Academic

Ever Have a Ninth Circuit Case Involving Sex or Gender Issues?

By David S. Cohen

Or even one with a female litigant? And was one of the panel members Judge Alex Kozinski? Well, if so, this story must make you question whether you got a fair shake. As detailed in several news outlets (and apparently held by others because they thought it wasn’t newsworthy), he kept a collection of misogynist digital images and videos on a public website (that he claims he didn’t realize was public). There’s much that’s disturbing about this story, but I think Kaimi Wenger hits the nail on the head with his musings over at Concurring Opinions:

From the descriptions, these seem like images that could be potentially disturbing to more than just sexual puritans. Franky, the collection as set out by the LAT sounds like a deliberate and conscious aggregation of misogynist images.

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At this point, I have to suspect that former litigants in cases that were before Judge Kozinski are asking themselves, “was my case impacted by the judge’s porn habits?”

Wouldn’t you be? Let’s say you had a sex harassment case, obscenity case, privacy case, rape case — hell, all sorts of potentially related topics — before the judge. Wouldn’t you be wondering how the judge’s personal habits affected the outcome — and whether you could re-open that can of worms?

Or for that matter, if your female client lost her case: Is it because the judge hates women? Is it because he’s a misogynist who thinks women are like cows?

- David S. Cohen

Full post as published by Feminist Law Professors on June 12, 2008 (boomark / email).