Patricia Wald

Amy Chua

If you’re going to be a diva, then own it. Was this lesson lost on Yale law professor Amy Chua, the author of an incendiary essay in last weekend’s Wall Street Journal, Why Chinese Mothers Are Superior, and a new book about Eastern versus Western parenting styles, Battle Hymn of the Tiger Mother?

Professor Chua seems to have it all: brains and beauty; an incredible academic career, with an endowed chair at Yale Law School; a hunky husband, fellow YLS prof Jed Rubenfeld; and two lovely and accomplished daughters. (Speaking of Chua’s kids, does anyone know where her oldest girl, Sophia Chua-Rubenfeld, is attending, or applying to attend, college? To Asian parents, sending a child to a top college is the ultimate vindication.)

Sophia Chua-Rubenfeld

But Amy Chua may need to work on her bitch-goddess qualities. After her controversial essay about the superiority of Chinese mothers and hard-ass Asian parenting set the blogosphere on fire — and sent her book rocketing to #5 on the Amazon bestseller list — Chua backtracked a bit, instead of defiantly standing her ground.

In interviews with the San Francisco Chronicle, the Wall Street Journal, and the New York Times, among other outlets, the self-proclaimed “Tiger Mom” seemed to turn into a pussycat….

double red triangle arrows Continue reading “Yale Law Prof Amy Chua Backs Away from Controversial Claims About Superiority of Chinese Mothers”

DC Circuit E Barett Prettyman Courthouse.gifFun news CAN break over a holiday weekend. Check out this Times article (by the indefatigable Adam Liptak, a Yale Law School alum):

A divided panel of the [exceedingly powerful] United States Court of Appeals for the District of Columbia Circuit, which will soon decide an important case concerning detainees at Guantánamo Bay, Cuba, rejected a friend-of-the-court brief submitted in the case by [seven] retired [federal] judges. Two former chief judges of the court were among those rebuffed.

The unsigned majority decision, for Judges David B. Sentelle and A. Raymond Randolph, said the brief violated a 1982 advisory opinion from a committee of the Judicial Conference of the United States, which is the administrative and policy-making body of the federal court system.

“Judges should insure that the title ‘judge’ is not used in the courtroom or in papers involved in litigation before them to designate a former judge,” the advisory opinion said.

Translation: :”Former judges, you’re not such hot s***. You’re nothing but lawyers with frustrated gavel fetishes.”
The brief was rejected over the dissent of Judge Judith Rogers:

Judge Judith W. Rogers dissented. She said the 1982 advisory opinion was meant to address situations in which former judges acting as lawyers are referred to by the honorific title “Judge.” That practice, if allowed in court, could improperly influence juries, confuse people and make parties to lawsuits lose confidence in the judicial system.

But the situation here, with former judges submitting an appellate brief on their own behalf and with the government’s consent, is different, Judge Rogers wrote. “Indeed, denying the unopposed motion for leave to file may itself create an appearance of partiality,” she wrote.

Liptak points out that (1) Judge Sentelle and Judge Randolph, the judges in the majority, were appointed by Republicans (Reagan and Bush I, respectively); (2) Judge Rogers is a Clinton appointee; and (3) two of the former D.C. Circuit chief judges on the brief, Abner J. Mikva and Patricia M. Wald, were appointed by Carter.
So was the dissing of the brief politically motivated? Judge Mikva doesn’t think so — but ascribes the decision to even cattier reasons:

Mr. Mikva said the rejection of his brief was motivated by personal animus, not politics. “It’s not political at all,” he said in an interview. “This was clearly aimed at me.”

The judges in the majority, Mr. Mikva said, were furious with him because he opposed allowing judges to accept free trips to resorts for seminars sponsored by private groups.

“They’re so close to retirement age,” Mr. Mikva said of the judges in the majority. “They really should grow up.”

OUCH. Boy do we miss the good old days on the D.C. Circuit!
Pull up a chair, kiddies, and listen to our tale. Back when Abner Mikva was Chief Judge, from 1991 to 1994, the D.C. Circuit went through a period that judicial historians refer to as The Golden Age of Bench-Slappery.
Conservatives and liberals were at each other’s throats — almost literally. Abner Mikva didn’t get along with several of his more conservative colleagues, including David Sentelle and Laurence H. Silberman. During one heated argument, Laurence Silberman reportedly said to Abner Mikva, “If you were 10 years younger, I’d be tempted to punch you in the nose.” How delicious!
Sadly, the Golden Age couldn’t last forever. In 1994, Chief Judge Mikva resigned to become White House Counsel under President Bill Clinton. He was replaced by Chief Judge Harry T. Edwards.
The famously cantankerous Harry Edwards — who once asked a lawyer at oral argument, “Counsel, are you shitting me?” — raised hopes that the Reign of Bitchiness would continue at the D.C. Circuit. But as it turned out, Chief Judge Edwards actually emphasized collegiality during his reign. And the D.C. Circuit — an unfathomably prestigious court, baby steps away from the Supremes — has never been the same.
(For some excellent perspectives on the controversy over the spurned brief, check out this VC post by Jonathan Adler. In the comments, legal ethics experts such as Stephen Gillers and Steve Lubet weigh in.)
Appeals Court Rejects Brief Submitted by Ex-Judges [New York Times via How Appealing]
NYT on Judicial Amicus Brief Rejection [Volokh Conspiracy]
Court Nixes Brief Because Ex-Judges Called Themselves Judges [WSJ Law Blog]

One highlight of this year’s Federalist Society National Lawyers Convention was the annual convention luncheon, held on Saturday, November 17. During the luncheon, a panel of distinguished judges addressed the very hot topic of judicial independence. The panelists:

Judge Carlos T. Bea (Ninth Circuit),
Chief Judge Danny J. Boggs (Sixth Circuit)
Judge Timothy B. Dyk (Federal Circuit)
Judge Patricia M. Wald (D.C. Circuit) (retired)
Chief Judge Dennis G. Jacobs (Second Circuit) (moderator)

A quick recap of the discussion, after the jump.

double red triangle arrows Continue reading “From the Belly of the Beast: Eating Judicial Independence for Lunch”