​Curriculum Vitae of Peter J. Aschenbrenner 
Current to 20 September 2019 
A downloadable version is available here 



Button
Contacts:
          Email:         aschenbrenner.historian@gmail.com
          Mobile:       [On request]

College / University Degrees Awarded (1968,1971): 
         
         University of Wisconsin, BA 1968 Bachelor of Arts 
         University of California at Berkeley, JD 1971 Juris Doctor


California Law Review Membership / Editorial Position (1969-1971):

                    Member, California Law Review
                                                                                 1969-1971
                    Note and Comment Editor, California Law Review

                                                                                 1970-1971

Appointment as National Convenor, International Commission for the History of Representative and Parliamentary Institutions:

In September 2018 at its annual conference in Vienna, the  International Commission (throught its Direction, the Board of Directors) named me the National Convenor for the United States in that organization. This appointment took place at the International Commission’s annual conference in Vienna.

At the request of the Direction, I facilitated the affiliation of the International Commission with the American Historical Association. I then organized two sessions of speakers; these scholars will present their work at the AHA conference in January 2020 in New York City. The sessions are titled: 
'Approaches to Parliamentary History  in the ICHRPI since its foundation (1936-2019)'
                    and
'The Medieval to the Early Modern: Origins of Contemporary Parliamentary Institutions'.

The conference will be held in New York City 3-6 January 2020.  The names of the presenters, titles of the papers and time and date of presentations will appear (this month) on the AHA website under the annual conference program tab.  See
https://www.historians.org/annual-meeting/program
A formal Call for Papers will be circulated for the January 2021 conference of the AHA/IC to be held in Seattle, Washington. 
Monograph Published (2017):

British and American Foundings of Parliamentary Science, 1774-1801 (Abingdon-on-Thames, Oxfordshire, UK: Routledge, 2017). Foreword by Sir David Natzler, Clerk of the House of Commons (Since his retirement, Sir David is now the former Clerk).

Translation Forthcoming (2020):


An Italian language translation of British and American Foundings will be published by Editoriale Scientifica, via San Biagio dei Librai 80138 Napoli. I had the pleasure of meeting Dott Alfredo De Dominicis and discussing the project with him at his office in March, 2019.  Drssa Marida Amodio Mancino is the translator, proceeding under the direction of Dott Francesco Di Donato and Drssa Sonia Scognamiglio, Università degli Studi di Napoli Parthenope.


The Papers of John Hatsell, Clerk of the House of Commons (forthcoming 2020):

This project will publish a selection of John Hatsell's 297 extant letters as well as his compilation of notes-to-himself and other ruminations appearing his Memorabilia. The volume containing this (latter) material is now at the Huntington Library in San Marino, CA. Hatsell rendered active service as Clerk from 1768 to 1797. His papers and diary are (almost entirely) unpublished.
My co-editor is Colin Lee, Principal Clerk of the Table Office at Westminster.  The project is under contract with the Royal Historical Society / ​Cambridge University Press. MS delivery date is December 2019.

In the material selected for publication, Hatsell mentions 161 members of the House of Commons; dates of his  letters and diary entries range from 1768 to 1820.  Because the pre-1801 membership of the House was 558 members, Hatsell effectively mentioned 'everybody who was anybody' in his private correspondence and diary. Wm. Pitt (the Younger) comes in for 131 mentions. Sir Malcolm Jack, a former Clerk of the House of Commons 2006-2011 has composed the Foreword to The Papers. 


Website under Construction: 

The website www.precedentsofproceedings.com is devoted to the magnum opus of John Hatsell. As of this revision, the site contains 11 of the 13 unique versions of John Hatsell's Precedents of Proceedings in the House of Commons (1776-1818). Other unpublished material appears on the site,  such as the Letters Patent relevant to Hatsell’s career.
Recent Presentation (2019) at the Andorra conference of the International Commission for the History of Representative and Parliamentary Institutions:

At the 71st Annual Conference (ICHRPI) / 71è Congrés del CIHAE, held at the Centre de Congresos, Andorra la Vella, 16-18 July I presented a paper titled 'The Political History of Micro-States: The Case of Andorra and its Constitution (1993)'. The presentation took place on Tuesday 16 July. 
L'historiador de renom Peter Aschenbrenner destaca la transició a la "velocitat de la llum" d'Andorra / Presentation on Andorra Television 16 July (2019):

Dr. Joseba Agirreazkuenaga (President of the International Commission) selected me to give an interview on Andorra television (on behalf of the IC) regarding the recent political history of that country. The interview appears online at https://www.andorradifusio.ad/noticies/politica. 
As of 20 September use the search box and key in Aschenbrenner.
This will take you to the interview which includes opening shots of my presentation in progress. 
The title supplied by Andorra TV reads (in my translation):
'The renowned historian Peter Aschenbrenner describes the transition [to constitutional government in Andorra] as being "at the velocity of light".' In this picture, my audience is reading from a handout titled (in Catalan): 'L’inventari del 29 cistelles d’habilitats canòniques per a l'adquisició i el refinament d’habilitat política al servei de la cultura política europea'. In English: 'The inventory of the canonical 29 Skill_Baskets containing the competences which practitioners of statecraft acquire and refine in the service of European political culture'. 
The slide that appears in the background (an establishing shot, showing my presentation in progress), by good fortune, captures the single most important slide of my presentation. 

