Alex Kozinski - Knowledge

960:, who had been sentenced to death, filed a motion before the Ninth Circuit Court of Appeals claiming a right to know which chemicals were included in the lethal injection that was to be used to execute him. While the court denied his motion, Kozinski issued a dissenting opinion, calling the use of drugs a "misguided effort to mask the brutality of executions by making them look serene and peaceful." He went on to argue that states should revert to more primitive methods like the guillotine, electric chair, gas chamber, and firing squads because they are accurate and do not mask the brutality. He wrote, "Sure, firing squads can be messy, but if we are willing to carry out executions, we should not shield ourselves from the reality that we are shedding human blood. If we, as a society, cannot stomach the splatter from an execution carried out by firing squad, then we shouldn't be carrying out executions at all." Wood's execution subsequently took 1 hour 57 min before he was pronounced dead. 396:

remember, I was in Vienna, and I got bubblegum and chocolate, which were freely available. It was as though a cloud or veil had lifted. It was such a different world, you had real consumer goods. People weren't running around with shackles. Everything that had been said about the West was untrue. Bananas were plentiful. In Romania, my father used to have to work a half-day to get three bananas. I remember going with my parents to an open-air market in Vienna and seeing all these bananas, cheap, ... and wondering whether they would be there tomorrow. I looked a week later and they were still there. There was no conscious rethinking or recalculating my point of view. I was now an instant and fervent capitalist.

44: 555:, after rules had been enacted to discourage behavior that would initiate "a substantial and widespread lowering of public confidence in the courts among reasonable people," Kozinski demanded the actual imposition of higher standards, writing,"It does not inspire confidence in the federal judiciary, when we treat our own so much better than we treat everyone else." Kozinski was persuasive and Real's case was reopened and he was disciplined. 3359: 1213:

he'd gone too far. After he'd demonstrated that he had forgiven me for the misplaced comma or misspelled word that gave rise to his outburst, he would go up to me. "Heidi, honey," he would ask. "Do you still love me?" There was only one answer. To say "no" would be to invite the tempest a second time. "Yes, Judge," I would say. "Of course I still love you." He'd kiss my cheek, and I would kiss his.

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This sort of diatribe was a regular occurrence. The judge had incredibly high standards, and when we failed to meet them, we were raked over the coals. I do not think a week passed without at least one such outburst; during bad times, they were a daily occurrence. He also had an innate sense of when

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Former clerks also describe abusive employment practices by Kozinski. For many years, Judge Kozinski's job announcement stated that "I'm looking for amazingly intelligent Supreme Court clerk wannabes eager to slave like dogs for an unreasonably demanding boss." Former law clerk Heidi Bond described

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call is missed for whatever reason, the error can be corrected in a future case where the problem again manifests itself.... That this is a capital case does not change the calculus. The stakes are higher in a death case, to be sure, but the stakes for a particular litigant play no legitimate role in

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I remember leaving Romania, December 24, 1961. And I still remember being on the train, making plans for myself, how I would to go the West where people were oppressed and I would share my knowledge of Communism and help bring enlightenment by helping to tear down capitalism. ... And the next thing I

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A "former Ninth Circuit clerk said that at a dinner with other clerks, Kozinski brought up a movie that contained a topless woman, talking about her 'voluptuous' breasts. The woman . . . said she made a face to signal her disbelief at what he was saying, and Kozinski turned to her and said something

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Kozinski has been accused of sexual misconduct, ranging from harassment to assault, by more than 15 women. Former Kozinski clerk Katherine Ku has described Kozinski's chambers—where three or four law clerks, one or two judicial assistants, and one or more judicial externs typically worked at a given

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revealed Kozinski "maintained a publicly accessible website featuring sexually explicit photos and videos." Kozinski had collected a "vast" number of images sent to him via e-mail over many years and retained them on a personal web server in his home. Kozinski believed that only invited friends and

