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{{Short description|American judge}}
{{Short description|American judge (born 1942)}}
{{BLP sources|date=September 2011}}
{{BLP sources|date=September 2011}}
{{Infobox officeholder
{{Infobox officeholder
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| term_start2 = November 21, 1991
| term_start2 = November 21, 1991
| term_end2 = December 31, 2008
| term_end2 = December 31, 2008
| nominator2 =
| appointer2 = [[List of federal judges appointed by George H. W. Bush|George H. W. Bush]]
| appointer2 = [[List of federal judges appointed by George H. W. Bush|George H. W. Bush]]
| predecessor2 = ''Seat established by 104 Stat. 5089''
| predecessor2 = ''Seat established by 104 Stat. 5089''
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| birth_name = David Alan Faber
| birth_name = David Alan Faber
| birth_date = {{Birth date and age|1942|10|21}}
| birth_date = {{Birth date and age|1942|10|21}}
| birth_place = [[Charleston, West Virginia|Charleston]], [[West Virginia]]
| birth_place = [[Charleston, West Virginia]], U.S.
| death_date =
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| relatives =
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| residence =
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| education = [[West Virginia University]] ([[Bachelor of Arts|AB]])<br>[[Yale Law School]] ([[Juris Doctor|JD]])<br>{{nowrap|[[University of Cambridge]] ([[Doctor of Philosophy|PhD]])}}<br>[[University of Virginia School of Law|University of Virginia]] ([[Master of Laws|LLM]])
| education = [[West Virginia University]] ([[Bachelor of Arts|AB]])<br>[[Yale Law School|Yale University]] ([[Juris Doctor|JD]])<br>{{nowrap|[[University of Cambridge]] ([[Doctor of Philosophy|PhD]])}}<br>[[University of Virginia School of Law|University of Virginia]] ([[Master of Laws|LLM]])
| alma_mater =
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==Education and career==
==Education and career==


Born in [[Charleston, West Virginia|Charleston]], [[West Virginia]], Faber graduated from [[Sissonville High School]] and received an [[Bachelor of Arts|Artium Baccalaureus]] degree from [[West Virginia University]] in 1964 and a [[Juris Doctor]] from [[Yale Law School]] in 1967. He was in private practice in Charleston from 1967 to 1968. He was in the [[United States Air Force]], [[JAG Corps]] from 1968 to 1972, and was then in the [[United States Naval Reserve]] from 1973 to 1977. He returned to private practice in Charleston from 1972 to 1981, and was in the West Virginia Air National Guard from 1978 to 1992. He was the [[United States Attorney]] for the Southern District of West Virginia from 1981 to 1986, again returning to private practice in Charleston from 1987 to 1991, also serving as a special part-time [[Assistant United States Attorney]] for the Northern District of West Virginia from 1988 to 1990.<ref name="fjc.gov">{{cite web|url=https://www.fjc.gov/history/judges/faber-david-.|title=Faber, David A. - Federal Judicial Center|website=www.fjc.gov}}</ref> Judge Faber earned his [[Doctor of Philosophy|Ph.D.]] in history from the [[University of Cambridge]]. He earned his [[Master of Laws|LLM]] from the [[University of Virginia School of Law|University of Virginia]].
Feber was born in [[Charleston, West Virginia]]. He graduated from [[Sissonville High School]] and received an [[Bachelor of Arts|Artium Baccalaureus]] degree from [[West Virginia University]] in 1964 and a [[Juris Doctor]] from [[Yale Law School]] in 1967. He was in private practice in Charleston from 1967 to 1968. He was in the [[United States Air Force]], [[JAG Corps]] from 1968 to 1972, and was then in the [[United States Naval Reserve]] from 1973 to 1977. He returned to private practice in Charleston from 1972 to 1981, and was in the West Virginia Air National Guard from 1978 to 1992. He was the [[United States Attorney]] for the Southern District of West Virginia from 1981 to 1986, again returning to private practice in Charleston from 1987 to 1991, also serving as a special part-time [[assistant United States attorney]] for the Northern District of West Virginia from 1988 to 1990.<ref name="fjc.gov">{{FJC Bio|nid=1380591|inline=yes}}</ref> Faber earned his [[Doctor of Philosophy]] in history from the [[University of Cambridge]]. He earned his [[Master of Laws]] from the [[University of Virginia School of Law]].


