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Eugene Volokh

In Defense of Chief Judge Kozinski: A Linkwrap

Kozinski.jpgThe controversy surrounding Chief Judge Alex Kozinski is rapidly dissipating -- and with good reason. He has recused himself from the Ira Isaacs obscenity trial, and he's called for an investigation of any potential misconduct on his part. So, to quote his website, "Ain't nothin' here. Y'all best be movin' on, compadre."

We've read tons of Kozinski coverage (so you don't have to). Here are three of the most important posts:

1. The wife of Chief Judge Kozinski has come to his defense, over at Patterico's Pontifications:

My name is Marcy Tiffany. I have been married to Alex Kozinski for over thirty years and we have raised three sons together..... [T]he LA Times story, authored by Scott Glover, is riddled with half-truths, gross mischaracterizations and outright lies. One significant mischaracterization is that Alex was maintaining some kind of "website" to which he posted pornographic material.

Obviously, Glover's use of the word "website" was intended to convey a false image of a carefully designed and maintained graphical interface, with text, pictures, sound and hyperlinks, such as businesses maintain or that individuals can set up on Facebook, rather than a bunch of random files located in one of many folders stored on our family's file server. The "server" is actually just another home computer that sits next to my desk in our home office, and that we use to store files, perform back-ups, and route the Internet to the family network. It has no graphical interface, but if you know the precise location of a file, you can access it either from one of the home computers or remotely.

Using the term "website" also gives the impression that Alex was actively aware of all of the material, when, in fact, it had accumulated over a number of years and he didn't even remember that some of that stuff had been stored there or whether it had been put there by him or one of our sons, who also have access to the server.

That's just an excerpt; read the whole thing over here.

2. Professor Eugene Volokh, a former clerk to Chief Judge Kozinski, offers his thoughts over at the Volokh Conspiracy. Money quote:

Kozinski has a quirky sense of humor, and keeps some joke pictures and videos on his computer rather than throwing them away. I'm sure they aren't the kinds of things some people would enjoy seeing. But he wasn't trying to show them to those people! He was just minding his own business, keeping some files on his own private server. And now it's a national news story.

Enough already.

3. Professor Volokh's post concludes by quoting the analysis of Professor Lawrence Lessig, another leading legal academic and cyberlaw guru. Professor Lessig writes:

When it comes to government invasions of our privacy, we are (and rightly) a privacy obsessed people. We need to extend some of that obsession to the increasingly common violations by private people against other private people. There is nothing for Chief Judge Kozinski to defend because he has violated no law, and we live in a free society (or so he thought when he immigrated from Romania). A free society should feed the right to be left alone, including the right not to have to defend publicly private choices and taste, by learning not to feed the privacy trolls.

That's just the tail end of a long and thoughtful post. Read it in full by clicking here.

Alex Kozinski's Wife Speaks Out [Patterico's Pontifications via Volokh Conspiracy (Jonathan Adler)]
Alex Kozinski [Volokh Conspiracy (Eugene Volokh)]
The Kozinski mess [Lessig Blog (Larry Lessig)]

A Night at the Federalist Society Birthday Bash

Alex Kozinski David Lat.jpgWe now yield the floor to Laurie Lin. Who better to report on one of the year's biggest social events than the writer of Legal Eagle Wedding Watch? Over to you, Laurie.

****************
Ambition and Old Spice wafted sweetly through the air last night at the Federalist Society's 25th Anniversary Gala at Union Station -- a kind of right-wing Golden Globes. Nearly two thousand G-ed up conservative lawyers packed the main hall to hear President George W. Bush blast the Senate on judicial confirmations:

"Today, good men and women nominated to the federal bench are finding that inside the Beltway, too many interpret 'advise and consent' to mean 'search and destroy,'" Bush said.

Tickets to the black-tie affair were $250 -- actually $249, because there was a new $1 Madison coin at every place setting -- but that was a small price to pay to breathe the same oxygen as Ted Olson, Antonin Scalia, and Laura Ingraham.

More on the conservative legal fabulosity -- including pictures of the people who didn't hide when they saw us coming -- after the jump.

