Books, Federal Judges, Law Professors, Law Schools, S.D.N.Y.

How Judges Decide: An Interview With Joel Cohen

How long will it be before other law schools copy this great idea for a class (if they don't have such a course already)?

By  
on

Last week I reviewed Blindfolds Off: Judges On How They Decide (affiliate link) for the Wall Street Journal. I enjoyed and learned from the book, a collection of 13 interviews with prominent federal judges about high-profile cases they’ve handled, and I gave Blindfolds Off a positive review.

After the review appeared, I heard from the book’s author, Joel Cohen of Stroock & Stroock & Lavan LLP. He wanted to tell me about an interesting and innovative new course he’s teaching at Fordham Law that’s related to his book.

I wouldn’t be surprised if other law schools try to imitate his excellent idea for a class (if they don’t have such a course already). It’s an excellent educational and networking opportunity for students and faculty, and it could help students land coveted clerkships too….

Here’s a (lightly edited and condensed) write-up of my interview of Joel Cohen.

DL: Congratulations on Blindfolds Off, which is a must-read for people interested in the federal judiciary. I understand that you are co-teaching a class at Fordham Law School on the subject of judicial decision-making called “How Judges Decide.” Can you tell us a little bit about the class and how it is structured?

JC: Thanks much. The book was really the starting point for the class syllabus. Fordham has allowed my Stroock colleagues, Jamie Bernard (he and I have taught Professional Responsibility for 12 years), Dale Degenshein, and me to create a seminar and the Law School has opened the class so that anyone in the Law School can sit in. We assign class readings on various issues in “judging,” for example, “The Government as Litigant,” “Personal Bias,” “Public Opinion.” During the first hour of class, we review the materials and challenge the students on them. During the second hour of each class, the judge attending that session (some weeks two judges will attend) is “interviewed” on that subject somewhat directly — first by us, and then by students.

Sponsored

DL: How many judges are participating in the class, and what do the interviews entail?

JC: As a testament to the bench, 15 (mostly) New York judges – state and federal (one retired) – allowed themselves to be persuaded to be interviewed. The “interviews” are pretty much no holds barred (but off the record) and we discuss what influences a judge, whether judges use the bench as a “bully pulpit,” and what tools a judge uses when rendering opinions. I don’t believe a class like this has been done before anywhere. We are so interested in the candid reflections of these judges — given who they are, it’s really an embarrassment of riches – that there are no laptops or recording devices used in the class. Their candor is kind of remarkable. The students are learning practical aspects of how to be better lawyers by getting in to the heads of judges who have been tremendously forthcoming. I, for one, certainly never had an opportunity as a student or in my many years as a lawyer (that is, at least until I wrote “Blindfolds”) to straight up ask judges what was/is going on in their minds when they decide cases. This class does.

DL: Which judges have participated or will be participating in the class?

In order of appearance, John Gleeson (E.D.N.Y.); David Saxe (AD 1st Dept); Jed Rakoff (S.D.N.Y.); Richard Holwell (ret., S.D.N.Y.); Denny Chin (2d Cir): Pierre Leval (2d Cir); Alvin Hellerstein (S.D.N.Y.); and Brian Cogan (E.D.N.Y.) have joined us thus far. In the coming weeks, Raymond Lohier (2d Cir); Rolando Acosta (AD 1st Dept); John Jones, III (M.D. Pa.); Nancy Gertner (ret., Ma.); Loretta Preska (CJ, S.D.N.Y.); Victor Marrero (S.D.N.Y.); and Richard Berman (S.D.N.Y.) will participate.

DL: How many students are in the class, and do you have a sense of what brought them to the class? Are a lot of them interested in clerking, perhaps?

Sponsored

JC: I think clerkships in the future are indeed in play for a number. There are 17 students enrolled in the class, and 8 or 10 others (students, professors and other Fordham Law members) attend fairly regularly. In fact, another class attended one session, and we suspect that may occur again. We asked the students about their court experiences early on. As it turns out, two students are actually judges in other countries; many others have interned for state and federal judges. Occasionally, when discussing a topic, a student will bring up their personal experience in a courtroom setting that deals with the topic of that particular class.

DL: Just like clerking, the class sounds like a wonderful learning opportunity and an amazing chance to see litigation from the judge’s side of the bench. For those who missed out this semester, do you have plans to teach it in the future?

JC: Absolutely.

Judges Dish About Their Toughest Decisions [Wall Street Journal]
Blindfolds Off: Judges On How They Decide [Amazon (affiliate link)]

Topics

, , , , , , , , , , ,