How Appealing



Saturday, December 16, 2017

“Trump’s push to fill courts with conservative judges hits first speed bump”: John Wagner, Robert O’Harrow Jr., and Karoun Demirjian have this front page article in today’s edition of The Washington Post.

Posted at 11:07 AM by Howard Bashman



Friday, December 15, 2017

Season 2, Episode 7 of “People Magazine Investigates” — “Marked for Murder”: Next Monday’s episode on the Investigation Discovery network is described as follows: “Friends and family are stunned when an esteemed criminal law professor and father of two is executed in his garage. Investigators follow a series of leads that take them on a statewide hunt through Florida in search of the murderous masterminds.”

Once the episode has aired, you can view the full episode online via this link.

Posted at 10:38 PM by Howard Bashman



“Judges to investigate Alex Kozinski as more women allege sexual misconduct”: Maura Dolan of The Los Angeles Times has this report.

According to the article, “At least two of Kozinski’s law clerks resigned on Thursday, according to a source knowledgeable about the situation. That source, who requested anonymity because of a professional connection with Kozinski, said it was almost unheard of for a circuit judge’s clerk to resign from such a prestigious position midway through the term.”

Posted at 10:02 PM by Howard Bashman



Access the 2009 statement of law professor Arthur D. Hellman to the House Committee on the Judiciary regarding the possible impeachment of former U.S. District Judge Samuel B. Kent (S.D. Tex.): At this link. CNN reported on the impeachment proceedings in an article headlined “Victims allege years of sexual misconduct by federal judge.”

Kent ultimately served prison time after pleading guilty to the federal offense of obstruction of justice for having lied under oath during his judicial misconduct proceeding investigating charges of sexual abuse and sexual harassment. In August 2010, Lise Olson of The Houston Chronicle had an article headlined “Former federal judge Kent calls prison unfair, ‘cruel.’

Posted at 9:36 PM by Howard Bashman



“Judge Kozinski’s Opinion in this 2001 Sexual Harassment Case Is Even More Alarming Now; Alex Kozinski has enormous power over his law clerks; He has even more over litigants who come before him”: Sam Sankar has this jurisprudence essay online at Slate.

Posted at 8:27 PM by Howard Bashman



“How the Trump White House and GOP senators fast-track judicial nominees”: Ariane de Vogue and Joan Biskupic of CNN.com have this report.

Posted at 8:20 PM by Howard Bashman



“Nine more women say judge subjected them to inappropriate behavior, including four who say he touched or kissed them”: Matt Zapotosky of The Washington Post has an article that begins, “Nine more women say that Alex Kozinski — a high-profile judge who sits on the U.S. Court of Appeals for the 9th Circuit — subjected them to sexual comments or other conduct, including four who say he touched them inappropriately.”

Posted at 7:53 PM by Howard Bashman



“Prominent Appeals-Court Judge Faces Sexual-Harassment Probe; Court opens investigation of Judge Alex Kozinski following claims of sexual misconduct by former law clerks”: Sara Randazzo of The Wall Street Journal has this report.

Posted at 7:22 PM by Howard Bashman



“This federal justice has no business sitting in judgment of others”: Columnist Ruth Marcus of The Washington Post has an essay that begins, “Of the deluge of sexual harassment stories gushing forth in recent weeks, one of the most disturbing — one of the creepiest, really — has also been one of the least noted: the allegations involving federal appeals court judge Alex Kozinski.”

Posted at 7:14 PM by Howard Bashman



“Law School Is Hot Again as Politics Piques Interest; The number of people applying to law school has risen 12%, in the first significant boost in years”: Sara Randazzo of The Wall Street Journal has this report.

Posted at 4:48 PM by Howard Bashman



The Second Circuit has won this round of the Judge Kozinski judicial misconduct sweepstakes: As Zoe Tillman of BuzzFeed News notes in a Tweet that you can access here. (A PDF copy of the letter from Chief Justice Roberts can be accessed here.)

The Third Circuit had been assigned the first round.

A list of the current members of the Judicial Council of the Second Circuit can be accessed here. Of the 13 members, seven are Second Circuit judges, while the remaining six are U.S. District Judges. Seven of the judges on the Second Circuit’s Judicial Council are female, while the other six are male.

Update: In early news coverage, Ross Todd of The Recorder reports that “Kozinski Harassment Inquiry Is Routed to the Second Circuit; Chief Justice John Roberts has called on Second Circuit Chief Judge Robert Katzmann to head up an inquiry into sexual harassment complaints against Ninth Circuit Judge Alex Kozinski.”

Posted at 3:50 PM by Howard Bashman



“Clerkships are invaluable for young lawyers. They can also be a setup for abuse. When things go wrong, too often law clerks — about half of whom are women — feel they have nowhere to turn.” Law professor Catherine N. Crump has this essay online at The Washington Post.

Posted at 1:30 PM by Howard Bashman



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



“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



“Making a Murderer Postscript: The Perversion of Henry Friendly’s Innocence Concern.” Michael Dorf has this post at “Dorf on Law.”

Posted at 8:26 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 8:24 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 8:15 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 3:45 PM by Howard Bashman