Curriculum Vitae

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EDUCATION:

         J.D., 1959, New York University, School of Law. 

         B.A., 1954, New York University, School of Arts and Sciences.

TEACHING:

         Brooklyn Law School: 

                  Rank:

                         Professor of Law, Emeritus, November 1, 1995

                         Professor of Law, September 1, 1976

                  Administrative:

                         Associate Dean

                         Director, Foreign Trained Lawyers Program

                         Director, Clinical Programs Curriculum

                  Courses:

                         Constitutional Law

                         American Constitutional Theory (seminar)

                         Foreign Affairs, National Security and the Constitution (seminar)

                         The Rehnquist Court (seminar)

                         Problems in Constitutional Law (seminar)

                         Civil Liberties (seminar)

                         Appellate Advocacy (seminar)

                         Legal Process

                         Special Seminar for Foreign Trained Lawyers

                         Legal Ethics/Professional Responsibility

                         Administrative Law

                         Jurisprudence (seminar) 

                         Retirement: November 1, 1995

                         University of New Mexico School of Law: 

                         Visiting Professor, Fall semester, 1993


PUBLICATIONS:

Books

The Gold Clause: What It Is And How To Use It Profitably (ed.) (Books in Focus, New York 1980). (Alternate Selection of the Conservative Book Club. Republished by iUniverse, Inc., Campbell, California).

Government's Money Monopoly: Its Source And Scope And How To Fight It (ed.) (Books in Focus, New York 1981). (Republished by iUniverse, Inc., Campbell, California).

Sweet Land Of Liberty?: The Supreme Court And Individual Rights (Common Sense Press, Costa Mesa, California 1982). (Republished by iUniverse, Inc., Campbell, California).

Speaking Freely: The Case Against Speech Codes (ed.) (Second Thoughts Books, Los Angeles, California 1994).

“Aid And Comfort”: Jane Fonda In North Vietnam (with Erika Holzer) (McFarland & Company, Jefferson, North Carolina 2001).

Fake Warriors: Identifying, Exposing and Punishing Those Who Falsify Their Military Service (with Erika Holzer) (Xlibris Corporation, Philadelphia, Pennsylvania 2003).

Why Not Call It Treason?: Korea, Vietnam, Afghanistan and Today (Xlibris Corporation, Philadelphia, Pennsylvania 2003).

 

The Keeper of the Flame (Madison Press 2006).

 

The Supreme Court Opinions of Clarence Thomas, 1991-2006, A Conservative's Perspective (McFarland & Company, Jefferson, North Carolina 2007).


Articles and Essays (1959-1995)

"The Supreme Court and Standing to Sue," 34 N.Y.U. Law Review 141 (1959) (with Erika Holzer).

"Liberty or Equality," 8 Modern Age 134 (1964) (with Erika Holzer); reprinted in Congressional Record, Vol. 110, No. 135 (introduced by Senator Ervin).

"F.D.R. and the Golden Fleece," 2 Verdict Magazine16 (1965) (with Erika Holzer).

"The Constitution and the Draft," 6 The Objectivist No. 10 (Part I) and No. 11 (Part II) (1967) (with Erika Holzer); reprinted as a monograph by The Objectivist (1967).

"A Statement of Policy (Part II)," 7 The Objectivist 1 (1968).

"The Draft Extension Act and New Regulations," New York Law Journal (1972).

"New York's Sabbath Laws and the U.S. Constitution," New York Law Journal (1972).

"How Americans Lost Their Right to Own Gold – and Became Criminals in the Process," 39 Brooklyn Law Review 517(1973); condensed versions reprinted in 23 Law Review Digest 69 (1973) and in 43 California Mining Journal. 3 (1973); reprinted in 1 Comstock Quarterly 48 (1980); reprinted as a monograph by Committee For Monetary Research and Education (1981).

"Gold and the Endless 'Emergency," The Wall Street Journal (1973); reprinted in Congressional Record, Vol.119, No. 104, S.12264 (1973) (introduced by Senator Dominick).

"The Toothless Tiger – Is Section 1983 of the Civil Rights Act a Viable Exception to the Federal Anti-Injunction Statute?" 38 Albany Law Review 33 (1973).