Continue reading "A Night at the Federalist Society Birthday Bash"

Everyone's a Winner at Above the Law
(And Thanks to Everyone Who Voted)

Weblog Awards Winner logo Best Law Blog Above the Law blog.jpgSigh. It's Monday, and it's also a quasi-holiday (Veterans Day). Government lawyers, a significant chunk of our readership, generally aren't in the office today.

So maybe that's one reason we're feeling lazy and unmotivated today. Another possible reason: we're resting on our laurels.

Late last week, Above the Law was named Best Law Blog, in the 2007 Weblog Awards. Very exciting! Thanks to everyone who voted, in response to our repeated pleas.

Was the contest "a pretty silly affair," as our erstwhile evidence professor, Brian Leiter, opined? Sure. Which makes ATL's victory eminently appropriate, since this is a pretty silly blog.

So congratulations to us! And thanks again to everyone who voted.

P.S. To Professors Kerr and Volokh and their fellow Volokh Conspirators: Sure, we'll buy a round of beer! Just find us at the Federalist Society National Lawyers Convention later this week.

Best Law Blog [The 2007 Weblog Awards]
Does David Lat Owe Us Beer? [Volokh Conspiracy]
Did you vote for the "Best Law Blog" yet? [Brian Leiter's Law School Reports]

Non-Sequiturs: 11.07.07

Maximilia Cordero small Jeffrey Epstein Dealbreaker Above the Law blog.JPG* Our DealBreaker colleagues receive email from William Unroch, the lawyer / ex-boyfriend of Maximilia (née Maximilian) Cordero, the transsexual model suing high-flying financier Jeffrey Epstein. Did you get all that? [DealBreaker]

* Congratulations to (soon-to-be-Chief) Judge Kozinski, who just won the Witkin Medal! [Blogonaut]

* Speaking of Judge Kozinski, here's a counter-plea from perhaps his most famous former clerk. We may have to issue another bleg in response. [Volokh Conspiracy; 2007 Weblog Awards]

* "Uh, there's no pot here, Beavis -- just monkeys." [What About Clients?]

More on the AutoAdmit Lawsuit: An Update on Doe v. Ciolli

AutoAdmit xoxohth Anthony Ciolli Above the Law blog.JPGThe blogosphere is ablaze with discussion of the AutoAdmit lawsuit. We collect and summarize the commentary in this linkwrap.

(We read all the blogs, so you don't have to! You can thank us later.)

1. Students File Suit Against Ex-AutoAdmit Director, Others [WSJ Law Blog]

If you haven't done so already, read this post first. It contains the most detailed factual background about the case. You can also access the Complaint itself by clicking here (PDF).

2. Yale law students sue over "the scummiest kind of sexually offensive tripe" at AutoAdmit [Althouse]

Professor Ann Althouse has her doubts about this lawsuit:

So this is the 21st century? Where courts award punitive damages for offensive words and pictures? Isn't "the scummiest kind of sexually offensive tripe" exactly what we always used to say people had to put up with in a free country? Man, that was so 20th century!

3. Suing Autodmit [Instapundit]

Professor Glenn Reynolds -- who kindly links to our post, by the way -- largely agrees with Professor Althouse. He sarcastically observes: "Stuff that offends dumb hicks in the heartland is constitutionally protected. Stuff that offends Yale Law Students must be stamped out!"

More links, after the jump.

Continue reading "More on the AutoAdmit Lawsuit: An Update on Doe v. Ciolli"

Kozinski on Blogs: "Hateful Things"

Alex Kozinski.jpgThe brilliant and irascible Judge Alex Kozinski, of the U.S. Court of Appeals for the Ninth Circuit, has handed down his opinion on blogs, and it's scathing. The audio link is down, but Orin Kerr helpfully gives us the juicy bits:

ERIC GOLDMAN: So but what about blogs? . . .

JUDGE ALEX KOZINSKI: I hate them, hateful things.

ERIC GOLDMAN: Why do you hate blogs? . . . .