This slide reads as follows: 'Hans Kelsen’s Reine Rechtslehre (1934 ed.) / Pure Theory of Law ) asserted that systems, structures and institutions in political society were not self-correcting, that political society could not be self-legitimating and that flaws in systems, structures and institutions could destabilise political society; just as these flaws did in Germany and Austria in the 1920s and 1930s. 
Recent Presentation  at Università degli Studi di Napoli Parthenope (2019): 
I recently gave a presentation at the Dipartimento di Giurisprudenza, Università degli Studi di Napoli Parthenope on 12 March 2019; this was my second presentation in Naples. The first took place on 16 October 2017 and is referred to below. The title of the 2019 presentation was ‘Le fondamenta italiane della scienza parlamentare 1494-1797 / The Italian foundation of parliamentary science’.  I presented slides and text in English and Italian for about 40 minutes, after which the graduate students and instructors (Dott Francesco Di Donato and Drssa Sonia Scognamiglio) commented on my thesis. 

Recent Presentation at Università della Calabria, Rende/Cosenza(2019): 

After my presentation at Naples, I travelled to Rende/Cosenza where I gave presentations (over two days) to undergraduate students in legal history on 14 and 15 March 2019.   This was my first presentation at Unical. Although the title of the presentation was the same as at Naples - ‘Le fondamenta italiane della scienza parlamentare 1494-1797 / The Italian foundation of parliamentary science’ I had more time (2 hours each day) to trace the sources of Italian legal and historical science from Luca Pacioli to Gaetano Filangieri.
The additional time permitted me to give a more complete exposition of the convergence of common law and continental legal systems as exhibited in a narrowing range of variables (=conditions of possible experience).  

This was my first presentation at Unical, which was organized by Dott Rocco Giurato of the Dipartimento di Scienze Aziendali e Giuridiche.

Paper Accepted by Law and Society Association (2019):

My paper ‘How Do Inventories of Prescriptions Enhance Human Dignity? A Survey of World Constitutions (1993-1995)’ was accepted for presentation at the Law and Society Association conference in Washington, D.C., 31 May – 2 June 2019. A scheduling conflict prevented me from giving this paper, however.


 
Recent Citation in European Journal of the History of Economic Thought (2019):

Professors Markus Lampe and Paul Sharp noted my ongoing work in the field of economic history in their recent article ‘Accounting for the wealth of Denmark: a case study of Smithian growth using the emergence of modern accounting in Danish dairying’. The journal URL is https://www.tandfonline.com/loi/rejh20;
The URL to their article is
https://doi.org/10.1080/09672567.2019.1634751.

The authors point out difficulties that obscured Adam Smith’s ‘thinking about the details of the components of a “natural price”, and thus also the systematic details of production costs’.  At 20.  Paul Sharp is a professor of business and economics in the Historical Economics and Development Group at the University of Southern Denmark at Odense; Markus Lampe is a professor at the Vienna University of Economics and Business.

Lampe and Sharp conclude that ‘instead of using systematic comparisons like those we outline in our analysis below, he invented a different, “let’s suppose” case study approach (WN, I, vi, 6), which incidentally became influential in jurisprudence in the United States in the early nineteenth century’. 

At this point the authors’ footnote 17 reads (in part):

We owe these points to Peter Aschenbrenner (personal communications, July 27, 2018, and August 14, 2018), who is preparing several papers on the reception of Adam Smith in legislation and jurisprudence we are much looking forward to. As Aschenbrenner also highlights, systematic comparisons presuppose the widespread and comparable use of (cost) accounting.

The authors' footnote then observes that modern scholarship has constructed the modelling devices required to dissect ‘natural price’, thereby extending Smith’s thinking on this point. The authors conclude their footnote 17 by citing to Paul Krugman’s New Economic Geography.
Recent Article Published in the UK (2019):

The Journal of Parliaments, Estates and Representation recently published my article titled 'Tracing the Sources of Parliamentary Procedure in the French Constitution of 3 September 1791'.  A previous version of this essay was presented to the 69e Congrès International pour l’Histoire des Assemblées d’Etat, Orléans, France (6 September 2017).  Taylor & Francis have supplied the URL for the 2019 published version as https://doi.org/10.1080/02606755.2019.1595380

In 'Tracing the Sources' I acknowledge the helpful comments of Dott Francesco Di Donato and Drssa Sonia Scognamiglio, Università degli Studi di Napoli Parthenope. Dott Di Donato and Drssa Scognamiglio also invited me to present a revised version at a presentation in Naples to students and faculty at the Università degli Studi di Napoli Parthenope, Dipartimento di Giurisprudenza, Napoli, Italia (16 October 2017).

The title of that presentation was: 'Potremmo replicare se volevamo o dubitaremmo che avvenisse:  Sources of Parliamentary Procedure Located in Galilei’s Discorsi e Dimostrazioni Matematiche (1638)'.  Slides were presented in Italian, French, and English.  Comments by Prof. Dott Stefano Di Donato.  

Recent Articles Published in Catalunya (2019): 

In 2019 the Universitat de les Illes Balears published my paper

'El Futur de Catalunya & Scotland’s Tomorrow: Lessons from the Eighteenth Century in Modelling Sources for Newly Organized European Governments'. This paper was given at the 2016 Conference of the International Commission for the History of Representative and Parliamentary Institutions, hosted by the University of the Balearic Islands at Palma de Mallorca, 6-9 September 2016.
The essay referred to above appears in Estudis presentats a la Comissió Internacional per a l'estudi de la Història de les Institucions Representatives i Parlamentàries, Palma 6 - 9 setembre 2016. See l Parlamentisme en Perspectiva Històrica, Parlaments Multinivell (Catalunya: Palma [Illes Balears], 2019; 2 vols.; eds. Sebastià Serra Busquets and Elisabeth Ripoll Gil [Professors d'Història Contemporània de la Universitat de les Illes Balears]).  