"Can We Restore the Gold Clause?," The Wall Street Journal (1975); reprinted in Gold Newsletter (1975).

"Private Gold Ownership: Right Versus Privilege," 92 Banking Law Journal 334 (1975).

"Is Private Gold Safe from Government Confiscation,?" 90 The Numismatist 479 (Official Publication of the American Numismatic Association) (1977); reprinted in Gold Standard News (1981).

"The Gold Clause," IX Gold Newsletter 1 (1980).

"The Coming Confiscation of Gold," Market Alert 1 (1981).

"Gold and Monetary Freedom" (Testimony before the United States Gold Commission,1981, in Washington, D.C.); reprinted by: Research Report, American Institute for Economic Education (1981) and The Dines Letter (1982).

"An Update on Gold Confiscation Prospects," XI Gold Newsletter 5 (1982).

"The Fourth Branch of Government," VIII Common Sense Viewpoint 10 (1982).

"The Gold Clause," VIII Common Sense Viewpoint 12 (1982).

"What Killed E.R.A.?," VIII Common Sense Viewpoint 15 (1982).

"Government's Money Monopoly (Part I)," VIII Common Sense Viewpoint 6 (1982).

"Government's Money Monopoly (Part II)," IX Common Sense Viewpoint 14 (1983).

"What Are the Limits on Government's Power to Tax?" and "Is Gun Control Constitutional?," IX Common Sense Viewpoint 14, 16 (1983).

"Double Eagles and Silver Dollar: Are They Money or Property?," IX Common Sense Viewpoint 21 (1983).

"The Future of Financial Privacy," IX Common Sense Viewpoint 17 (1983).

"Rendering Unto Caesar: The Amish and the Supreme Court,” Common Sense Viewpoint 15 (1983).

"Can Gold Be Confiscated?," IX Common Sense Viewpoint 15 (1983).

"The War On Tax Havens," IX Common Sense Viewpoint 17 (1983).

"Fraud and Evasion – What Are They?," IX Common Sense Viewpoint 12 (1983).

"Countdown to 1984: Wealth, Privacy and the State," Wealth Magazine (1983); (reprinted in VI Commodity Option Letter 6 1984).

"Everything You Always Wanted to Know about Tax Evasion (But Were Afraid to Ask)," Financial Security Digest (1984).

"Who Owns Your Property?," X Common Sense Viewpoint 10 (1984).

"Conservatives Cure Thyselves," California Lawyer (1985).

"Reassessing Roe v. Wade," II Judicial Notice 16 (1985).

"The Sodomy Solution: Repeal Not Appeal," Reason magazine (1986).

"The True Reynolds v. U.S.," 10 Harvard Journal of Law and Public Policy 43 (1987).

"Dubious Deal By the ABA," The Washington Times (1987) (with Erika Holzer).

"Et Tu, ABA," 1 Liberty 18 (1988) (with Erika Holzer).

"The First Amendment and National Security,” 43 University of Miami Law Review 61 (1988).

“Yonkers Attorney Counters [William Bradford] Reynolds," XI Family, Law & Democracy Report 15 (1989).

"What's Really Important in Yonkers?," XI Family, Law & Democracy Report 14 (1989).

"Civil Rights and the States: Section 1983 in New York," XXXIV New York Law School Law Review (1989).

"Texas v. Johnson, cont'd.," 30 University of Santa Clara L. Rev.649 (1990).

“The Physician's License: An Achilles Heel?," 12 The Journal of Legal Medicine 201 (1991).

"Local Government Redistricting in New York: Where Does the Power Repose?" 57 Brooklyn Law Review 1059 (l992) (with Steven Barshov).

"Souter Really Didn't Matter: Revisiting the Ethics of Muller v. Oregon in the Supreme Court's l990 Term," 11 Glendale Law Review 101 (1992).

"The Endless Ordeals of Jacqueline Ortiz: A Desert Storm Soldier's Unsuccessful Attempt To Recover For A Sexual Attack By Her First Sergeant" 24 University of New Mexico Law Review 52 (1994).

