Alex Kozinski

These days, mentioning the California city of Oakland conjures up images of tear gas and violence. It’s not a place that people associate with innocent fun right now.

But Oakland isn’t all protesters and police. We bring you a report from a recent visitor to that city, Chief Judge Alex Kozinski, of the U.S. Court of Appeals for the Ninth Circuit….

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Whenever a judge turns to rational-basis analysis, he’s basically saying, ‘You think two plus two equals five, and I don’t know how to add.’

– Professor Richard Epstein, at an interesting debate sponsored earlier this evening by the Columbia Law School Federalist Society. Professor Epstein and Chief Judge Alex Kozinski (9th Cir.) debated the merits of Kelo v. City of New London (2005). Professor Epstein attacked Kelo and Chief Judge Kozinski defended the decision.

(The event was standing room only, even though tonight was Halloween. Clearly this was more fun to CLS students than donning cheap costumes from Ricky’s and marching around the Village in a state of inebriation.)

'But I'm too pretty to go to jail.'

* The AT&T/T-Mobile antitrust suit is so big that not even Big Government law can handle it. The DOJ is bringing in even bigger guns with a partner from Biglaw firm Munger Tolles. [Bloomberg]

* Obama has nominated former Kozinski clerk, Paul Watford, to the Ninth Circuit. Way to go, because he’s kind of cute. Isn’t that what everyone looks for in a federal judge? [San Francisco Chronicle]

* Is Paul Ceglia’s Facebook lawsuit completely doomed? His own lawyer, Jeffrey Lake, wants to defriend him. This will be the fourth firm to dump Ceglia as a client. [Wall Street Journal]

* Blind item: which Hollywood actress is suing IMDb for $1M for revealing her true age? And we say “true age” because everyone knows that Botox knocks a few years off your face. [Reuters]

* Lindsay Lohan is due in court today for a progress report hearing, and prosecutors want to throw her in jail. Hope she’s been brushing up on her acting skills. [New York Daily News]

* Cry me a river? A Florida lawyer will be arguing before the state Supreme Court this winter over his First Amendment right to blast Justin Timberlake from his car stereo. [NBC Miami]

Several prominent judges, like Richard Posner (left) and Alex Kozinski (right), hire 'off-plan.'

Over the weekend, we mentioned a very interesting New York Times article on the chaotic state of the clerkship application process, and said we’d have more to say about it later. Well, now is later, quite a bit later — so let’s discuss.

The piece — by Catherine Rampell, who has written about the legal world before — paints a depressing picture of a dysfunctional system. Rampell reports that the clerkship process “has become a frenzied free-for-all, with the arbiters of justice undermining each other at every turn to snatch up the best talent.”

Let’s look at the reasons behind this, and discuss whether the process can be fixed….

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At birth.

– Chief Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit, explaining when he begins recruiting law clerks.

(Chief Judge Kozinski is quoted in a very interesting New York Times article on the chaotic state of the clerkship application process, which we’ll have more to say about later.)

UPDATE (9/27/11): Here is our commentary on the NYT piece.

Judge Vanessa Gilmore

* Lincoln Caplan writes about Bill Stuntz — “America’s leading thinker on criminal justice, and its hardest to categorize” — in a review of Stuntz’s posthumously published book, The Collapse of American Criminal Justice (affiliate link). [Democracy: A Journal of Ideas]

* Ben Kerschberg identifies eight great law and technology resources — including Above the Law’s tech section, natch. [Forbes]

* Andrew Cohen calls out Judge Vanessa Gilmore for “dubious behavior” in a death penalty case. Judicial diva is as judicial diva does? [The Atlantic]

* Professor Eugene Volokh comes to the defense of “dissental” and “concurral,” two new words coined by his former boss, Chief Judge Alex Kozinski. [Volokh Conspiracy]

Turtle as deadly weapon?

* Don’t let Stephen McDaniel or Bruce Reilly anywhere near a turtle. [Lowering the Bar]

* Check out Orrick’s excellent “It Gets Better” video. Orrick, MoFo and Shearman are the three large law firms we’re aware of that have made such videos; if you know of others, please let us know. [It Gets Better]

* If you are free on November 4th and will be in New York that night, consider attending the Black and White Masquerade Ball of the Dave Nee Foundation, a non-profit committed to fighting depression and preventing suicide. [The Dave Nee Foundation]

In our most recent Grammer Pole of the Weak, over two-thirds of you voted against the use of gender-neutral language, opting instead for the historic use of “he,” “him,” and “his” to cover both sexes. In the poll before that one, over 80 percent of you voted in favor of the serial comma. These results suggest that Above the Law readers are traditionalists in matters of grammar, usage, and writing style.

But back in August, 60 percent of you said that you are all right with “alright.” So perhaps ATL readers are open to the evolution of the English language and the creation of new words.

How do y’all feel about neologisms? Let’s look at two new words, coined by none other than the newly svelte Alex Kozinski, Chief Judge of the U.S. Court of Appeals for the Ninth Circuit….

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Chief Judge Alex Kozinski (in 2008 and today)

Chief Judge Alex Kozinski of the Ninth Circuit continues to provide us with awesome anecdotes. Back in July, for example, we related a fun story pertaining to his naturalization as an American citizen.

It was an inspiring immigrant story, but it was primarily of historical interest. Cool as it was, it did not have huge relevance to the day-to-day practice of law.

Our latest law-related tale about Chief Judge Kozinski has practical ramifications. California lawyers, you should keep reading; you never know when this knowledge might come in handy.

Also handy: diet tips from His Honor, who has dropped quite a bit of weight lately….

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Chief Judge Alex Kozinski (sans robe).

Immigration is a hot topic these days. It was the subject of a recent Supreme Court case, Chamber of Commerce v. Whiting (a rare loss for the Chamber, which fares well at SCOTUS). It’s getting implicated in the LGBT rights movement, as gay and lesbian binational couples fight deportations caused by the Defense of Marriage Act. And as Election 2012 gets underway, we’ll surely be hearing more about immigration in the weeks and months ahead.

As the immigration debate continues, let’s keep in mind the important contributions made to our nation by immigrants. For example, one of our most distinguished federal judges — Chief Judge Alex Kozinski, of U.S. Court of Appeals for the Ninth Circuit — is an immigrant. He was born in Bucharest, Romania, in 1950, and he immigrated to the United States with his family in 1962, at the age of 12.

Chief Judge Kozinski recently sent me a great story relating to his naturalization, which I will now share with you (with His Honor’s permission)….

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Now that she has been acquitted of murder and manslaughter charges arising out of the death of her daughter, Caylee Anthony, where will Casey Anthony go next? Given her notoriety, it’s a tough question.

One possible answer: law school. As Ann Finnell, one of Casey Anthony’s lawyers, told People magazine, “She’s been exposed to the criminal justice system, and I think that might be a pursuit of hers.”

So should Casey Anthony go to law school? Many observers, including some of my colleagues here at Above the Law, say that going to law school isn’t a good idea for most people.

But Casey Anthony is no ordinary law student. She is an extraordinary young woman and who has had some extraordinary experiences. Conventional wisdom does not apply to her.

Let’s imagine Casey Anthony’s future legal career….

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