Presentations at Academic Conferences (2018):

Evidence Lost in a 'False Geography’: How Variable Management Enabled Bentham to Avoid Transplanting ‘English Mischiefs upon French Ground’ in his Draught of a Code for the French Judicial System. This paper was presented at the Bentham Project Symposium (12-13 April 2018, Endsleigh Gardens, UCL, London). Comments by Dr. Philip Schofield. Prospectus for publication in The Journal of Bentham Studies approved in June; article in progress; expected publication date, late 2020.

I gave a paper titled 'Chief Justice John Marshall and "The Exigencies of the Nation"' at the Lebanon Valley College (Second Annual) Conference on Political History (8-9 June 2018, Annville, PA). The paper was solicited by Prof. James Broussard, the  conference organizer; Prof. Philip Benesch provided useful comments at the session and via telephone shortly after the conference. Over the last two years this paper developed into a project that (I anticipate) will appear in 2021 as a full-length monograph under the title
James Monroe, John Marshall and ‘The Excellence of Our Institutions’ 1817-1825: How Monroe’s Presidency Became ‘an Important Epoch in the History of the Civilized World’. I should be able to announce the contract signing (with Routledge) in a few weeks. 

I presented a paper at the 2018 Conference of the International Commission for the History of Representative and Parliamentary Institutions, Vienna 7-10 September. This was titled 'The Abbreviated Life of German Austria 1918-1919: Hans Kelsen’s Reine Rechtslehre Tested Against the Austrian Revolutionary Experience'. 

This was my first paper on the work of Hans Kelsen. I heard Hans Kelsen speak at Berkeley (in October 1958). I was 12 years old at the time. I have recently  circulated a memoir of his lecture to current Kelsen scholars.  Shortly after his lecture (in the old Student Union), he spoke to students at Berkeley Law (in November 1958). On that occasion his remarks were published in the journal 'Case and Comment'. My papers in Vienna (2018) and Andorra (2019) have launched a renewed attempt to explain Kelsen’s Reine Rechtslehre to Americans. My current plan is to combine both of these papers and publish them as a single article. The project has benefited by the insights of several Kelsen scholars both in Vienna and in the United States. 

Translation in Progress (forthcoming 2020):
 
[Samuel Romilly, George Wilson, James Trail] Règlemens Observés dans la Chambre des Communes, pour débattre les matières & pour voter. Mis au jour par le Comte de Mirabeau. [Paris] 1789. [British Library copy bound with other tracts; 88 pages;  Avis [Foreword by Mirabeau] 6 pp.]. Anticipated completion date: June 2020. It is worth noting that BNF attributes authorship to Étienne Dumont and not to Romilly et al. I discovered this bibliographic fact by visiting the BNF/François Mitterand in Paris. This button will take the reader to the downloadable French version of this work. 

Button
Articles Commissioned by Public Law (Sweet & Maxwell, London); Annual Reviews of the United States Supreme Court (2015-2019): 
 
In July 2015 I was named as a permanent contributor to Public Law (Sweet & Maxwell, London). This journal is the leading journal of constitutional law in the United Kingdom and its International Survey provides a world-wide review of development in that field.

My brief is to report on United States Supreme Court decisions for the International Survey in that journal. My five annual commissioned articles (covering the Supreme Court terms 2015–2019, inclusive) are referenced below. From 2010 to 2015 editors at Public Law commissioned nine articles; the subjects were drawn from recent cases making their way through the federal courts. (These articles are noticed further down on this page.) In total I have published 14 articles in Public Law. 

United States of America—Supreme Court Term 2018 Overview—Court demands Secretary of Commerce Department defend citizenship question proposed for the 2020 national census—Refuses to review gerrymandering in Congressional districting—Invalidates ‘excessive’ police confiscations—Requires Congress to rewrite ban on ‘immoral’ trademarks.[2019] P.L. 763 (October 2019).

United States of America—Supreme Court Term 2017 Overview—Trump v Hawai’i licenses institutional racism—Janus v Illinois cripples public sector unions—Masterpiece Cakes vindicates baker fearful of maltreatment in administrative proceedings—Justice Anthony Kennedy retires— DC Circuit Judge Brett Kavanaugh nominated to the Supreme Court. [2018] P.L. 749 (October 2018).


United States of America—Supreme Court Term 2016 Overview—widespread agreement among justices on issues arising in densely regulated legal environments—investiture of Justice Neil Gorsuch 10 April 2017—interim resolution of ‘travel ban’ issues arriving from appellate tribunals; the Court sides with the government’s opponents. [2017] P.L. 699 (October 2017).

United States of America─Supreme Court Term 2015
Overview─ major themes: continued emphasis on technical analysis in discrete subject matter areas promote cohesion—Chief Justice Roberts’s leadership guides Supreme Court forward after death of Justice Antonin Scalia. [2016] P.L. 720 (October 2016).  
United States of America─Supreme Court Term 2014 Overview─ major themes: technical analysis and incremental movement in discrete subject matter areas trump ideology─Chief Justice Roberts completes tenth term on high note. [2015] P.L. 707 (October 2015).


