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On Sexual Harassment in the Judiciary
University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2020 On Sexual Harassment in the Judiciary Leah Litman University of Michigan Law School, [email protected] Deeva Shah Keker, Van Nest & Peters Available at: https://repository.law.umich.edu/articles/2182 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Civil Rights and Discrimination Commons, Courts Commons, Judges Commons, Law and Gender Commons, and the Legal Profession Commons Recommended Citation Litman, Leah. "On Sexual Harassment in the Judiciary." Deeva Shah, co-author. Nw. U. L. Rev. 115, no. 2 (2020): 599-645. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. Copyright 2020 by Leah Litman & Deeva Shah Printed in U.S.A. Vol. 115, No. 2 Essay ON SEXUAL HARASSMENT IN THE JUDICIARY Leah M. Litman & Deeva Shah ABSTRACT—This Essay examines the legal profession’s role in sexual harassment, particularly in the federal courts. It argues that individuals in the profession have both an individual and collective responsibility for the professional norms that have allowed harassment to happen with little recourse for the people subject to the harassment. It suggests that the legal profession should engage in a sustained, public reflection about how our words, actions, attitudes, and institutional arrangements allow harassment to happen, and about the many different ways that we can prevent and address harassment. -
Judicial Ethics in the #Metoo World
JUDICIAL ETHICS IN THE #METOO WORLD Renee Knake Jefferson* This Article examines the judicial role in professional ethics regulation through the lens of the judiciary’s own self-governance on sexual misconduct. The #MeToo movement exposed the long-enduring silence of the courts. Headlines featured judges like Alex Kozinski, who retired from the Ninth Circuit in 2018 after numerous former clerks went to the media with credible allegations of sexual misconduct. In 2019, at the instruction of Chief Justice Roberts, the federal judiciary amended the Code of Conduct for United States Judges to make clear that misconduct includes unwanted, offensive, or abusive sexual conduct and to include protections for those who report such behavior. But many argue the reforms do not go far enough. Congress, in the wake of media outcries, held hearings in early 2020. The judiciary’s tepid response holds consequences not only for the judges and the survivors of sexual misconduct but also for the legal profession as a whole. Leaving meaningful #MeToo remedies to journalists and lawmakers threatens judicial independence; it sets a precedent that could influence further intervention into other areas of professional conduct governance that is traditionally reserved for the courts. After offering additional reforms for addressing sexual misconduct in the judiciary, this Article concludes by reflecting on lessons that can be drawn about the judicial role in professional ethics regulation more broadly. * Doherty Chair in Legal Ethics and Professor of Law, University of Houston Law Center. This Article was prepared for the Colloquium entitled The Judicial Role in Professional Regulation, hosted by the Fordham Law Review and the Stein Center for Law and Ethics on October 9, 2020, at Fordham University School of Law. -
Judicial Ethics in the #Metoo World
Fordham Law Review Volume 89 Issue 4 Article 6 2020 Judicial Ethics in the #MeToo World Renee Knake Jefferson Doherty Chair in Legal Ethics and Professor of Law, University of Houston Law Center Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Renee Knake Jefferson, Judicial Ethics in the #MeToo World, 89 Fordham L. Rev. 1197 (2021). Available at: https://ir.lawnet.fordham.edu/flr/vol89/iss4/6 This Colloquium is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. JUDICIAL ETHICS IN THE #METOO WORLD Renee Knake Jefferson* This Article examines the judicial role in professional ethics regulation through the lens of the judiciary’s own self-governance on sexual misconduct. The #MeToo movement exposed the long-enduring silence of the courts. Headlines featured judges like Alex Kozinski, who retired from the Ninth Circuit in 2018 after numerous former clerks went to the media with credible allegations of sexual misconduct. In 2019, at the instruction of Chief Justice Roberts, the federal judiciary amended the Code of Conduct for United States Judges to make clear that misconduct includes unwanted, offensive, or abusive sexual conduct and to include protections for those who report such behavior. But many argue the reforms do not go far enough. Congress, in the wake of media outcries, held hearings in early 2020. -
Chapter 2 Qualifications for the Job
Table of Contents Chapter 1 The Lay of the Land ...................................................................................................... 3 A. Introduction ...................................................................................................................... 3 B. The Downturn in Law Faculty Hiring .............................................................................. 3 C. Types of Academic Positions ........................................................................................... 3 D. Clinical Teaching ............................................................................................................. 6 E. The Market ....................................................................................................................... 7 F. Salary ................................................................................................................................ 8 Chapter 2 Qualifications for the Job .......................................................................................... 8 A. Clerkships and Law School Credentials .......................................................................... 8 B. Publications ...................................................................................................................... 9 C. Teaching Experience ........................................................................................................ 11 D. Recommendations ........................................................................................................... -