600:, Kozinski, who had not been part of the case, emphasized judicial independence: "It seems to me that this is what makes this country truly great—that we can have a judiciary where the person who appoints you doesn't own you." He also took a stand against the charge that the Ninth Circuit is overly 544:, to a new seat created by 98 Stat. 333. Before the confirmation vote took place, former employees from Kozinski's time at the Office of Special Counsel warned the Senate that Kozinski was "harsh, cruel, demeaning, sadistic, disingenuous and without compassion." He was nonetheless confirmed by the 1132:"One recent law student at the University of Montana said that Kozinski, at a 2016 reception, pressed his finger into the side of her breast, which was covered by her clothes, and moved it with some 'deliberateness' to the center, purporting to be pushing aside her lapel to fully see her name tag." 994:

in two separate concurring opinions – Reinhardt referred to Kozinski's opinion a "diatribe" and Berzon called it "a one-sided attack on a decision by a duly constituted panel of this court." The Supreme Court ultimately upheld the "travel ban" against similar challenges in the 2018

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A former Ninth Circuit clerk reported that in late 2011 or early 2012, she found herself sitting next to Kozinski at a dinner in Seattle. He "kind of picked the tablecloth up so that he could see the bottom half of me, my legs," and he remarked, "I wanted to see if you were wearing pants because

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Overprotecting intellectual property is as harmful as underprotecting it. Creativity is impossible without a rich public domain. Nothing today, likely nothing since we tamed fire, is genuinely new: Culture, like science and technology, grows by accretion, each new creator building on the works of

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In 1958, Kozinski's parents applied to the Romanian government for permission to emigrate from the country. They received permission four years later in 1962, when Kozinski was 12 years old. Kozinski, who had grown up as a committed communist in Bucharest, became what he described as "an instant

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On December 18, 2017, Kozinski announced his immediate retirement. It was unknown whether the investigation on Kozinski would continue. He stated during his resignation that the women must have misunderstood his "broad sense of humor" and "candid way of speaking." Upon his retirement, many news

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published a story with allegations against Kozinski from 9 more women, this time with more prominent accusers including colleagues, law students, a professor and a former judge. The disclosed sexual misbehavior allegations span more than three decades, including allegations of unwanted physical

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to assign the inquiry to a panel of judges outside the Ninth Circuit's jurisdiction. Also, he said that his son, Yale, and his family or friends may have been responsible for posting some of the material. Kozinski's wife wrote a defense characterizing those of his posts which were alleged to be

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had unfairly taken the videos and pictures out of context in its descriptions. He wrote that one frequently-mentioned video, the video described above as a "half-dressed man cavorting with a sexually aroused farm animal," which actually involves a man running away from a donkey, is available on

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reported that the site included a photo of naked women on all fours painted to look like cows; a video of a half-dressed man cavorting with a sexually aroused farm animal; images of masturbation and public and contortionist sex; a slide show striptease featuring a transgender woman; a series of

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I have been a judge for 35 years and during that time have had over 500 employees in my chambers. I treat all of my employees as family and work very closely with most of them. I would never intentionally do anything to offend anyone and it is regrettable that a handful have been offended by

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Complaints about Kozinski's abusive employment practices were raised as early as 1985 by former Kozinski employees. Those employees claimed Kozinski was unqualified to join the Ninth Circuit "because of a harsh temperament, questionable decisions and misleading testimony before the Judiciary

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Committee." They said Kozinski was "harsh, cruel, demeaning, sadistic, disingenuous and without compassion," and that his actions as a boss "portray an unusual degree of hostility . . . and at times an almost complete disregard for the consequences of the actions upon individuals."

