Alex Kozinski – Overlawyered

Crime and punishment roundup

Walter Olson — Thu, 14 Apr 2016 04:05:22 +0000

Judges generally aren’t supposed to jail defendants over petty fines and fees they’re unable to pay, but many do anyway. How one Texas judge resists [Ed Spillane, Washington Post]
Maryland legislature passes amended version of asset forfeiture bill I spoke favorably of at Annapolis press event in January [Tenth Amendment Center, background]
Child services hair-sample forensics: “This Canadian Lab Spent 20 Years Ruining Lives” [Tess Owen, Vice]
Cato’s 1995 Handbook for Congress urged repeal of Clinton crime bill, but Congress didn’t listen [Tim Lynch, Newsweek and more]
“The main thing going through my head was, ‘I’m never going to get a job again.’” Public shaming as punishment [Suzy Khimm, The New Republic]
Judge Alex Kozinski publicly names prosecutors in Washington state he thinks may have violated a defendant’s rights [Matt Ferner, HuffPo]

Tags: Alex Kozinski, Canada, Child Protective Services, forensics, forfeiture, Maryland, petty fines and fees

Crime and punishment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Kozinski vs. Wilkinson on criminal justice reform

Walter Olson — Mon, 14 Dec 2015 05:15:40 +0000

How can you resist a debate between two of the nation’s most distinguished federal appeals judges — Alex Kozinski of the Ninth Circuit and J. Harvie Wilkinson III of the Fourth — moderated by Tim Lynch? [more; coverage, Jacob Gershman, WSJ]

P.S. More on Judge Kozinski’s recent ideas on criminal justice reform (sample: let defendants choose jury or bench trial, study exonerations in depth, go after bad prosecutors) from Eugene Volokh and Radley Balko.

Tags: Alex Kozinski, Cato Institute, crime and punishment, juries, prosecutorial abuse

Kozinski vs. Wilkinson on criminal justice reform is a post from Overlawyered - Chronicling the high cost of our legal system

“Judge Kozinski: Time to Rein in Prosecutors”

Walter Olson — Thu, 02 Jul 2015 09:42:26 +0000

“In the latest issue of Georgetown Law Journal, Judge Alex Kozinski of the Ninth U.S. Circuit Court of Appeals turns a critical gaze toward America’s criminal justice system. …one of [the essay’s] major themes is prosecutorial advantage, both in federal and state courtrooms.” Among his topics: judges’ and federal authorities’ reluctance to name or charge misbehaving prosecutors. He thinks the U.S. Department of Justice should drop its opposition to “a bill proposed by Republican Sen. Lisa Murkowski of Alaska in 2012 — called the Fairness in Disclosure of Evidence Act — that would require federal prosecutors to disclose any evidence ‘that may reasonably appear to be favorable to the defendant in a criminal prosecution.'” (The Department currently follows a less demanding standard on disclosure of adverse evidence). Kozinski also “favors abolishing state judicial elections, among other recommendations.” [Jacob Gershman, WSJ Law Blog; Alex Kozinski, “Preface,” Georgetown Law Journal Annual Review of Criminal Procedure 2015]

Tags: Alex Kozinski, Department of Justice, forensics, judicial elections, prosecution, prosecutorial abuse

“Judge Kozinski: Time to Rein in Prosecutors” is a post from Overlawyered - Chronicling the high cost of our legal system

“Our now ironically named Department of Justice”

Walter Olson — Fri, 05 Sep 2014 10:15:26 +0000

On July 24 Cato held a book forum on Sidney Powell’s new book, “Licensed to Lie: Exposing Corruption in the Department of Justice” (earlier). Participants included the author Sidney Powell, with comments by Alex Kozinski, Chief Judge, U.S. Court of Appeals for the Ninth Circuit; and Ronald Weich, Dean, University of Baltimore Law School. My colleague Tim Lynch, who directs Cato’s work on criminal justice issues, moderated. From the description:

In Licensed to Lie, attorney Sidney Powell takes readers through a series of disturbing events, missteps, and cover-ups in our federal criminal justice system. According to Powell, the malfeasance stretches across all three branches of our government — from the White House to the U.S. Senate, to members of the judiciary. Even worse, the law itself is becoming pernicious. Americans can now be prosecuted, convicted, and imprisoned for actions that are not crimes. And if acquitted, there is no recourse against prosecutors who hid evidence vital to the defense.