"Pro Bono Lawyers Are Sought For Animal Rights," The National Law Journal (1992).

"The Non-Self-Evident Importance of Free Speech," The Defender (1994).

"An Open Letter to Floyd Abrams," The Defender (1994).

"Free Speech and the Pharmacists," The Defender (1994).

"Fast Food, Frenchmen, and the First Amendment," The Defender (1994).

"Hate Speech and Crowded Theaters," The Defender (1994).

"Abortion, Speech, and the Supreme Court's "Ad Hoc Nullification Machine," The Defender (1995).

"In Defense of Leonard Jeffries," The Defender (1995).

"Back to the Company Town," The Defender (1995).

"The Big Parade," The Defender (1995).

"Contradictions Will Out: Animal Rights vs. Animal Sacrifice in the Supreme Court," 1 Animal Law 1 (1995).

Miscellaneous (1972-1995)

"Cases and Other Materials on Appellate Advocacy," prepared for use at Brooklyn Law School during each academic year from 1972 to 1983 (unpublished).

"Introduction: Federal Procedure," 42 Brooklyn Law Review 1097 (1976).

Book Review, “Government by Judiciary” by Raoul Berger, 44 Brooklyn Law Review 725 (1978).

Founder and Editor, Animal Rights Law Reporter, 1980-1983, a quarterly publication of Society For Animal Rights, Inc., a national humane organization.

Book Review, “Alternatives to Pain in Experiments on Animals” by Dallas Pratt, M.D., Society For Animal Rights Report (1981).

Commentary, "Administrative Law," 47 Brooklyn Law Review 613 (1981).

"Cases and Other Materials on Legal Process" (1982), prepared for use at Brooklyn Law School during the 1982-1983 academic year (unpublished).

"Supplementary Cases and Other Materials on Constitutional Law" (1982), prepared for use at Brooklyn Law School during each academic year from 1982 to 1987 (unpublished).

Founder, Publisher and Editor, The Section 7201 Report, 1983-1985. (Essays often reprinted in other publications, e.g., Oct. 1983 issue of The Coin Wholesaler).

Book Review, “Judgment in Berlin” by Herbert J. Stern, Legal Times of New York (1984); reprinted in Reason Magazine (1984).

"Cases and Other Materials on Legal Method" (1984) prepared for use in Brooklyn Law School's Special Seminar for Foreign Trained Lawyers during academic years 1984-1985, 1985-1986, and 1988-1989 (unpublished).

Chapter, "Philosophic Assumptions of Some Contemporary Judicial Doctrines," in The American Family and the State, Pacific Research Institute for Public Policy (1986).

Book Review, “The Judges War: The Senate, Legal Culture, Political Ideology and Judicial Confirmation” by Patrick McGuigan (ed.), The Washington Times (1987).

"Holiday Reading," 1 Oasis 52 (1987).

Book Review, “To Choose Freedom” by Vladimir Bukovsky, Reason Magazine (1988).

"Supplementary Cases and Other Materials on American Constitutional Theory" (1989), prepared for use at Brooklyn Law School during the 1989-1990 academic year (unpublished).

Chapter, "Bork v. Wald: Standing Beyond the D.C. Circuit," in “Law, Economics and Civil Justice: A Reform Agenda for the Nineties,” Institute for Government and Politics (1995).

"An Open Letter To Those In the Animal Rights/Welfare Movement Who Have Suddenly Become Alert To The Danger Of Defamation Lawsuits," International Society For Animal Rights Report (1991).

"Good Intentions Gone Astray: Thwarted Gifts For The Benefit Of Animals," International Society For Animal Rights Report (1991) (with Helen Jones and Erika Holzer).

"There's Nothing Greedy About These Doctors," Commentary, Sunday Gazette-Mail, Charleston, West Virginia (1991).

Chapter, "The Supreme Court's `Second Thoughts' About Race and the Constitution," in Second Thoughts About Race in America, Collier and Horowitz (ed.), Madison Books (l99l).

"Cases and Materials on the Rehnquist Court" (1992), prepared for use at Brooklyn Law School during the Spring 1992 semester (unpublished).