==Federal judicial service==
===Federal judicial service===


On August 1, 1991, Faber was nominated by President [[George H. W. Bush]] to a new seat on the [[United States District Court for the Southern District of West Virginia]] created by 104 Stat. 5089. He was confirmed by the [[United States Senate]] on November 21, 1991, and received his commission on November 25, 1991. He served as Chief Judge from 2002 to 2007, assuming [[senior status]] on December 31, 2008.<ref name="fjc.gov"/> Judge Faber sits by designation on the [[United States Court of Appeals for the Fourth Circuit]] and the [[United States Court of Appeals for the Ninth Circuit]].
On August 1, 1991, Faber was nominated by President [[George H. W. Bush]] to a new seat on the [[United States District Court for the Southern District of West Virginia]] created by 104 Stat. 5089. He was confirmed by the [[United States Senate]] on November 21, 1991, and received his commission on November 25, 1991. He served as Chief Judge from 2002 to 2007, assuming [[senior status]] on December 31, 2008.<ref name="fjc.gov"/> Faber sits by designation on the [[United States Court of Appeals for the Fourth Circuit]] and the [[United States Court of Appeals for the Ninth Circuit]].

Among Judge Faber's most notable {{Citation needed|reason=is this opinion notable?|date=July 2017}} opinions is his separate opinion (concurring in part and concurring in the judgment) in the [[Disparate impact|disparate-impact liability]] case ''[http://cdn.ca9.uscourts.gov/datastore/opinions/2017/06/27/15-55576.pdf Hardie v. NCAA]'', 2017 WL 2766096 (9th Cir. 2017), discussing how classifications based only on race should be scrutinized carefully in the disparate-impact liability context.

Judge Faber's partial concurrence in ''Hardie'' may be second only to his ''published'' dissenting opinion in ''[https://casetext.com/case/ranta-v-gorman Mort Ranta v. Gorman]'', 721 F.3d 241 (4th Cir. 2013), where Judge Faber - sitting by designation at the Fourth Circuit - disagreed with the majority's conclusion that denial of a proposed Chapter 13 reorganization plan was sufficiently final for purposes of appeal. Judge Faber's disagreement rested on the more numerous and well-reasoned opinions of other federal circuits, which refused to interrupt the bankruptcy reorganization process with piecemeal appeals by stretching the federal judicial doctrine of "flexible finality" too far in bankruptcy cases. As it turns out, the First Circuit - one of the last appellate courts to speak on the matter - relied in part on Judge Faber's "strong dissent" from ''Mort Ranta'' in its decision in ''[http://media.ca1.uscourts.gov/pdf.opinions/13-9009P-01A.pdf In re Bullard]'', 752 F.3d 483, 486 (1st Cir. 2014) to add one more federal circuit court to reject a flimsy application of flexible finality. See id. at 487-89 (citing Judge Faber's dissenting opinion from ''Mort Ranta'' extensively). The First Circuit was not the last word in ''In re Bullard''. That was left to the Supreme Court of the United States, which took the case on certiorari and - unanimously, 9-0 - affirmed the First Circuit's (and, thus, Judge Faber's) conclusion over the arguments of the debtor, various amici, and even the Solicitor General. ''[https://casetext.com/case/bullard-v-blue-hills-bank-1 Bullard v. Blue Hills Bank]'', 135 S. Ct. 1686 (2015) (Roberts, C.J., writing for a rarely unanimous Supreme Court of the United States).

''Hardie'' and ''Mort Ranta'', in reality, are only two of Judge Faber's most noteworthy judicial writings. Undoubtedly, there are many more to be listed here, but for brevity's sake, these are the only ones listed here.