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One "former Kozinski extern said the judge once made a comment about her hair and looked her body up and down 'in a less-than-professional way.' That extern said Kozinski also once talked with her about a female judge stripping." The clerk said she wouldn't want to be alone with

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Kozinski initially refused to comment on disqualifying himself and then granted a 48-hour stay, when the prosecutor requested time to explore "a potential conflict of interest." On June 13, Kozinski petitioned an ethics panel to investigate his own conduct. He asked Chief Justice

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about any knowledge of Kozinski's inappropriate behavior, including his circulations of sexually explicit emails via his "Easy Rider Gag List." Kavanaugh denied knowing anything about the allegations against Kozinski prior to the publication of a news article about them in the

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so as to pass legal muster. When the incident came to light years later during confirmation hearings for Kozinski's Ninth Circuit Court of Appeals nomination, the scandal drew 43 Senate opposition votes and reportedly subsequently prevented Kozinski's planned promotion to the

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Some former Kozinski clerks have observed that because Kozinski retired from the bench after the first 15 women accused him of misconduct, "additional targets of, or witnesses to, Kozinski's transgressions" will not be likely to speak publicly. His former clerk,

739:–style set in a humorous advertisement. While the Ninth Circuit held in favor of White, Kozinski dissented: "All creators draw in part on the work of those who came before, referring to it, building on it, poking fun at it; we call this creativity, not piracy." 1217:

Former clerk Katherine Ku wrote that Kozinski expected to be able to approve the location of her apartment, would complain when his clerks "wanted salad for lunch instead of whatever he was having," and "regularly diminished women and their accomplishments."

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wrote for the majority that "because there is persuasive evidence that the entry restriction has a legitimate grounding in national security concerns, quite apart from any religious hostility," the courts "must accept that independent justification."

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dropped the monitoring program but protested in the press. In 2001, Kozinski, who possesses sophisticated computer skills, personally disabled software which blocked federal court computers in three appellate circuits from receiving pornography.

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across the border, were not violated despite the fact that witnesses who could have exonerated him had been deported before they could be deposed. Kozinski dissented. Federal prosecutors, however, dropped all charges and released the defendant.

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from 1979 to 1981. He was a Deputy Legal Counsel of the Office of the President-Elect in Washington, D.C. (1980–81) and an Assistant Counsel for the Office of Counsel to the President in Washington, D.C. (1981). He was a Special Counsel for the

2026:, that the government would refrain from putting aliens who could provide exculpatory evidence beyond the reach of the court and defense counsel. But whatever wisdom the United States Attorney for the Southern District of California gained in 1075:, wrote that Kozinski should have administered his web server more carefully, but that Kozinski's apology and deletion of the website, in addition to the panel's admonishment and the public dissemination of it, sufficiently ended the matter. 865:

photos of women's crotches as seen through snug fitting clothing or underwear; and content with themes of defecation and urination. Kozinski admitted that some of the material was inappropriate but defended other content as "funny."

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touching and invitations by Kozinski to have sex. Four of the women say Kozinski touched or kissed them without permission. Three of the clerks who were working for him when the allegations broke resigned their positions.

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time—as a "hostile, demeaning and persistently sexualized environment." An image posted on the legal gossip blog Underneath their Robes shows a female law clerk with her arm draped around Kozinski's neck.

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A lawyer "said Kozinski approached her when she was alone in a room at a legal community event around 2008 in downtown Los Angeles and — with no warning — gave her a bear hug and kissed her on the lips."

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was convicted based largely on the testimony of his fellow inmates, but doubts about the effectiveness of his defense counsel led seven former California prosecutors to file briefs on Thompson's behalf.

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Kozinski responded to the allegations saying he did not remember showing any type of sexual material to his clerks and, "If this is all they are able to dredge up after 35 years, I am not too worried."

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In addition to being a former judge, Kozinski has been an essayist and a judicial commentator. Kozinski contributions to law journals have been used in graduate instruction at Georgetown University.

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dismissed the opinion enjoining his organization from interfering with ICS vessels as "entirely devoid of real evidence" and claimed that Sea Shepherd USA was in full compliance with the injunction.

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how Kozinski forbade her from reading romance novels during her dinner break: the Judge asserted, "I control what you read, what you write, when you eat. You don't sleep if I say so. You don't

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was violated when the disgruntled litigant exposed the private files, which were not intended for public viewing. Lessig compared the incident to breaking and entering a private residence.

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While he was in the Office of Special Counsel, despite staff recommendations against termination, Kozinski overruled his staff and then repeatedly tutored Interior Secretary

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on August 20, 1982, and received commission on October 1, 1982. He served as Chief Judge from 1982 to 1985. His service terminated on February 9, 1985, due to resignation.