Powell gives a detailed account of the prosecution and imprisonment of individual executives of well-known firms such as Merrill Lynch based on creative new theories of criminal liability, following dubious prosecutorial conduct including the withholding of evidence favorable to the defense, so-called Brady violations.

Tags: accounting, Alex Kozinski, Department of Justice, prosecutorial abuse, Wall Street

“Our now ironically named Department of Justice” is a post from Overlawyered - Chronicling the high cost of our legal system

July 29 roundup

Walter Olson — Tue, 29 Jul 2014 04:05:30 +0000

Say nay, laddie: Unsettling new Scotland law will assign each child state interest guardian (“named person”) [BBC, Scottish government, more, Josie Appleton/Spiked Online, opposition group and another] More: Skenazy.
Why Judge Alex Kozinski doesn’t like jury nullification [Reason interview last year]
“Asbestos Ruling Boosts Transparency —- and Threatens Plaintiffs’ Attorneys” [Paul Barrett, Business Week, on Garlock ruling]
Winona, Minn. town cap on rental conversions violates property owners’ rights [Ilya Shapiro, Cato]
Challenger claims Ohio attorney general’s hiring of debt collection firms amounts to pay to play [Columbus Dispatch]
Mixed verdict in Philadelphia traffic court prosecutions [Inquirer, ABA Journal, earlier]
Save the date! Cato’s annual Constitution Day returns Wed., Sept. 17, with panelists and speakers like P.J. O’Rourke, Nadine Strossen, Tom Goldstein, Judge Diane Sykes, Roger Pilon, and a host of others [details]

Tags: Alex Kozinski, asbestos, attorneys general, Child Protective Services, jury nullification, Ohio, Philadelphia, Scotland, traffic laws

July 29 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Police and prosecution roundup

Walter Olson — Tue, 17 Dec 2013 04:05:30 +0000

Follow the federal funding: “Stop giving out awards for arrests” [Andrew Sullivan]
NYC cops shoot at mentally disturbed man, hit bystanders instead, charge him with their injuries [Scott Shackford, Popehat]
Electric car owner charged with stealing 5 cents worth of power [Chamblee, Ga.: WXIA, auto-plays]
Claims re: sex trafficking in US fast spiraling into absurdity. Keep going [Maggie McNeill, earlier] “Perverse Incentives: Sex Work and the Law” [Cato Unbound symposium] “California to Open Victim Compensation Funds to Prostitutes” [Shackford]
Illegal ticket quotas at the LAPD, inmate beatings at the county sheriff’s jail: Los Angeles policing hit by multiple scandals [L.A. Times: editorial on charges against 18 sheriff’s deputies, LAPD ticket quota]
Massachusetts crime lab test faker Annie Dookhan gets 3-5 year sentence [ABA Journal]
“Overcriminalization in the states” [Vikrant Reddy, Texas Public Policy Foundation, draft; related Mother Jones] Conservatives call for reforms in New Mexico justice system [Rio Grande Foundation via @PatNolanPFM]
Also: “Chief Judge For 9th Circuit [Alex Kozinski] Cites ‘Epidemic’ Of Prosecutor Misconduct” [Radley Balko]

Tags: Alex Kozinski, Los Angeles, Massachusetts, New Mexico, NYC, police, prosecutorial abuse, trafficking

Police and prosecution roundup is a post from Overlawyered - Chronicling the high cost of our legal system

“For mortals living means lying”

Walter Olson — Sun, 09 Jun 2013 12:59:34 +0000

Judge Kozinski catalogues the reasons people fib [Bruce Schneier]

Tags: Alex Kozinski

“For mortals living means lying” is a post from Overlawyered - Chronicling the high cost of our legal system

