Wednesday, January 21, 2004

The Ninth Circus

Judges occupy an exalted status in the American legal system. Because judges have so much discretion in interpreting the law and their opinions influence future decisions (precedent or in legalese, stare decisis), law students spend most of the time reading judicial opinions --and not statutes-- to learn what the law is. After the first few months, you start to find out which judges are your favorites and read their opinions with the same delight as you would reading fiction by your favorite author.

Alex Kozinski is definitely going to be on my list. A wacky judge on the Ninth Circuit, Kozinski is known for taking his law clerks paintballing and snowboarding and signing e-mails as "The Easy Rider." He's also earned a reputation for his unconventional opinion writing.

“It is wrong to use some constitutional provisions as springboards for major social change," he wrote, "while treating others like senile relatives to be cooped up in a nursing home until they quit annoying us.”

Legal Affairs has a wonderful profile which also provides a detailed look at how the criminal justice system works.

It's much better than the criminal justice reading I'm supposed to be doing now....

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