JUDGE ALEX KOZINSKI: I just think it's so self-indulgent, you know. "Oh, I'm so proud of what I'm saying, I think the world instantly wants to know what I'm thinking today." People wake up thinking, . . . . "I wonder what great thoughts have come into his mind this morning that I can feel myself edified by. I can't really have breakfast — really enjoy my day — until I hear the great thoughts of Howard Bashman!" I don't think so. I go for months without ever knowing what Howard has to say. So I don't know. I find it sort of self-indulgent. And I find it grandiloquent. And I find it annoying, particularly if I'm in an audience and people are sitting there typing in their computers.

Why is Kozinski picking on Bashman? How Appealing is the opposite of grandiloquent; it's essentially a just-the-facts clearinghouse for the day's news.

If the self-nominated judicial superhottie and recent ATL critic has a beef with grandiloquent blogs, a more fitting target might be the one run by his former clerks, Eugene and Sasha: the verbose Volokh Conspiracy!

Non-Sequiturs: 01.04.07

Rachel Brand Rachel Brand Rachel Brand Above the Law.jpg* Some interesting comments about Harriet Miers getting a Fifth Circuit nomination, as well as speculation about who might replace her as White House counsel. [ConfirmThem]

(We second the suggestion of Rachel Brand (at right). Brand previously worked in the White House counsel's office, before her appointment to head the Office of Legal Policy at the Justice Department.)

* From an Instpaundit correspondent: "I'm no law prof, but isn't the presumption of innocence most useful before a pile of facts come out indicating that the accused are, in fact, innocent?" [Instapundit]

* Speaking of which, check out Best Defense, which "seeks to place the presumption of innocence front and center." [Bag and Baggage]

* Jeez, he's even more of a tool than we thought. Can someone please talk some sense into him about 2008? [Althouse]

* Backlash to the backlash against (allegedly) excessive executive pay. [Point of Law via Dealbreaker]

* Amen. With the exception of news aggregators, blogs are by their nature idiosyncratic, rather than comprehensive. So don't get your briefs in a wad when we fail to write about your pet topic. [Volokh Conspiracy; Althouse]

Morning Docket: 12.21.06

* The Volokh Conspiracy wins Best Law Blog. Congrats to the VC crew! [The Weblog Awards 2006 via 2nd Place Winner How Appealing]

* F&@% you, FCC!. [CNN.com]

* And in my-home-state-is-not-completely-backward news... [Jurist]

* If he sold it, Ron Goldman wants the money. [AP via FindLaw]

* Internet illiterate NY Mom, who doesn't know "a kazaa from a kazoo," is dropped from recording industry's suit against her children. [AP via lexisONE]

Non-Sequiturs: 12.20.06

ACLU Patrick Agin high school senior medieval chain mail ACLU.JPG* I have been remiss in not updating you on the legal woes of the blogger everyone loves to hate. And if you still think Paris Hilton when you hear Perez Hilton, well, I wish I were you and had never discovered the e-crack that is the gossip blog. [Los Angeles Times]

* Professor Volokh expresses his indignation at an entire generation of selfish bastards. Holla. Also cf: this for proof that academics may have too much time on their hands. [Volokh Conspiracy]

* The high school’s zero-tolerance policy for weapons may ironically save this senior (at right) from getting his ass kicked. And keep alive a glimmer of hope that he will not die a virgin. [New York Times]

* I think people who take LSAT prep classes or 1L Boot Camp before law school are lame. So you can guess what I think about law students who buy other students’ outlines, and for that matter, the students who sell their outlines (who might not be so cash-strapped had they not taken the LSAT prep classes or 1L Boot Camp in the first place). [The Conglomerate]

* I think this is funny, and rest assured, the baby is okay. But I still feel like someone is going to be sued, especially if the baby ends up growing a different set of genitals. [AP via Forbes]

Non-Sequiturs: 09.21.06

amy schulman.jpg* DLA Piper's Amy Schulman (at right): Leading litigatrix, or Dianne Feinstein doppelganger? [WSJ Law Blog]

* "Eugene Volokh" on Boston Legal: the mystery revealed. Congrats on the shout-out, Professor Volokh! [Volokh Conspiracy]

* We enjoyed this. Or, to do our best Instapundit impression: HEH.
[Concurring Opinions]

* Another funny interview story, courtesy of David Bernstein. As for why he didn't get an offer: Maybe he picked the wrong concealer? [Volokh Conspiracy]

* There's still time left for you to vote: Who is the Paris Hilton of the federal judiciary? [ATL]

* There appears to be a void in the blogosphere where rumor-mongering about law school faculty moves ought to be. [Is That Legal?; Concurring Opinions]

Note: We're happy to try and fill that void. So send us your tips, your juicy gossip about who in legal academia might be going where. The bigger the name, the better. If we receive a regular inflow of such info, we'll make it a weekly feature.