Other Essays Commissioned and Appearing in Public Law (2010-2019): 

·       California voter-enacted ban on same-sex marriage unconstitutional. [2010] P. L. 195.
·       Iowa Chief Justice and two colleagues removed from office in November, 2010 elections. [2011] P.L. 439.
·       Patient Protection and Affordable Care Act; federal trial courts deliver mixed verdicts on constitutionality. [2011] P.L. 441.
·       Missouri courts will not set minimum sale price at foreclosure sale—creditor may obtain deficiency after tendering its own non-cash bid for title to real property. [2012] P.L. 556
·       Pennsylvania Supreme Court bars implementation of voter ID law for current election cycle; voter ID law approved over Voting Rights Act challenge; immediate implementation enjoined. [2013] P.L. 184
·       United States of America—federal Courts of Appeal strike down ‘voter suppression’ laws restricting minority ballot access. [2017] P.L. 162. (January, 2017)
·        ‘Specially Detestable Monarchs’ and the Firing of Sally Q. Yates: A Short Tour of A.V. Dicey’s ‘Rule of Law’. [2017] P.L. 320. (April, 2017)
·       United States of America — federal District Court grants Temporary Restraining Order against Trump Administration Executive Order Directing ‘Muslim Ban’ at Airports – Case C17-0141 JLR. [2017] P.L. 325. (April, 2017)
·        United States of America—Nomination of DC Circuit Judge Brett Kavanaugh to the United States Supreme Court ignites public firestorm over allegations of sexual misconduct, alcohol-fuelled misbehaviour and lack of judicial temperament—Nominee brutally describes Senate Judiciary proceedings: ‘This is a circus’— Senate vote on nomination scheduled for 6 October. [2019] P.L. 220. (January, 2019) 

Book Reviews (2016-2017):

For The Journal of Military History (Society for Military History, US):

The Man Who Captured Washington: Major General Robert Ross and the War of 1812; by John McCavitt and Christopher T. George (Norman: OK: University of Oklahoma Press, 2016). Vol. 80, No. 4 (Oct. 2016) at 1203-1204.

For the Political Studies Review (Political Studies Association, UK):
 
Called to Account: How Corporate Bad Behaviour and Government Waste Combine to Cost Us Millions by Dame Margaret Hodge (London: Little, Brown Book Group, 2016) Volume 15, Issue 3, pp 477-478; August, 2017 for the Political Studies Review (Political Studies Association, UK.

Time and Politics: Parliament and the Culture of Modernity in Britain and the British World by Ryan A. Vieira (Oxford University Press, 2015). Vol. 15, Issue 2, p. 316; January, 2017.

Presentations at Academic Conferences (2017):

'Federal Publication Programs & Activist Government, 1817-1825'. I gave this paper at the 2017 Lebanon Valley College Conference on ‘Politics in the Era of Good Feelings’; hosted by the Center for Political History, Lebanon Valley College, at Annville, PA, 27 May 2017. Comments by Prof. Wm. Cutler, Temple University.

«Nous ne voulons rien des Anglais. Nous ne devons imiter personnne» Sources of Parliamentary Procedure in the French Constitution of 3 Septembre 1791. Paper delivered at the 69e Congrès International pour l’Histoire des Assemblées d’Etat, Orléans, France, 5-8 September 2017 (6 September; slides presented in French, English and German). Presiding academic Dott. Sandro Guerrieri, Dipartimento di Scienze Politiche, Université La Sapienza, Rome.

Federal Judicial Appointments (1974, 1978, 1982, 1986, 1990):
 
I served 16 years as a United States Magistrate Judge in the United States District Court for the District of Alaska. The Hon. James A. von der Heydt, United States District Judge, appointed me to the bench for the four-year term 1974-1978.  Subsequent appointments for four year terms followed in 1978, 1982, 1986 and 1990. I retired from the bench in 1991. In July 1974 a clerk of the District Court in Fairbanks pointed to the signature line at the bottom of a printed form. ‘Sign here’, she ordered.  That was my ‘investiture ceremony’. There is no official notice of the 1974 order (appointing me) in the recorded General Orders of the United States District Court (for the District of Alaska). Subsequent General Orders, however, do notice my service. 
 
As a judge I presided over 12 jury trials (in misdemeanor cases) and conducted more than 1000 bench trials (mostly traffic infractions) occuring on military bases in Alaska. My courtroom service (principally) took place in Fairbanks, Alaska with additional service in Anchorage, Alaska and in one instance in Adak, Alaska; on that occasion, I conducted a naturalization ceremony in the Chapel at the Naval Base.  Following statutory procedure, I administered the 'Ironclad' Oath (1862) to new citizens.  

As a sidebar to the foregoing: I have attended (as a participant) several judicial training sessions (conducted by the Federal Judicial Center) in Santa Fe, New Mexico, La Jolla and Monterey, California over my 16 plus years on the bench. I have also attended magistrate training sessions (conflating various titles such as 'lay magistrate', stipendiary magistrate, recorder, etc.) in London, Paris and Vienna. Professional training for entry level judicial officers is a long-standing interest of mine.

Presentation at Clerk’s Residence, Westminster (2015): 

Presented work-in-progress at 3 Parliament Street, SW1A 2NE at the invitation of Sir David Natzler, Clerk of the House of Commons re: British and American Foundings of Parliamentary Science (9 July 2015).

Launch Party at Westminster (2017):
 
Drawing Room No. 3 at 3 Parliament Street was the venue for the launch party celebrating the publication of British and American Foundings of Parliamentary Science, 1774-1801 on 6 November 2017.  Host: Sir David Natzler, Clerk of the House of Commons.

