In Defense of Chief Judge Kozinski: A Linkwrap
The 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)]

We now yield the floor to Laurie Lin. Who better to report on one of the year's biggest social events than the writer of 
The 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
* Some interesting comments about Harriet Miers getting a Fifth Circuit nomination, as well as speculation about who might replace her as White House counsel. [
* DLA Piper's Amy Schulman (at right): Leading litigatrix, or Dianne Feinstein doppelganger? [
(Yeah, we know, today's "Morning Docket" is coming in just in time for lunch. Sorry, we overslept...)
The recent HP leak investigation scandal has drawn into the spotlight a legal celebrity of the first rank:
* Kind of like the Great Books, but for law. Soon we'll have a better understanding of the depths of our own ignorance. [