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family were able to view the image directory. Nonetheless, he called for an ethics investigation of himself, and was suspended from presiding over the obscenity trial of

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On December 9, 2019, Kozinski argued before the Ninth Circuit for the first time since his resignation due to the scandal. Kozinski argued for a plaintiff suing over

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On March 17, 2017, Kozinski wrote a dissenting opinion when the Ninth Circuit denied en banc review after a three-judge panel blocked Trump's "travel ban." Joined by

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said at a 2017 dinner, Kozinski pinched her and joked that he had just had sex with his wife and she or others at the table would be "happy to know it still works."

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He served as Chief Judge of the circuit from December 1, 2007, to December 1, 2014. In that capacity, he received complaints about Montana Federal Presiding Judge

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On December 14, the chief judge of the Ninth Circuit referred the matters for investigation and a day later assigned them to the 2nd Circuit. On December 15,

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On November 30, 2007, he became the tenth Chief Judge of the Ninth Circuit. His term as chief judge ended on December 1, 2014, when he was succeeded by Judge

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by a 54–43 vote on November 7, 1985. He received commission the same day. At 35, he was the youngest federal Appeals Court judge at the time of appointment.

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that when she was clerking for another judge on the Ninth Circuit and Kozinski learned she was in a hotel room, he asked her what she was wearing.

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from 1976 to 1977. He then entered private practice as an associate with the law firms Forry, Golbert, Singer & Gelles from 1977 to 1979 and

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Kozinski had previously been involved in a dispute over government monitoring of federal court employees' computers. Administrative Office head

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reported that Kozinski had "maintained a publicly accessible Web site featuring sexually explicit photos and videos" at alex.kozinski.com. The

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Kozinski's judicial career ended in 2017 when he retired after over a dozen of his former female law clerks and legal staffers accused him of

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himself from the case. On June 5, 2009, the Judicial Council of the Third Circuit issued an opinion clearing Kozinski of any wrongdoing.

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Kozinski and his wife, attorney Marcy Jane Tiffany, were married soon after he graduated from law school. They have three sons.

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concentration camps where tens of thousands of Jews perished. His mother, Sabine, lived through the war years in a Romanian

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A former Kozinski clerk said Kozinski, in his chambers, showed her an "open-legged image of a male figure that was naked."

562:, who had sent hundreds of emails disparaging women, racial minorities and liberal politicians. One joked that President 1854: 3640: 1138: 1035: 469: 3466:"I Received Some of Kozinski's Infamous Gag List Emails. I'm Baffled by Kavanaugh's Responses to Questions About Them" 2912:"Nine more women say judge subjected them to inappropriate behavior, including four who say he touched or kissed them" 1280:

Kozinski is representing former President Donald Trump in his lawsuit against Twitter on appeal in the Ninth Circuit.

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Nine more women say judge subjected them to inappropriate behavior including four who say he touched or kissed them

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decision was reversed by the Supreme Court, which called the Ninth Circuit's action "a grave abuse of discretion."

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and said that for any country that wants to take human life, citizens should be prepared to watch the proceedings.

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A former extern said she had at least two conversations with Kozinski "that had sexual overtones directed at me."

1026:'s policy of indiscriminately shackling criminal defendants in all pretrial hearings violated the Constitution's 854:

was accused of distributing videos depicting bestiality and other images. During the trial on June 11, 2008, the

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appears to have applied to that case and that defendant only. We change that today."). Retrieved March 19, 2014.

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In 2005, after concluding that the Ninth Circuit insufficiently addressed breaches of judicial conduct by Judge

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In February 2013, Kozinski wrote an opinion reversing a district court ruling that had denied Japanese whalers

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petition attacking the state court decision. Two days before Thompson's scheduled execution, the Ninth Circuit

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in April 2017, Kozinski talked about his support for the death penalty, but with the reservation that death by

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In the 2000s, while defending the Ninth Circuit against criticism because of a recent controversial decision,

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Emily Murphy, who was clerking for another Ninth Circuit judge at the time and later became a professor at

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and abusive practices. Kozinski had previously faced an ethics hearing over inappropriate sexual material.