Presentations at Academic Conferences (2014-2016):

'El Futur de Catalunya & Scotland’s Tomorrow: Lessons from the Eighteenth Century in Modelling Sources for Newly Organized European Governments'. I gave this paper at the 2016 Conference of the International Commission for the History of Representative and Parliamentary Institutions, hosted by the University of the Balearic Islands at Palma de Mallorca, 6-9 September 2016. This paper was accepted for publication by the Institut d'Estudis Autonòmics of the Universitat de les Illes Balears, Palma de Mallorca.  See above for publication details. 

Risking High Intensity and Managing Lower Intensity Conflicts via the Approach to Readiness for Mobilization Crafted by the Madison, Monroe and Adams Administrations, 1814-1829; paper given at the biennial conference of the Center of Military History, Department of the Army, at the U.S. Army Historians Training Symposium, 27-31 July 2015, Crowne Plaza National Airport Hotel, Crystal City, Virginia.

Bungled Battlefields in the War of 1812: The Leadership of Generals Hull, van Rensselaer and Winder, paper given at the annual conference of the Society for Military History (April 9-12, 2015, Montgomery, Alabama); panel organized under the title 'American Amateurs: Political Generalship in the Armies of the United States from 1812 to 1865' with Col. Michael Bonura.

How the Federal Constitution and Declaration of Independence Were Saved by an Ox Cart, paper delivered at the Historical Society of Washington, D.C. at its 2014 Annual Conference on DC Historical Studies, November 21, 2014.

Managing the Endowment of Child Entities in Complex Systems: The Case of National Banking Legislation, 1781-1846, paper delivered at the Sixth Annual Complexity in Business Conference on October 31, 2014, at the Ronald Reagan Building and International Trade Center.  
Military Talent and Tactics in Defense of a National Capital: Madison's Lessons Learned from Napoleon's Capture of Moscow, paper delivered at the annual conference of the Society for Historians of the Early American Republic (July 20, 2014, Philadelphia); comments by Dr. Ralph Ketcham.

Work in Progress Presented (2014): 

The Science of Public History in the United States: Congress Founds the Ordered Spines of 1815-1861, work in progress presented at the invitation of the History Graduate Students Association workshop (February 2014 in Lafayette, Indiana).
         
Comments Presented at International Plato Society (2013):

Comments on Professor Zina Giannopoulou’s “Appropriately Named: Painting, Language, and Structure in Plato’s Cratylus,” at the International Plato Society conference, May, 2013, Palo Alto, California.

Regular Contributions to The Journal of the Alaska Bar Association (2001-2018):

From 2001 to 2018 I published 56 articles in The Bar Rag, the Journal of the Alaska Bar Association. These are the most recent.
 
Civil Rule 3(c) And Inter- And Intra-Judicial District Venues: Op. 7266 Brooks Range Petroleum Corporation v. Shearer Carefully Considered,  1 OCL 154, published in the Journal of the Alaska Bar Association, January-March 2019 issue.

‘The New Olde “Retro-Only” Decision: Parties À La Mode At The Supreme Court, Slip Op. 7236. H.A.M.S. II reverses H.A.M.S. I’ 1 OCL 155, published in the Journal of the Alaska Bar Association, July-September 2018 issue.

AS 09.10.052 Explained via Reeves v. Godspeed, Slip Op. 7219: Scalia’s Lucas v. South Carolina applied to private takings of private easements, 1 OCL 154, published in the Journal of the Alaska Bar Association, April-June, 2018 issue.

Ancient Precedents of Ketchikanian Land Tenures: Slip Op. 7207 (Dixon v. Dixon) Explained, 1 OCL 153, published in the Journal of the Alaska Bar Association, January-March 2018 issue.

Deborah Ivy v. Calais Company, Slip Op. 7176, 1 OCL 152, published in the Journal of the Alaska Bar Association, July-September 2017 issue.   

Hwang v. Alaska Fur Gallery, Slip Op. 7164 Recapitulates Bardell v. Pickwick with Dean Wigmore Missing in Action, 1 OCL 151, published in the Journal of the Alaska Bar Association, April-June 2017 issue; appearing online (retitled) at https://www.academia.edu/33705413.

The First Consul’s Sale of the Louisiana Territory: Did Ambiguous Boundaries Sweep in Alaska? 1 OCL 150, published in the Journal of the Alaska Bar Association, January-March 2017 issue; appearing online (retitled) at https://www.academia.edu/33705796.

The ‘Play of the Parties’ and ‘Myriad and Complex’ Facts: What’s ‘Difficult to Know’ about AS 9.10.240, 1 OCL 149, published in the Journal of the Alaska Bar Association, July-September 2016 issue; appearing online (retitled) at https://www.academia.edu/33720751.

Arguing Your Case to the Supremes: A Religious Service Coming to a Courtroom Near You, 1 OCL 148, published in the Journal of the Alaska Bar Association, April-June 2016 issue; appearing online (retitled) at https://www.academia.edu/33689833.

The Surprising Afterlife of the Alaska Territorial Code: Am. Trading v. Steele, 272 F. 774 (9th Cir. 1921) Analyzed (2016), 1 OCL 147, published in the Journal of the Alaska Bar Association, January-March, 2016 issue; appearing online (retitled) at https://www.academia.edu/22192234.