On Sexual Harassment in the Judiciary
Copyright 2020 by Leah Litman & Deeva Shah Printed in U.S.A. Vol. 115, No. 2 Essay ON SEXUAL HARASSMENT IN THE JUDICIARY Leah M. Litman & Deeva Shah ABSTRACT—This Essay examines the legal profession’s role in sexual harassment, particularly in the federal courts. It argues that individuals in the profession have both an individual and collective responsibility for the professional norms that have allowed harassment to happen with little recourse for the people subject to the harassment. It suggests that the legal profession should engage in a sustained, public reflection about how our words, actions, attitudes, and institutional arrangements allow harassment to happen, and about the many different ways that we can prevent and address harassment. AUTHORS—Leah M. Litman is an assistant professor of law at the University of Michigan Law School. She clerked for two years and has advised students about clerkships. Deeva Shah is an associate at Keker, Van Nest & Peters. She clerked for two years after graduating from the University of Michigan Law School. She has advised numerous state and federal courts on improving the policies and processes governing inappropriate conduct in the workplace. She is also a board member of Law Clerks for Diversity, a structured mentorship program to increase diversity in federal clerkships. The authors thank Gautam Hans, Veronica Root Martinez, Don Herzog, and Erin Chapman for helpful comments and conversations. 599 N O R T H W E S T E R N U N I V E R S I T Y L A W R E V I E W INTRODUCTION ........................................................................................................... -
An Alternative View of Immigrant Exceptionalism, Particularly As It Relates to Blacks: a Response to Chua and Rubenfeld
An Alternative View of Immigrant Exceptionalism, Particularly As It Relates to Blacks: A Response to Chua and Rubenfeld Eleanor Marie Lawrence Brown* The contrast between Amy Chua and Jed Rubenfeld’s The Triple Package (Chua & Rubenfeld 2.0) and Chua’s previous work, World on Fire (Chua 1.0), is striking. Chua & Rubenfeld 2.0 contends that particular ethnic and religious groups are spectacularly successful in the United States because of a “triple package” of traits that are largely cultural; however, there is nary a word in Chua & Rubenfeld 2.0 about the role that law might play in contributing to wealth acquisition among the subject groups. In contrast, Chua 1.0 clearly acknowledges the role of law through “law-in-culture” when accounting for the wealth of those whom Chua calls “market- dominant minorities.” “Law-in-culture” consists of binding rules, such as default contract terms, that often underlie market relations in perilous “third world” environments. While these rules are not enforceable by the state, they are powerful because those who ignore them risk ostracism by their co-ethnics, with whom they often contract. Perhaps because Chua & Rubenfeld 2.0 focuses on particular ethnic groups within the United States—a country that epitomizes the protection of property and contract rights—it overlooks the potential role of “law-in-culture” in accounting for wealth acquisition of particular groups. This oversight is significant. Many of the subject Copyright © 2015 Eleanor Marie Lawrence Brown. * George Washington Institute of Public Policy Fellow and Associate Professor of Law, George Washington University Law School; J.D., Yale Law School (1999); M.Phil. -
Law School 2003–2004 Uut1,20 Aelwschool Law Yale 2003 10, August
bulletin of yale university Periodicals postage paid bulletin of yale university New Haven ct 06520-8227 New Haven, Connecticut Yale Law School 2003–2004 August 10, 2003 Yale Law School bulletin of yale university Series 99 Number 8 August 10, 2003 Bulletin of Yale University The University is committed to basing judgments concerning the admission, education, and employment of individuals upon their qualifications and abilities and affirmatively Postmaster: Send address changes to Bulletin of Yale University, seeks to attract to its faculty, staff, and student body qualified persons of diverse back- PO Box 208227, New Haven ct 06520-8227 grounds. In accordance with this policy and as delineated by federal and Connecticut law, Yale does not discriminate in admissions, educational programs, or employment against PO Box 208230, New Haven ct 06520-8230 any individual on account of that individual’s sex, race, color, religion, age, disability, Periodicals postage paid at New Haven, Connecticut status as a special disabled veteran, veteran of the Vietnam era, or other covered veteran, or national or ethnic origin; nor does Yale discriminate on the basis of sexual orientation. Issued sixteen times a year: one time a year in May, November, and December; two University policy is committed to affirmative action under law in employment of times a year in June and September; three times a year in July; six times a year in August women, minority group members, individuals with disabilities, special disabled veterans, veterans of the Vietnam era, and other covered veterans. Managing Editor: Linda Koch Lorimer Inquiries concerning these policies may be referred to the Director of the Office for Editor: David J.