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Adam Liptak, "Calif. Trial Focuses on Pornography: Los Angeles Jury Will Decide If Videos Are Obscene,"

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or if it aroused her sexually; when she said no, she alleged, he interrogated her as to why it did not.

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is also famous for his sarcastic remark that "for better or worse, we are the Court of Appeals for the

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Public allegations of Kozinski's sexual misconduct toward female lawyers and law students include:

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those who came before. Overprotection stifles the very creative forces it's supposed to nurture.

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Recent Case: Ninth Circuit Deems Unconstitutional Routine Shackling in Pretrial Proceedings

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Cole, Jeffrey (Summer 2004). "My Afternoon with Alex: An Interview with Judge Kozinski".

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On December 8, 2017, Kozinski was accused of misconduct by six women including former

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unless I say so. Do you understand?" Bond also described interactions consistent with

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Kozinski dissented from an order rejecting the suggestion for rehearing en banc an

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As a judge, Kozinski would host a movie night called Kozinski's Favorite Flicks.

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NY Times: Judge Kozinski's 'Nomination Letter' to the Judicial Hottie contest.

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Who Is Alex Kozinski? Judge Is Accused of Sexual Misconduct By Nine More Women

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Gavel Passing to Mark Changing of the Guard for Ninth Circuit Court of Appeals

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Kozinski's family immigrated to the United States in 1962 and settled in the

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from 1985 to 2017. He was a prominent and influential judge, and many of his

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List of law clerks of the Supreme Court of the United States (Chief Justice)

3512: 2570: 1002: 910: 902: 701:, who called it "bizarre and horrifying" and "unworthy of any jurist." The 575: 563: 442: 384: 372: 274: 146: 3069:"Prominent appeals court Judge Alex Kozinski accused of sexual misconduct" 2868:"Prominent Appeals Court Judge Alex Kozinski Accused of Sexual Misconduct" 2087:"9th Circuit's chief judge posted sexually explicit matter on his website" 1398:"9th Circuit's chief judge posted sexually explicit matter on his website" 2565: 2022:, no. 11-50094 (9th Cir. September 14, 2012) ("We had assumed, following 1940: 1262: 1142: 1101: 943: 811: 796: 784: 780: 726: 552: 511: 405: 2478:"Executions should be by firing squad, federal appeals court judge says" 1513: 3426: 3277:"Trump hires former 9th Circuit judge Kozinski for Twitter court fight" 2706:"Perspective | Pressuring harassers to quit can end up protecting them" 1065: 979: 890: 851: 634: 625: 601: 2202:"A Look Back at Judge Kozinski's Attack on Monitoring Court Computers" 775:

Yet another of Kozinski's high-profile cases was the lawsuit filed by

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During his tenure as a court of appeals judge, he became a prominent

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United States District Court for the Southern District of California

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California: Judge Calls for Inquiry Into His Conduct Over Web Site.

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Calling the coverage a "baseless smear" by a disgruntled litigant,

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Judges of the United States Court of Appeals for the Ninth Circuit

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United States Article I federal judges appointed by Ronald Reagan

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ap.google.com, Calif judge wants panel to probe his porn postings

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a preliminary injunction against the US-based anti-whaling group

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In 2012, after prosecutors used similar tactics in another case,

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United States court of appeals judges appointed by Ronald Reagan

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Litman, Leah; Murphy, Emily; Ku, Katherine H. (August 2, 2018).

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Does the American Criminal Justice System Need an Overhaul?

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An extended extract from the opinion is widely quoted:

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in 1982, serving as Chief of Trial Division that year.

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capitalist" when he took his first trip outside of the

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Jackson, Robert L.; Hager, Philip (November 8, 1985).

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should no longer be used. He advocated the use of the

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In May 2017, Kozinski wrote for the narrowly divided

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Law clerks of the Supreme Court of the United States

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