Goodness and Fairness at Work at the Alaska Constitutional Convention (1955-56) (2015), 1 OCL 146, published in the Journal of the Alaska Bar Association, October-December 2015 issue; appearing online (retitled) at https://www.academia.edu/22254123.

Comments on Williams-Yulee v. Florida Bar Association, 135 S. Ct. 1656 (2015), 1 OCL 145, published in the Journal of the Alaska Bar Association, July-September 2015 issue; appearing online (retitled).

Jefferson’s Manual of Parliamentary Practice, Considered in Aid of Alaska’s First Territorial Legislature, 1 OCL 144, published in the Journal of the Alaska Bar Association, April-June 2015 issue; appearing online (retitled) at academia.edu/14855913.

Maryland’s Delayed Ratification of the Articles of Confederation: An Explanation for Seward’s Purchase of Alaska? 1 OCL 138, published in the Journal of the Alaska Bar Association, October-December 2013 issue; appearing online (retitled) at academia.edu/9176443.

James Madison’s Federalist No. 10 Considered in a Very Large State, 1 OCL 136, published in the Journal of the Alaska Bar Association, April-June 2013 issue; appearing online (retitled) at academia.edu/9176365.

Interviewing Chief Justice Wm. Rehnquist (2001):

This is recorded in my first article 'Tea with the Chief' in the Journal of the Alaska Bar Association. 'The office into which the three of us were admitted for tea at thirty seconds past ten was Italianate, evoking the eponymous scene from the film, 'Tea with Mussolini'. For American tastes, lavish in black marble, gold trim here and there set off, on our left, by a merely decorative fireplace, and on either side of that feature, a magnificent view of a garden to the rear of the Court’s block. Wing chairs with bold colors in yellows and blues and reds and a beige sofa. A coffee table between the four of us presents the tea service.'

It bears mention that I am the only praticing American lawyer to enter that inner sanctum through the conference room in which the justices discuss pending cases. I was not the only one to remark on this point.

    'Where do you teach, Professor Aschenbrenner?' the Chief Justice graciously asked me as our party exited the conference room and walked into the hallway outside.  
    'There is no law school in Alaska, I answered.
       Outside it was all bright sunshine reflecting off the Vermont marble. 
    The guards chased us off the steps after a couple of casual snaps. It was rather pleasant to take tea with the Chief Justice and not at all what I had expected, which is rather the charm of being from a place too far away.

Court Rules Attorney; Service with the Alaska Supreme Court (1973-1974): 

I served as the first court rules attorney in the Alaska Supreme Court, 1973-1974. I drafted new forms and set up a committee to review all the existing civil rules and bring them into conformity with the Federal Rules of Civil Procedure.  

Student Essay Cited in Ninth Circuit Opinions and other Literature (1971):

Comment, 'State Power and the Indian Treaty Right to Fish,' 59 Cal. L. Rev. 485 (1971). Judge Anthony Kennedy (then on the Ninth Circuit) cited my Comment on two occasions: first in United States v. Washington, 645 F. 2d 749, 754 n. 7 (9th Cir. 1981) and, on the second occasion, State Power was only student essay to which he cited. See United States v. Oregon, 657 F. 2d 1009, 1016 (9th Cir. 1982)(Anthony Kennedy, J.) Three other authors have cited this essay in monographs and law review articles.


[cited in United States v. Washington, 645 F. 2d 749, 754 n. 7 (9th Cir. 1981) (Anthony Kennedy, J.) and United States v. Oregon, 657 F. 2d 1009, 1016 (9th Cir. 1982)(Anthony Kennedy, J.) and in other opinions.]  Also cited in Arthur F. McEvoy, The Fisherman's Problem: Ecology and Law in the California Fisheries, 1850-1980 (Cambridge University Press, 1990) at 331.

Student Essay Commissioned for California Supreme Court Review (1969-1970): 

Note, 'Removal of Non-Conforming Uses: Amortization,' 59 Cal. Law Rev. 242-252 (1971)[appearing in CLR’s review of the 1969-1970 term of the California Supreme Court].

Student Honors (1970-1971):

Note and Comment Editor, California Law Review (1970-1971);
Organizer, Indian Law Seminar (Spring 1971);
Law and the Native Americans (co-author with D. Rebecca Snow) 1971.  This was a casebook for the Indian Law Seminar that we organized for the spring semester, 1971 at Berkeley Law.  

Appellate cases argued or briefed with opinions published in West’s Alaska Reporter (1975-2010):
 