Environment roundup

Walter Olson — Fri, 01 Mar 2013 11:06:11 +0000

Judge Kozinski, writing for Ninth Circuit panel, declares Sea Shepherd Conservation Society’s harassment of whaling ships to fall under piracy law as covered by international treaty [Trial Insider, Julian Ku, Kevin Jon Heller, Eugene Kontorovich and more and yet more, SSCS’s black skull flag via Wikipedia]
California Assemblyman Mike Gatto [D-Silver Lake] introduces AB 227, which would reform notorious Prop 65 by giving business 14 days to fix lack of warning before entitling lawyer to bounty [his blog, Dem caucus, Burbank Leader]
Unintended, unsanitary consequences of plastic bag bans (Ramesh Ponnuru/ Bloomberg) And theft too? [Seattle Times]
Writer who joined the circus for several days reports on Ringling Bros. elephant controversy: [Bill McMorris/Washington Free Beacon (quotes me), earlier]
Study finds new CAFE fuel economy standards far less efficient than taxes in promoting conservation [Alex Tabarrok]
Now Mark Bittman is being alarmist about cosmetics [ACSH, background]
Overcriminalization looms large for Gulf Coast outdoor businesses, says TPPF’s Vikrant Reddy [FoxNews]

Tags: Alex Kozinski, animal rights, CAFE, cosmetics, environment, Mark Bittman, Prop 65

Environment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

January 6 roundup

Walter Olson — Sun, 06 Jan 2013 12:26:25 +0000

U.S. v. I.E.V.: “Annals of Tremendously Entertaining Alex Kozinski Opinions” [Kyle Graham] Judge Kozinski on video [Above the Law]
FTC drops Google antitrust probe [Eric Goldman, James Grimmelmann, Geoffrey Manne, earlier here, here]
Andrew Trask picks 2012’s ten most significant class action cases and interesting class action articles;
“I’m quite certain no adults need Patrick Kennedy – of all people – dictating what substances they’re allowed to consume.” [Glenn Greenwald]
U.S. Chamber annual worst-lawsuits list [and DC Examiner editorial] Family of Little League teen sued by spectator hit by ball is grateful for public support [Manchester, N.J. Patch, earlier]
“Boy, 6, suspended from Silver Spring school for pointing finger like a gun” [WaPo, followup (school reverses), Tim Lynch/Cato] Lenore Skenazy nominates the craziest Free-Range stories of 2012;
Toyota’s $1.1 B class action pact will encourage future shakedowns [Michael Krauss/PoL, Public Citizen]

Tags: Alex Kozinski, class actions, Federal Trade Commission, Google, Little League, Toyota

January 6 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Disabled rights roundup

Walter Olson — Tue, 18 Dec 2012 04:07:10 +0000

More reactions, besides mine, to Senate’s non-ratification of U.N. disabled-rights treaty [Hans Bader, NYT Room for Debate including notably David Kopel’s, Julian Ku (“Support Ratification of the Convention on the Rights of Persons with Disabilities Because It Doesn’t Do Anything!”), Tyler Cowen (keep powder dry for bigger ratification battles), Peter Spiro (proposes end run around Senate)] More, Sept. 2013: Eric Voeten, Monkey Cage and more (dismissing as insignificant U.N. committee reports criticizing countries for alleged violations because “these reports can be and often are ignored,” and accusing treaty critics of being mere “conservative fantasists” because they take at their word their counterpart “liberal fantasists” who expect and welcome erosion of U.S. autonomy in domestic policy.)
As Department of Justice rolls out Olmstead settlements to more states, battles continue between disabled rights advocates seeking closure of large congregate facilities and family members who fear mentally disabled loved ones will fare worse in “community” settings [Philadelphia City Paper via Bagenstos, NYT on Georgia, earlier, more background] More, Sept. 2013: And here’s someone claiming that I’ve got it all wrong, Olmstead has already pre-settled whatever claims to a right-to-care might reasonably be asserted under CRPD. I don’t think so.
“Utilityman can’t climb utility poles, but has ADA claim against utility company” [Eric Meyer]
Kozinski: Disney “obviously mistaken” in arguing against use of Segway by disabled visitors [Sam Bagenstos; related, Walt Disney World, Eleventh Circuit]
Wendy’s franchisee agrees to pay $41,500 in EEOC settlement after turning away hearing-impaired cook applicant [EEOC]
California enacts compromise bill aimed at curtailing ADA filing mills [Sacramento Bee, LNL]
“Train your managers and supervisors never to discuss employees’ medical issues.” [Jon Hyman]

Tags: ADA filing mills, Alex Kozinski, disabled rights, Disney, international human rights, international law, restaurants, utilities, workplace

Disabled rights roundup is a post from Overlawyered - Chronicling the high cost of our legal system