==References==
==References==
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==Sources==
==Sources==
* {{FJC Bio|728|nid=1380591|name=David A. Faber<!--(1942–)-->}}
* {{FJC Bio|nid=1380591}}


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{{United States 4th Circuit senior district judges}}
{{United States 4th Circuit senior district judges}}

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{{DEFAULTSORT:Faber, David Alan}}
{{DEFAULTSORT:Faber, David Alan}}
[[Category:1942 births]]
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[[Category:United States Attorneys for the Southern District of West Virginia]]
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[[Category:Judges of the United States District Court for the Southern District of West Virginia]]
[[Category:Judges of the United States District Court for the Southern District of West Virginia]]
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[[Category:United States district court judges appointed by George H. W. Bush]]
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[[Category:Military personnel from Charleston, West Virginia]]
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[[Category:West Virginia University alumni]]
[[Category:Yale Law School alumni]]
[[Category:West Virginia lawyers]]
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[[Category:United States district court judges appointed by George H. W. Bush]]
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[[Category:West Virginia lawyers]]
[[Category:West Virginia National Guard personnel]]
[[Category:West Virginia National Guard personnel]]
[[Category:Assistant United States Attorneys]]
[[Category:West Virginia University alumni]]
[[Category:21st-century American judges]]
[[Category:Yale Law School alumni]]

Latest revision as of 05:54, 31 July 2024

David Alan Faber
Senior Judge of the United States District Court for the Southern District of West Virginia
Incumbent
Assumed office
December 31, 2008
Chief Judge of the United States District Court for the Southern District of West Virginia
In office
2002–2007
Preceded byCharles Harold Haden II
Succeeded byJoseph R. Goodwin
Judge of the United States District Court for the Southern District of West Virginia
In office
November 21, 1991 – December 31, 2008
Appointed byGeorge H. W. Bush
Preceded bySeat established by 104 Stat. 5089
Succeeded byIrene Berger
Personal details
Born
David Alan Faber

(1942-10-21) October 21, 1942 (age 82)
Charleston, West Virginia, U.S.
EducationWest Virginia University (AB)
Yale University (JD)
University of Cambridge (PhD)
University of Virginia (LLM)

David Alan Faber (born October 21, 1942) is a senior United States district judge of the United States District Court for the Southern District of West Virginia.

Education and career

[edit]

Feber was born in Charleston, West Virginia. He graduated from Sissonville High School and received an Artium Baccalaureus degree from West Virginia University in 1964 and a Juris Doctor from Yale Law School in 1967. He was in private practice in Charleston from 1967 to 1968. He was in the United States Air Force, JAG Corps from 1968 to 1972, and was then in the United States Naval Reserve from 1973 to 1977. He returned to private practice in Charleston from 1972 to 1981, and was in the West Virginia Air National Guard from 1978 to 1992. He was the United States Attorney for the Southern District of West Virginia from 1981 to 1986, again returning to private practice in Charleston from 1987 to 1991, also serving as a special part-time assistant United States attorney for the Northern District of West Virginia from 1988 to 1990.[1] Faber earned his Doctor of Philosophy in history from the University of Cambridge. He earned his Master of Laws from the University of Virginia School of Law.

Federal judicial service

[edit]

On August 1, 1991, Faber was nominated by President George H. W. Bush to a new seat on the United States District Court for the Southern District of West Virginia created by 104 Stat. 5089. He was confirmed by the United States Senate on November 21, 1991, and received his commission on November 25, 1991. He served as Chief Judge from 2002 to 2007, assuming senior status on December 31, 2008.[1] Faber sits by designation on the United States Court of Appeals for the Fourth Circuit and the United States Court of Appeals for the Ninth Circuit.

References

[edit]
  1. ^ a b David A. Faber at the Biographical Directory of Federal Judges, a publication of the Federal Judicial Center.

Sources

[edit]
Legal offices
Preceded by
Seat established by 104 Stat. 5089
 Judge of the United States District Court for the Southern District of West Virginia
1991–2008 		Succeeded by
Preceded by Chief Judge of the United States District Court for the Southern District of West Virginia
2002–2007 		Succeeded by
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