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Sofaer (Abraham D.) papers
96040  
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  • Access
  • Use
  • Acquisition Information
  • Preferred Citation
  • Biographical Note
  • Scope and Content of Collection

  • Title: Abraham D. Sofaer papers
    Date (inclusive): 1934-2023
    Collection Number: 96040
    Contributing Institution: Hoover Institution Library and Archives
    Language of Material: In English
    Physical Description: 203 manuscript boxes, 12 oversize boxes (87.12 Linear Feet)
    Abstract: The Abraham D. Sofaer papers document Sofaer's work as a former United States District Judge (1980-1985) and Legal Adviser to the State Department of the United States (1985-1990), along with his tenure as a professor of law at Columbia Law School (1969-1979) and as the George P. Shultz Senior Fellow in Foreign Policy and National Security Affairs at the Hoover Institution (1994-current). Subjects of note represented in the collection include the War Powers Study conducted at Columbia Law School (1971-1979), Ariel Sharon v. Time, Inc. libel case (1984), and the reinterpretation of the 1972 Anti-Ballistic Missile Treaty (1985-1987). Other topics reflected in the collection include interpretation of international law and policy, Middle East policy, preventative force, and the use of force. Also represented are subjects related to ADS's work in the practice of private law, both for the law firm Hughes Hubbard & Reed (1991-1994) and independently, involving issues including regulation of the airline industry in the United States, water use law, and representing Libya following the bombing of the Pan Am Flight 103. Materials include speeches and writings, handwritten notes, correspondence, memoranda, legal records,audiovisual recordings, and printed materials.
    Creator: Sofaer, Abraham D.
    Physical Location: Hoover Institution Library & Archives

    Access

    Box 202 closed during the lifetime of Abraham D. Sofaer. Boxes 207 and 208 may not be used without permission of the Archivist. The remainder of the collection is open for research; materials must be requested in advance via our reservation system. If there are audiovisual or digital media material in the collection, they must be reformatted before providing access.

    Use

    For copyright status, please contact the Hoover Institution Library & Archives.

    Acquisition Information

    Materials were acquired by the Hoover Institution Library & Archives 1996-2021.

    Preferred Citation

    [Identification of item], Abraham D. Sofaer papers, [Box no., Folder no. or title], Hoover Institution Library & Archives.

