How Appealing

Thursday, December 14, 2017

"Why is legal academia still remaining (mostly) silent on Alex Kozinski?" Paul Campos has this post at "Lawyers, Guns & Money."
Posted at 11:58 PM by Howard Bashman


"One Less Senate Vote Could Mean More Headaches for GOP; With margin reduced to 51-49, approving nominations and passing legislation get tougher": Kristina Peterson and Natalie Andrews of The Wall Street Journal have this report.
Posted at 11:42 PM by Howard Bashman


"In boon to securities plaintiffs, 6th Circuit pushes loss causation bounds": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this post.
Posted at 11:08 PM by Howard Bashman


"Hospital worker fired for refusing flu shot isn't a victim of religious discrimination, U.S. court says": Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 10:54 PM by Howard Bashman


"The #MeToo Moment: How One Harasser Can Rob a Generation of Women." Online at The New York Times, Amanda Taub has an essay that begins, "Last week Heidi Bond, a former law clerk to Judge Alex Kozinski, accused the prominent judge of sexually harassing her while she was working in his chambers a decade ago."
Posted at 10:42 PM by Howard Bashman


To which other federal appellate court's judicial council should the Alex Kozinski judicial misconduct complaint be assigned? That is a decision now facing Chief Justice John G. Roberts, Jr. Last time this question arose, with regard to the same judicial officer, Chief Justice Roberts assigned the matter to the Third Circuit.

As Matthew Stiegler of the "CA3blog" has explained on Twitter, one of the issues that could arise in the new misconduct proceeding is whether Judge Kozinski lied under oath during his testimony in the previous misconduct proceeding.

If I were the Chief Justice, the circuits that would be at the top of my list to handle the new misconduct proceeding would be (in numerical order) the Fifth, Eighth, and Eleventh Circuits.
Posted at 10:28 PM by Howard Bashman



"Federal judge in SF under investigation over sexual misconduct allegations": Annie Ma of The San Francisco Chronicle has this report.

Dan Levine of Reuters reports that "Inquiry launched into harassment allegations against U.S. appeals judge."

And Miranda Green, Ariane de Vogue, and Dan Berman of CNN.com report that "Court calls for inquiry into Judge Alex Kozinski accusations."
Posted at 10:09 PM by Howard Bashman



"Ninth Circuit Judge N. Randy Smith to Assume Senior Status in 2018": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release.

I have enjoyed getting to know Judge Smith through my work on the Education Committee of the Appellate Judges Education Institute.
Posted at 08:37 PM by Howard Bashman



"Making a Murderer Postscript: The Perversion of Henry Friendly's Innocence Concern." Michael Dorf has this post at "Dorf on Law."
Posted at 08:26 PM by Howard Bashman


"It's Time to Start Impeachment Proceedings of Judge Kozinski": Cassandra Burke Robertson has this post, for which the comments are open, at "PrawfsBlawg."
Posted at 08:24 PM by Howard Bashman


"Chief judge initiates judicial review of allegations against Alex Kozinski": Matt Zapotosky of The Washington Post has this report.

Maura Dolan of The Los Angeles Times reports that "9th Circuit Judge Alex Kozinski to be investigated after sexual misconduct allegations."

Zoe Tillman of BuzzFeed News reports that "A Prominent Appeals Judge Accused Of Sexual Misconduct Is Now Facing An Inquiry By The Court System."

Ross Todd of The Recorder and Marcia Coyle of The National Law Journal report that "Ninth Circuit Brings Complaint Against Alex Kozinski After Sexual Harassment Claims; The Ninth Circuit's misconduct order indicated that Chief Judge Thomas was initiating a complaint himself based on a Dec. 8 report from the Washington Post."

At "Above the Law," Kathryn Rubino and Elie Mystal have a post titled "Sources Report 3 Kozinski Clerks Are Out."

And The New York Times has published an editorial titled "Who Will Judge the Judge?"

You can access today's order of the Judicial Council of the Ninth Circuit at this link.
Posted at 08:15 PM by Howard Bashman



"What If the Founders Had Free Speech Wrong? A scholar's jarring claim: America's framers meant to protect a lot less speech than most of us think." Law professor Cass R. Sunstein has this essay online at Bloomberg View discussing law professor Jud Campbell's article titled "Natural Rights and the First Amendment," published in the November 2017 issue of The Yale Law Journal.
Posted at 03:54 PM by Howard Bashman


"Senate confirms third circuit judge this week, 19 total federal judges this year": Alex Swoyer of The Washington Times has an article that begins, "The Senate confirmed President Trump's 19th federal judge Thursday, approving James Ho for a seat on the 5th U.S. Circuit Court of Appeals and further bolstering the judicial army conservatives wanted to build."

You can access the U.S. Senate's official roll call vote tally confirming James C. Ho to the U.S. Court of Appeals for the Fifth Circuit by a vote of 53-to-43 at this link.
Posted at 03:45 PM by Howard Bashman



"Alabama Senate loss will rein in Trump's judicial selections": Law professor Jonathan R. Nash has this essay online at The Hill.
Posted at 03:30 PM by Howard Bashman






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