William Hughes Mulligan

William Hughes Mulligan was a United States circuit judge who served on the United States Court of Appeals for the Second Circuit from 1971 to 1981. Appointed by President Richard M. Nixon, a Republican, Mulligan brought to the federal bench extensive experience in legal education, having served as dean of Fordham University School of Law for fifteen years before his judicial appointment. His tenure on the Second Circuit was notable both for his judicial work and for the circumstances of his departure: he resigned from the bench in 1981, citing inadequate judicial compensation, and subsequently joined a major New York law firm. Beyond his legal career, he was recognized as an accomplished public speaker whose wit and wisdom were later preserved in a posthumously published collection.

Early life and legal career

William Hughes Mulligan was born on March 5, 1918, in New York City, New York. He pursued his undergraduate education at Fordham University, where he earned an Artium Baccalaureus degree in 1939. Continuing his studies at the same institution, he obtained his Juris Doctor from Fordham University School of Law in 1942. His legal education was immediately followed by military service during World War II, when he served in the United States Army from 1942 to 1946 as a special agent for the Counterintelligence Corps, contributing to wartime intelligence operations.

Following his military service, Mulligan embarked on a distinguished career in legal education that would span a quarter century at his alma mater. He joined the faculty of Fordham University School of Law in 1946, initially serving as a lecturer, a position he held from 1946 to 1952. His academic career advanced steadily as he was promoted to associate professor from 1953 to 1954. In 1954, he took on dual responsibilities as assistant dean and professor of law, positions he held until 1956. That year marked a significant milestone when he was appointed dean of Fordham Law School, a role in which he would serve for fifteen years, from 1956 to 1971.

During his deanship, Mulligan also held the prestigious title of Wilkinson Professor of Law beginning in 1961, a position he maintained concurrently with his administrative duties until his departure for the federal bench in 1971. His long tenure as dean positioned him as a significant figure in legal education during a transformative period in American law schools, and his leadership helped shape the institution's development during the postwar decades.

Federal appellate service

President Richard Nixon nominated Mulligan to the United States Court of Appeals for the Second Circuit on April 26, 1971. The nomination was to fill a vacancy created by the departure of Judge J. Edward Lumbard. The United States Senate confirmed the nomination on May 20, 1971, and Mulligan received his commission one week later, on May 27, 1971. This appointment elevated him from the academic realm to one of the nation's most influential federal appellate courts, which has jurisdiction over New York, Connecticut, and Vermont.

Shortly after his confirmation, Mulligan's name appeared on the short list of potential nominees for the Supreme Court of the United States. Two seats had recently become vacant with the departures of Justice Hugo Black and Justice John Marshall Harlan II. However, the Nixon administration's assessment was that Mulligan's limited experience as an appellate judge at that early stage in his judicial career weighed against his appointment to fill either the Black or Harlan vacancies. Nevertheless, administration officials viewed him as a likely candidate for future Supreme Court openings, particularly the seats then occupied by Justice William O. Douglas or Justice William J. Brennan Jr. When the Douglas seat did become vacant in 1975, however, there is no evidence that President Gerald Ford gave serious consideration to Mulligan as a potential replacement.

During his decade on the Second Circuit, Mulligan also contributed to the broader federal judicial system through service on the board of the Federal Judicial Center, the research and education agency of the federal courts, serving as a board member from 1979 to 1981. His judicial service came to an end on March 31, 1981, when he resigned from the bench. The resignation was driven by financial considerations; Mulligan stated that the salary provided to federal appellate judges was insufficient to provide for his family's needs. He reportedly remarked that while he might be able to live on a judge's salary, he could not afford to die on it, a characteristically pointed observation that reflected his concerns about financial security and his family's future welfare.

Jurisprudence and legacy

Following his resignation from the federal judiciary, Mulligan transitioned to private legal practice, joining the prominent New York law firm of Skadden, Arps, Slate, Meagher & Flom in 1981. He practiced with the firm for a decade, from 1981 to 1991, bringing his judicial experience and legal expertise to the private sector. His career in private practice concluded in 1991 when he retired after suffering a stroke, which curtailed his professional activities.

Beyond his formal legal roles, Mulligan cultivated a reputation as an accomplished public speaker who was sought after by diverse audiences. He delivered both humorous and serious addresses to various organizations, including bar associations and Irish-American civic groups, among others. His speaking engagements showcased a wit and eloquence that complemented his legal acumen and made him a memorable figure in legal and civic circles. The enduring appeal of his oratory was such that a collection of his after-dinner speeches was compiled and published posthumously. Edited by his son, William Hughes Mulligan, Jr., the volume was titled "Mulligan's Law: The Wit and Wisdom of William Hughes Mulligan" and was published by Fordham University Press in 1997, the year following his death.

Mulligan died on May 13, 1996, in Bronxville, New York, at the age of seventy-eight. His contributions to legal education and the federal judiciary have been commemorated at his alma mater, where Fordham Law School named a summer intramural moot court competition in his honor. The competition, designed for rising second-year students, serves as both a training ground for advocacy skills and a memorial to Mulligan's long association with the institution. Students who perform well in the competition receive invitations to join the Fordham Moot Court Board, ensuring that Mulligan's legacy continues to influence new generations of lawyers trained at the school where he spent the majority of his pre-judicial career.