CITATION                            COURT/YEAR                     TITLE                             
225 P.3d 1097                       (Alaska 2010)                       Mat-Su Regional v. Voss
141 P.3d 726                         (Alaska 2006)                       Valley Hospital v. Brauneis
137 P.3d 289                         (Alaska 2006)                       FNSB v. ICHRRA
135 P.3d 1000                       (Alaska 2006)                       ICHRRA v. FNSB
115 P.3d 527                         (Alaska 2005)                       Interior Trails Coalition v. Swope
113 P.3d 613                         (Alaska 2005)                       State v. Trust the People
84 P.3d 418                           (Alaska 2004)                       ANTHC v. Settlement Funds
66 P.3d 736                           (Alaska 2003)                       Jerue v. Millett
995 P.2d 657                         (Alaska 2000)                       Parks Hiway v. CEM Leasing, Inc.
835 P.2d 1225                       (Alaska 1992)                       UAF v. Patten
768 P.2d 124                         (Alaska 1989)                       Smith v. Krebs                       
761 P.2d 1013                       (Alaska 1988)                       Rybachek v. Sutton 
756 P.2d 270                         (Alaska 1987)                       Lundgren v. NBA
742 P.2d 227                         (Alaska 1987)                       Lundgren v. NBA
742 P.2d 781                         (Alaska 1987)                       ITA. v. FNSB
736 P.2d 1147                       (Alaska 1987)                       Donnybrook v. FNBA
723 P.2d 1267                       (Alaska 1986)                       Gaudiane v. Lundgren                 
713 P.2d 1203                       (Alaska 1986)                       Drake v. Hosley                      
670 P.2d 707                         (Alaska 1983)                       Vest v. FNBF
664 P.2d 575                         (Alaska 1983)                       State Dept. of Labor v. UAF
663 P.2d 547                         (Alaska 1983)                       Hayer v. NBA
659 P.2d 1233                       (Alaska 1983)                       Vest v. FNBF
658 P.2d 761                         (Alaska 1983)                       Bentley Family Trust v. Noyes
630 P.2d 13                           (Alaska 1981)                       Morris v. State                      
628 P.2d 565                         (Alaska 1981)                       City of Fairbanks v. Rice            
628 P.2d 918                         (Alaska 1981)                       Ballard v. Stich                     
623 P.2d 1216                       (Alaska 1981)                       Alaska Ins. Co. v. RCA Alaska
621 P.2d 887                         (Alaska 1980)                       State v. 18,018 Square Feet
618 P.2d 561                         (Alaska 1980)                       Walker v. White                      
615 P.2d 1                             (Alaska 1980)                       Penn v. Ivey                         
615 P.2d 631                         (Alaska 1980)                       Dalton v. ICB
599 P.2d 746                         (Alaska 1979)                       Veach v. Meyeres Real Estate, Inc.   
593 P.2d 621                         (Alaska 1979)                       Robinson v. State                    
581 P.2d 218                         (Alaska 1978)                       Ashbrook v. O'Harra                  
577 P.2d 1077                       (Alaska 1978)                       Miller v. State                      
575 P.2d 782                         (Alaska 1978)                       Gipson v. State                      
569 P.2d 1338                       (Alaska 1977)                       Maher v. Maher                        
567 P.2d 311                         (Alaska 1977)                       Duncan v. City of Fairbanks          
564 P.2d 1219                       (Alaska 1977)                       Taylor v. State                      
559 P.2d 104                         (Alaska 1977)                       ICB v. Bussing
549 P.2d 1341                       (Alaska 1976)                       Loomis v. Schaefer
548 P.2d 279                         (Alaska 1976)                       Morrow v. New Moon Homes       
545 P.2d 163                         (Alaska 1976)                       Nickels v. State                     
540 P.2d 1056                       (Alaska 1975)                       City of Fairbanks v. Metro Co.

Gubernatorial Appointments (2004, 2008):

I was appointed as Attorney-Commissioner, to the Alaska Commission on Judicial Conduct,by the Hon. Frank Murkowski, April 2004.
I was reappointed as Attorney-Commissioner to the Commission by the Hon. Sarah Palin, April 2008 following my unanimous nomination in the Bar poll when my first term expired.  According to legend Gov. Palin had another candidate in mind for the position; her assistant was required to explain to her that, given my nomination by the Board of Directors of the Alaska Bar Association (and after I ran unopposed for reelection), the Alaska constitution compelled her to appoint me. She did; the Alaska State Senate confirmed my nomination. The only question I was asked - at the phone-in hearing on my nomination - concerned the title of my recent Bar Rag article 'Hey Dude, Where's My Wig?' 

Books Self-Published in Alaska (1991-2010):
 
From 1991 to 2010 I published 17 books on various topics of Alaska and federal law.  At various times (almost all of) these books were available through third-party vendors in Alaska.  Public and state libraries in Alaska also acquired some titles. A few of these books have (vestigial) links that pop up, from time to time, on amazon.com.  These books were not kept up-to-date after 2010.  My cousin, Connie Aschenbrenner, is now the sole author of the Alaska Wills & Trusts Guidebook.

The other 16 are:
The Alaska ‘At Will’ Employment Manual
The Alaska ‘Just Cause’ Employment Manual
The Alaska Nonprofit Corporation Manual
The Alaska Business Corporation Manual
The Alaska Limited Liability Manual
Better Recoveries From Bad Debt
Alaska Wage & Hour /Fair Labor Standards Act Manual
Managing the City and Borough Worker
The Thoroughly Modern Landlord
The Alaska Commercial Landlord
Alaska Health Care Provider Lien Manual
Alaska Small Claims Court Manual
Managing Shareholder Transfers for Alaska Village Corporations
The Alaska Village Corporation Manual
Annotated By-Laws: A Guidebook for Nonprofit Corporations
 
A Professional Writer: A Life in Brief:
 
In 1991 I was invited to contribute a few remarks on the subject of landlording in Alaska.  The host was a process-server whose business had expanded into checking tenants’ references for landlords.  I served as ‘window-dressing’.  This was the Ambassador Room, in the basement of a hotel near the Federal Building in Fairbanks. Think dank odours and odd choices of hors-d’oeuvres.

Landlords appeared by the dozen.  To prepare for the event – in the week afforded me – I proceeded (as any competent lawyer in his mature years would do) by copying a few pages from the Alaska Code of Civil Procedure, adding a few pages of do’s and don’t’s, and sprinkling some bullet points over the resulting mélange. I appended my name, address and telephone number and distributed this humble hand-out to those in attendance.

