State Constitutionalism, 77 Albany L. Rev. 1347 (2014)
  • Customary International Law in State Courts, 20 Willamette J. Int'l. L. 48 (2012)
  • Some Thoughts about State Constitutional Interpretation, 115 Penn. St. L. Rev. 837 (2011)
  • Oregon as a Laboratory of Statutory Interpretation, 47 Willamette L. Rev. 563 (2011)
  • The Search for the Meaning of Oregon's Search and Seizure Clause, 87 Or. L. Rev. 819 (2009)
  • Should State Courts Depart from the Fourth Amendment? Search and Seizure, State Constitutions, and the Oregon Experience, 77 Miss. L.J. 369 (2008)
  • The Linde Legacy and Oregon Constitutional Law, 43 Willamette L. Rev. 251 (2007)
  • A Judge's Perspective on the Use of History in Constitutional Interpretation, 38 Valparaiso U. L. Rev. 451 (2004)
  • Hurrah for Revolution: A Critical Assessment of State Constitutional Interpretation, 79 Or. L. Rev. 793 (2001)
  • Interpreting Statutes Enacted by Initiative: An Assessment of Proposals to Apply Specialized Interpretive Rules, 34 Willamette L. Rev. 487 (1998), reprinted in Norman J. Singer and J.D. Shambie Singer, 1A Statutes and Statutory Construction, 32A:5 (7th ed. 2009)
  • The Intended Meaning of " Legislative Intent" and Its Implications for Statutory Construction in Oregon, 76 Or. L. Rev. 47 (1997)

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