Chapter, "Sauce for the Goose: The Left, The Right, and Free Speech," in 1995 Public Interest Law Review 1.

Additional articles, essays, reviews and other writing from the period between 1995 and the present may be found in three places: (1) by clicking on the various buttons on the home page of this website; (2) at (and through) various other websites (e.g., www.frontpagemagazine.com), and ; (3) in the Index of Legal Periodicals and the Reader’s Guide to Periodical Literature.


LEGISLATIVE DRAFTING AND OTHER LEGISLATIVE ACTIVITIES:

Preparation of testimony concerning constitutional Separation of Powers, on behalf of Hon. Robert C. Hill, former Ambassador to Mexico and former Assistant Secretary State; Hearings Before the Senate Foreign Relations Committee, 90th Congress, 1st Session, in connection with Senate Resolution 151 relating to United States Commitments to Foreign Powers (Viet Nam).

Drafting of "An Act Amending the Act of November 25, 1970 (No. 230), entitled 'An Act Codifying and Compiling a Part of the Law of the Commonwealth (of Pennsylvania),' redefining the Offense of Cruelty to Animals and Providing Additional Remedies." This Act was signed into law by the Governor of Pennsylvania on December 12, 1973.

Drafting of Amendment to the Charter of the City of New York, providing for the creation of the New York City Department of Animal Affairs. Drafting of Initiative Petition incorporating such Amendment for submission to the voters at the 1973 general election.

Preparation of unpublished study evaluating the constitutionality of Article XVIII of the New York Insurance Law ("No Fault"). This study was the basis for Montgomery v. Daniels, 38 N.Y.2d 41 1975), which unsuccessfully challenged the law's constitutionality.

Drafting of New York City General Law, Intro. No. 9, "To amend the charter of the City of New York in relation to creating a department of animal affairs." Introduced into the New York City Council on January 18, 1974. On May 17, 1974, I testified in support of this legislation at the joint invitation of the New York City Council's Committee on Charter and Government Operations and the New York City Council's Committee on Health.

Preparation of testimony concerning proposed federal legislation to prohibit dog fighting, presented to the Congressional Subcommittee on Livestock and Grains on October 21, 1974, in Washington, D.C.

Preparation of testimony concerning proposed federal legislation to prohibit dog fighting, presented to the Federal Commission on the Revision of the National Policy Toward Gambling on November 20, 1974 In Washington, D.C.

Drafting of H. R. 8324 (94th Congress, 1st Session), "A Bill to Declare the Public Policy of the United States and to Remove all Legal Obstacles to the Use of Gold Clauses." Introduced on June 26, 1975 in the House of Representatives of the United States by Hon. Philip Crane. A different version of this Bill was eventually enacted by the Congress and signed by the President.

Drafting of Senate Bill 142, a statute to bar the use of animals for training racing greyhounds. Introduced on January 7, 1977 in the Florida legislature by Hon. Warren Henderson. Also presented as an administrative regulation to the racing regulatory commissions of Florida and various other states.

Consultant to Nevada State Senator William H. Hernstadt in connection with Senate Bill No. 201 (February 10, 1981) (prohibiting the transporting of radioactive waste through the State, and the disposal of such matter within the State if generated outside), and Assembly Bill No. 196 (February 19, 1981) (providing for the regulation of hazardous waste in Nevada).

Testified, by invitation of the United States Treasury Department, before the United States Gold Commission on November 12, 1981, in Washington, D.C.

Appeared before Subcommittee on Human Rights and International Organizations of the Foreign Affairs Committee of the United States House of Representatives on July 28, 1982, as attorney for Walter Polovchak in connection with his defection from the Soviet Union.

Drafting of H.R. 7167 (97th Congress, 2d Session), "A Bill to Amend the Immigration and Nationality Act to Clarify the Status of Individuals Who Have Been Granted Asylum." Introduced on Sept.22,1982, in the House of Representatives of the United States by Hon. Peter Peyser. Reintroduced as H.R. 25 on Jan. 3, 1983 (98th Congress, 1st Session) by Hon. Frank Annunzio.

