but I also wanted--indeed I felt I needed--the status that came along with a Supreme Court clerkship in order to obtain the kind of job offers I would be seeking after finishing my clerkships. Two of my other mentors at law school
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Judge Bazelon came storming out of his office holding a paper and not smiling. I knew that he got advance notice of the bar results and I thought that he was coming to tell me I had flunked. Instead he shouted
one can only imagine how shocked I was when Judge Bazelon came back to the office from a lunch at the White House in mid-October and told his entire staff
especially those involving defendants who could not afford an adequate defense and those with serious mental illnesses. He would ask his clerks to scour the records of cases—even those not assigned to him—for evidence of injustice. He told me that most indigent defendants—and m...
he always presided and got to assign the opinion to one of the three judges on a panel (or nine when on rare occasions the entire court heard the case “en banc”). Following the oral argument
the clerks would prepare bound volumes of all the opinions we worked on during our clerkship. One was given to the judge and the others to us
who had been appointed to Represent Gideon. (My friend John Hart Ely was working for the Fortas firm during the summer the briefs were being prepared and I reviewed and edited several drafts with John.) Bazelon’s opinions—more often dissents than majority—had established the co...
perhaps even a Justice. I never had any interest in wearing a robe since judging requires the kind of passivity that is not suitable to my temperament. I was surprised that Justice Goldberg was so insistent since he himself had left the bench after only 3 years. I don’t think...
but her contracts teacher gave her a D. She came to me upset about her D grade and asked me to read her exam. I read it and it was clearly of A quality. I was sure that her contracts professor had simply made a transcription error and so I went to his office to discuss it. He...
a challenge to the constitutionality of a state statute could be brought in front of a three judge district court with the right to appeal its ruling directly to the Supreme Court. The criteria for bringing such a challenge
suggesting that the Stanley decision wasn’t relevant to a movie theater. He told me about his grandmother who “once went to a movie entitled Sur Les Troits de Paris. She thought it was a travelogue. She didn’t after she got there of course…I heard about it.” I assured him tha...
I was reminded of the old Jewish joke about the man with the broken watch who goes into a storefront window and asks the man behind the counter to fix his watch. “I don’t fix watches. I perform circumcisions
the judges would not have to view the film. Judge Aldrich immediately interjected: “Are you trying to bribe us to decide the case so we don’t have to see the film?...I will admit that’s the best bribe I have ever been offered.”
the three judges issued a decision written by Judge Aldrich. He bought my argument totally. He began by accepting my assumption about the nature of the film:
it decided the case on a narrow procedural ground. We eventually settled the case to the advantage of the defendants. The film was shown throughout the country and no one went to prison. Judge Aldrich’s opinion