I  titled the hand-out with a sonorous name, that of The Thoroughly Modern Landlord. This name was an homage to a terrible film, a regrettable waste of celluloid starring Julie Andrews as Millie. Soon enough I was giving my own workshops.  I added more and more pages of the State Code of Civil Procedure.  I appended comments. I threw in a few forms (samples with blanks and forms completed with fictitious names) and soon enough, participants paid for the cost of printing the material. It was a break-even or go-home proposition, as we say in Alaska.

Clients brought their questions, problems, concerns.  They posed their questions to the author of The Thoroughly Modern Landlord. TML matured into a full-length book, over 150 pages, filled with forms, materials, commentary.  And a 3.5” disk for downloading these forms.

That was quite a thrill: writing, rewriting, editing, organizing, arranging, publishing, workshopping, revising the materials. I then composed ‘how to’ books on the subject of business organizations, employment relations, and personal planning. Specialty volumes were directed, for example, to commercial leasing and issues of interest to Alaska Native corporations such as recording ownership of shares in Alaska Regional and Village Corporations.

By 2010 I had completed, published, held workshops on 17 books. A few of them made their way into the public and state library system at the request of those institutions.  Over 50 workshops had been commissioned, that is, paid for by public and private institutions that wanted a specific product delivered to them. These included the Alaska Court System, many non-profit corporations in Alaska, and several Native Alaska corporations.

The manner in which I proceeded was highly acceptable to the audience; they accepted that there would be questions I couldn’t answer. The eager ones came back for the return workshop in which I had more answers. Or better answers. By hearing the questions that other people posed, participants were able to get a state of the art, so to speak, of what was involved in collecting judgments in small claims court for a small business organization or bank or utility company.  

It’s one thing for a participant to have a one-off problem that can only be resolved by private consultation with counsel. On the other hand, there are problems that are generic. Sometimes they had answers; sometimes they had no answers. Some of the answers were highly practical, some of the answers were work-arounds, and some of the answers were in the Alaska statutes or, rarely, Alaska caselaw. But people were overjoyed to discover how much of the structure (of their daily business lives) had already been anticipated; information had been piled up and was held in reserve for the moment when they decided to search it out. Nobody had explained to them how these intersections were going to work out in their daily business life.

Workshops Conducted in Alaska (1991-2010):
 
The following organizations commissioned/sponsored workships using manuals I published in the time frame 1991-2010:
 
National Business Institute
Alaska Society of Independent Accountants
Lorman Education Services
Sterling Education Services
Ft. Wainwright Family Housing Association
Alaska Real Estate Commission
Lawyers For Justice

A Professional Life, Narrated:
 
Even before I graduated  from Berkeley Law (1971), I fell in love with Alaska, despite having no fixed idea of what life was like in The Great Land. I bought a 4x4 International Harvester D1110 Travelall, drove to Anchorage (a Marine Hiway ferry took me (and 'The Green Monster') from Seattle to Haines) and arrived on 27 March at 5.30 pm.  This was the 8th anniversary of the earthquake. In my 39 years in Alaska I brought up four children, built up a law firm with offices in the two largest cities, discovered the pleasure of professional writing, wrote seventeen books on Alaska law and self-published them (1991-2010).  Also of interest: a low-level federal magistrate judgeship (1974-1991), judging judicial ethics on a state ethics commission (2004-2012) and 44 appearances before the state supreme court (1972-2010).
 
In 1999 I was invited to join the British Supreme Court research group (as the only American). After an interview with Chief Justice Wm. Rehnquist (September 2000) at 100 Maryland Avenue (and a telephone interview with Attorney John Roberts), I decided to join the profession of historians. At the SHEAR conference in Philadelphia, I met Prof. John L. Larson (2011) who secured a research appointment for me and this enabled me to complete British and American Foundings and secure a contract to publish this work with Ashgate (later merged into Routledge).

Explaining my UK and European connections goes off in other directions: I refer to student days at St. George’s Hanover Square in London (1957) and the Maximiliansgymnasium on Siegfried Strasse in Munich (1963-1964). Please consult wiki/Karl_Aschenbrenner for additional background.     












Sequential Education in Detail.
 

From 1950 to 1956 I attended Hillside School, a primary school in the Berkeley School District system (grades K-5) at 1581 Le Roy Avenue Street in Berkeley, CA.
In the fall of 1956 I attended the Vienna International Community School (now the American International School) on Bauernfeldgasse 40, in the 19th Bezirk, Wien, AT.
In the spring of 1957 I attended St. George’s Primary School (Hanover Square), a London County Council school, on 47 South Street (Mayfair) London, UK.
From 1957 to 1960 I attended Garfield Junior High School on Vine Street in Berkeley, CA (grades 7-9).
From 1960 to 1963 I attended Berkeley High School on Milvia Street in Berkeley, CA (grades 10-12).
From 1963-1964 I attended the Maximiliansgymnasium on Siegfriedstr. (official address Karl-Theodor-Str. 9) in München, Germany.
From 1964-1966 I attended the University California, Berkeley as an undergraduate.
From 1966-1968 I attended the University of Wisconsin, Madison as an undergraduate.
From 1968-1971 I attended Berkeley Law (then Boalt Hall) at the University of California, Berkeley.
I omit a variety of other educational programs/levels completed, such as obtaining a training as a Certified Mediator, passing the Alaska Real Estate Licensing examination, ditto the Alaska Insurance Licensing examination, and so forth.