Preparation of Study entitled "Analysis of State Anti-Cruelty Statutes in Reference to Exemptions for Experimentation," for International Society for Animal Rights, 1983.

Drafting of a bill for submission to the Commonwealth of Pennsylvania in connection with the disposition of pound animals, 1988.

Testimony submitted to the judiciary committees of the New Mexico Senate and House of Representatives concerning the constitutional (First Amendment) aspects of proposed "Anti-Hunter Harassment" legislation, 1993.

Testimony submitted to the City of Scranton Planning Commission concerning a proposed agreement between the City and the National Zoological Park regarding the breeding of an Asian elephant (1993).

Testified at the invitation of the 1994 Governmental Ethics Oversight Committee of the Legislature of the State of New Mexico concerning the unconstitutionality of Chapter 1, Article 19, Section 1-19-29.1 B of the Laws of New Mexico, 1994.( See, infra,

New Mexicans For Bill Richardson, et ano. v. Gonzales, et al.).

Drafting of H.B. 1854, 1995 Session of the General Assembly of the State of Pennsylvania, providing for the compiling of certain information relating to the activities of public and private animal shelters and for additional duties of the Attorney General.

LEGAL PRACTICE:

In the thirteen years between admission to the Bar in 1959 and joining the faculty of Brooklyn Law School in 1972, I practiced law in New York (and occasionally out-of-state) specializing in constitutional, administrative and appellate law. Representative cases from that period are:

Bates Chevrolet v. Haven Chevrolet, 13 A.D. 2d 277.

Rosenberg v. Central Photo Engraving, 32 M.2d 990.

Frall Realty v. Kulpa, 50 M.2d 750.

World Rambler v. New York Post, 25 A.D.2d 953.

Katz v. U.S., 287 F.Supp. 29.

Hernstadt v. Hernstadt, 373 F.2d 316.

LaVerne v. Jackman, 84 Ill. App. 445.

Ferrante v. City of New York, 24 A.D.2d 842.

Weeden v. Senior, 12 A.D.2d 906.

Gotthilf v. Sills, 375 U.S. 79.

Rogers v. Bellei, 401 U.S. 815.

U.S. v. Tyminski, 418 F.2d 1060.

Vacca v. Commanding Officer, 446 F.2d 1079.

People v. Laverne, 14 N.Y.2d 304.

People v. Ressler, 17 N.Y.2d 174.

Davis v. Kingsbury, 27 N.Y.2d 567.

Laverne v. Littell, 14 A.D.2d 261.

Wolff v. Laverne, Inc., 17 A.D.2d 213.

Ayn Rand v. The Hearst Corporation, 31 A.D.2d 406, aff'd 26 N.Y.2d 806.

After joining the faculty of Brooklyn Law School on September 1, 1972, I no longer maintained a full-time practice. I did, however, continue to serve as counsel in constitutional and appellate matters. Representative cases are:

U.S. v. Mosca, 475 F.2d 1052.

U.S. v. Messina, 481 F.2d 878.

Burden v. ASPCA, 44 A.D.2d 518.

Mayer v. Moeykens, 495 F.2d 855.

Roberson v. Connecticut, 501 F.2d 305.

Jones v. Butz, 374 F. Supp. 1284 (three-judge court), aff'd 95 S.Ct. 22.

People v. Stanfield, 44 A.D.2d 780, aff'd 36 N.Y.2d 467.

Montgomery v. Daniels, 38 N.Y.2d 41.

People v. Raleigh, 49 A.D.2d 306.

People v. Potter. 52 A.D. 2d 544.

Jones v. Beame, 384 N.Y.S.2d 1004, aff'd 45 N.Y.2d 402.

Consumers Union v. Albright, 427 F. Supp. 840 (three-judge court); remanded, 98 S.Ct. 3117 (No. 1); (unreported) (three-judge court); aff'd 101 S. Ct. 1336.

Country-Wide Insurance Co. v. Harnett, 426 F. Supp. 1030 (three-judge court); aff'd 97 S.Ct. 2644.

People v. Limage, 57 A.D.2d 906, aff'd 45 N.Y.2d 845.