Morning Docket: 09.21.06

enron logo.gif(Yeah, we know, today's "Morning Docket" is coming in just in time for lunch. Sorry, we overslept...)

* Former Enron CEO Jeff Skilling is facing 20 to 30 years in prison when he's sentenced next month -- but he can still get himself into even more trouble. Impressive. [Houston Chronicle via WSJ Law Blog]

* Elsewhere in Enron-land, ex-CFO Andy Fastow is seeking leniency in advance of his sentencing next week. Did you know he built a picnic table at his synagogue? [Washington Post; WSJ Law Blog]

* Clarence Hill, the death row inmate who sought to challenge the constitutionality of Florida's lethal injection procedure, was executed last night. The Supreme Court decided, by a 5-4 vote, not to grant him a new stay of execution. [New York Times]

* Something complicated happened in the House concerning the White House's proposal for interrogating and prosecuting terror suspects. Parliamentary procedure can be so wacky! Let's face it: Nothing is getting done on this until after the November elections. [Washington Post]

* Hey, that's neat: "Eugene Volokh" is on ABC's "Boston Legal." [How Appealing]

Viet Dinh: Still As Cuddly As Ever

viet dinh.jpgThe recent HP leak investigation scandal has drawn into the spotlight a legal celebrity of the first rank: Viet Dinh. Dinh represents venture capitalist god Thomas Perkins, in Perkins's (rather tense) dealings with HP's board and lawyers.

Dinh, for those of you visiting from other planets, is one of the highest-flying legal eagles in the country. He's a former high-ranking official at the Justice Department, current professor at Georgetown Law, and former Supreme Court clerk (to Justice Sandra Day O'Connor).

Despite his platinum-plated résumé, Dinh is a grabby l'il guy. Here's the lede of Anna Schneider-Mayerson's very interesting profile of Dinh, in the New York Observer:

On the fifth anniversary of the Sept. 11 attacks, Viet Dinh, one of the lead architects of the controversial Patriot Act, was standing in his Washington, D.C., office, waxing poetic about Supreme Court Justice Sandra Day O’Connor.

“Justice O’Connor, I love her so much,” the 38-year-old law professor said. “I love her so much. She’s the best.”

As if to return the compliment, her image, in the form of a photo portrait signed to her former clerk “with respect and affection,” smiled back at him.

Hugs all around!

The effusive Dinh is, according to Schneider-Mayerson, "an avid and nonpartisan hugger." As he readily admits, "I always hug [conservative lawyer] Ted Olson and [ACLU executive director] Anthony Romero,” he said.

Does this surprise us? Not in the least. Learn why, after the jump.

Continue reading "Viet Dinh: Still As Cuddly As Ever"

Non-Sequiturs: 09.06.06

hillary clinton is magnificent.jpg* Kind of like the Great Books, but for law. Soon we'll have a better understanding of the depths of our own ignorance. [PrawfsBlawg]

* This is not a fairy tale: the Princess and... the Prison. [Associated Press]

* "I'm your priiiiivate judge, a judge for money, I'll do what you want me to do / I'm your priiiiivate judge, a judge for money, And any old dispute will do." [WSJ Law Blog]

* ATL wishes Professor Eugene Volokh a speedy recovery from his LASIK surgery! (We had it three years ago, and so far, so good. But knock on wood, cross fingers, etc.) [Volokh Conspiracy]

* This doesn't have much to do with law, but it does play into our obsession with Senatrix Hillary Rodham Clinton. (Hey, she's a lawyer -- so there, that's our hook.) [Andrew Sullivan]