    Biographical Note

    Abraham Sofaer served as Legal Adviser to the United States Department of State from 1985 to 1990. He was then-Secretary of State George P. Shultz's principal negotiator for interstate matters including the dispute between Egypt and Israel over the Taba border and he was responsible for the reinterpretation of the Anti-Ballistic Missile Treaty. He received the Distinguished Service Award in 1989, the highest state department award given to a non-civil servant. Following his resignation from the State Department in 1990, Sofaer went into private practice with the law firm Hughes Hubbard & Reed. In 1994 he became George P. Shultz Senior Fellow in Foreign Policy and National Security Affairs at the Hoover Institution.
    Sofaer was born in Bombay (now Mumbai), India on May 6 1938. He is of Iraqi Jewish descent. In 1952, Sofaer and his family moved permanently to the United States. He enlisted in the Air Force in 1956 before attending Yeshiva College in 1959 where he graduated magna cum laude in American history in 1962. He attended New York University Law School from 1962-1965 as a recipient of the Root-Tilden Scholarship. He served as the editor-in-chief of the New York University Law Review and was designated the Outstanding Graduate of the Class of 1962.
    Following his graduation from law school, Sofaer clerked for the U.S. Circuit Judge J. Skelly Wright (1965-1966) and Supreme Court Justice William J. Brennan, Jr. (1966-1967). At the end of his second clerkship, he joined the U.S. Attorney's Office in the Southern District of New York as an Assistant Attorney and worked under United States Attorney Robert M. Morgenthau.
    In 1969, Sofaer accepted a teaching position at Columbia University Law School. He taught courses on property and administrative law. As part of his committee work, Sofaer served as Chair of the Appointment Committee and oversaw the hiring of future Supreme Court Justice Ruth Bader Ginsburg. In 1969, Sofaer was appointed to lead a research project examining the federal government's constitutional powers related to use of force sponsored by the American Bar Association (ABA). Known as the War Powers Study, the project took several years to complete with the first volume in the study, War, Foreign Affairs, and Constitutional Power: The Origins, being published in 1976. The book was well received and considered an authoritative historical account by legal scholars.
    Sofaer was appointed as a New York state administrative judge in 1975-1976. He presided over the first major environmental action against the improper discharge of PCBs. He issued an opinion holding General Electric responsible for discharging the chemicals in the Hudson River. This judicial work resulted in him being recommended for appointment to the federal district courts for the Southern District of New York by then-Senator Daniel Patrick Moynihan. On January 19, 1979 Sofaer was nominated by President Jimmy Carter to a seat on that court. He was confirmed by the United States Senate on March 21, 1979 and received his commission on March 23, 1979.
    As a United States District Judge (USDJ), Sofaer published over 100 decisions and handled several high profile cases. His most notable case was Ariel Sharon v. Time, Inc., in which former Israeli Minister of Defense Ariel Sharon sued Time, Inc. for libel in 1983. At the conclusion of the trial in 1985, Sofaer was asked by then-Secretary of State George P. Shultz to be Legal Adviser to the U.S. Department of State. He accepted the position and resigned from the bench on June 9, 1985.
    Sofaer is a founding member of the National Jazz Museum in Harlem. He enjoys singing and made a CD entitled "The Nearness of You". He collected ancient coins of the Holy Land for over 40 years. He and his wife, Marian Scheuer Sofaer, gifted their coin collections to the Israel Museum and the American Numismatic Society.
    1938 May 6 Born, Bombay (Mumbai), India
    1956-1959 Served with United States Air Force
    1959 Naturalized as a citizen of the United States
    1962 Graduated magna cum laude in history, Yeshiva College, New York
    1964-1965 Editor-in-Chief, New York Law Review
    1965 Passed the bar
      LL.B cum laude (Root-Tilden scholar), New York University
    1965-1966 Law clerk, J. Skelly Wright, U.S. Court of Appeals, Washington, D.C.
    1966-1967 Law clerk, William J. Brennan Jr., U.S. Supreme Court, Washington, D.C.
    1967-1969 Assistant U.S. Attorney, U.S. District Court, Southern District, New York City, New York
    1969-1979 Professor of Law, Columbia University, New York City, New York
    1974-1975 Meyer Professor of Law and Social Research, Columbia University
    1975 Brainerd Currie lecturer, Duke University, Durham, North Carolina
    1975-1976 Hearing Officer, New York Department of Environment Conservation
    1976 Author, War, Foreign Affairs and Constitutional Power: The Origins
    1976-1978 Member, Board of Directors, Citizens Union and Mobilization for Youth Legal Services
    1979-1985 Judge, U.S District Court, Southern District of New York City, New York
    1980 Doctor of Law, honoris causa, Yeshiva University, New York
    1985 Author, The Political Offense and Terrorism and The United States and the World Court
    1985-1990 Legal Adviser, Department of State, Washington, D.C.
    1990 Distinguished Visiting Fellow, Hoover Institution, Stanford University
    1990-1994 Senior Partner, Hughes Hubbard & Reed, Washington, D.C.
    1994 Senior Fellow and George P. Shultz Distinguished Scholar, Hoover Institution, Stanford University
    1999 Author, The New Terror: Facing the Threat of Biological and Chemical Weapons
    2001 Author, The Transnational Dimension of Cyber Crime and Terrorism
    2010 Author, The Reagan and Bush Administrations
      Author, Shaping Foreign Policy in Times of Crisis: The Role of International Law and the State Department Legal Adviser
      Author, The Best Defense?: Legitimacy and Preventive Force
    2013 Author, Taking on Iran: Strength, Diplomacy, and the Iranian Threat

    Scope and Content of Collection

    The Abraham D. Sofaer papers document the life and career of Abraham D. Sofaer (Sofaer) from 1938 to his most recent work. The materials in the collection relate to his work as a student, professor, a judge for the United States Southern District of New York, Legal Adviser to the United States State Department, lawyer in private practice, and George P. Shultz Senior Fellow in Foreign Policy and National Security Affairs. Subjects of note include his work on the War Powers Study from 1971-1976, the Ariel Sharon v. Time libel suit in 1984, his reinterpretation of the Anti-Ballistic Missile Treaty in 1986, and his mediation of the dispute between Egypt and Israel over their border at Taba.
    Sofaer's legal expertise and judicial opinions represented in this collection relate to international law and its interpretation, constitutional powers regarding use of force, policy regarding preventative force, international policy in the Middle East, transportation issues, environmental conservation and water resources, and international safety and security, including response to terrorism.
    Materials include writings, reports, handwritten notes, correspondence, memoranda, legal records, printed matter, and sound and video recordings of interviews. The collection is physically arranged according to the original order as determined by the donor. Intellectually, the series are arranged chronologically according to Sofaer's career with appropriate sub-series being arranged either alphabetically or chronologically. Titles and folder labels are transcribed from original folders created by Sofaer.

    Subjects and Indexing Terms

    Journalism -- United States
    Nuclear weapons
    International law
    Arms control
    Strategic Defense Initiative
    Israel
    War and emergency powers -- United States
    Airlines -- United States
    War (International law)
    Water -- Law and legislation
    Antimissile missiles
    United States. Department of State
    Sharon, Ariel
    National Commission to Ensure a Strong Competitive Airline Industry (U.S.)
    Time, inc