People v. Thomas, 68 A.D.2d 826.

Solyom v. Maryland-National Capital Park and Planning Commission , 452 A.2d 1283 (brief amici curiae on behalf of United States Senator Jesse Helms and United States Representative Ron Paul).

In re Polovchak, 97 Ill.2d 212, 432 N.E.2d 873; aff'd 454 N.E.2d 258.

Nevada Indep. Broadcasting Corp. v. Allen, 664 P.2d 337, 9 Med. L. Rptr. 1769.

People v. Drake, 61 N.Y.2d 359.

Medvid by Jeziersky v. New Orleans Police Dept., 621 F.Supp. 503.

People v. Tumerman, 133 A.D.2d 714.

U.S. v. Yonkers Board of Education, 837 F.2d 1181(brief amicus curiae on behalf of Washington Legal Foundation representing Save Yonkers Federation and Coalition of Concerned Yonkers Citizens).

In Re Save Yonkers Federation, Inc., 872 F.2d 1021(Writ of Prohibition to restrain remedy in housing desegregation case).

Spallone v. U.S., 110 S.Ct. 625 (brief amicus curiae on behalf of Save Yonkers Federation).

Golden v. Clark, 76 N.Y.2d 618, 564 N.E.2d 611.

Mehiel v. County of Westchester, 571 N.Y.S.2d 808.

Liability Investigative Fund Effort v. Medical Malpractice Joint Underwriting Association of Massachusetts, 569 N.E.2d 797.

Church of the Lukumi Babalu Aye, Inc. et ano. v. City of Hialeah, 113 S.Ct. 2217 (brief amicus curiae on behalf of twenty five animal rights organizations).

Animal Legal Defense Fund v. Espy, 23 F.3d 496 (brief amicus curiae on behalf of Institute For Animal Rights Law).

Liability Investigative Fund Effort v. Medical Malpractice Professional Insurance Association, 636 N.E.2d 675.


After my retirement from teaching, I continued to serve as counsel in constitutional and appellate matters. Representative cases from that period are: New Mexicans For Bill Richardson and Congressman Bill Richardson v. Gonzales et al., 64 F.3d 1495; Schism and Reinlie v. United States, 316 F.3d 1259 (en banc); Mi-Lor Corp. v. Robert Gottsegen et al., 348 F.3d 294. See also the "Recent Briefs" button on the home page of this website.

Reported cases from 1960 to the present, in addition to those cited above – in the Supreme Court of the United States, various United States Courts of Appeals, the New York Court of Appeals, various Appellate Divisions of the New York Supreme Court, and in other federal and state courts – can be found by Lexis and Westlaw searches of the name "Henry Mark Holzer."

Since my admission to practice, some of my appellate cases have featured on the front page of the New York Law Journal, some have been the subject of and/or discussed in law review articles, and several have been, and are currently, used in law school textbooks and casebooks

BAR MEMBERSHIPS:

Court of Appeals, State of New York (highest court).

Supreme Court of the United States.

United States Court of Military Appeals.

Various United States appellate (e.g., 1st, 2nd, 7th, 10th, District of Columbia, Federal Circuit) and district courts.

I have also appeared in the state courts of California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Nevada, New Jersey, New Mexico, and West Virginia.

PUBLIC LECTURES, APPEARANCES, ETC:

Space does not permit the listing of over four decades of law-connected radio and television appearances, print media interviews, speeches, debates, lectures, participation in symposia, panels and conferences, presentation of unpublished papers, etc. There are hundreds of such examples.

MISCELLANEOUS PROFESSIONAL ACTIVITIES:

Special Counsel, International Society For Animal Rights.

Director and Chairman, International Society For Animal Rights.

Trustee and President, Institute For Animal Rights Law.

Special Counsel, The American Foundation For Resistance International.

Academic Advisory Board, Washington Legal Foundation.

Advisory Council, Free Congress Foundation, Center for Law & Democracy.

Special Counsel, Center for the Study of Popular Culture/Individual Rights Foundation.

MILITARY:

Eighth United States Army, Korea. military intelligence, 1955-1956. Honorable discharge.