Whither Judge Kozinski’s Opinions?
I’m going on vacation tomorrow, so this will probably be my last post until 2018. With Judge Koziniski’s retirement today. I’m wondering how people feel about using his opinions in class. When I teach IP, I typically include a couple of his decisions in the syllabus. Should I not do that now that he’s resigned in disgrace? My inclination is not to make a change. The arguments in the cases can be evaluated independently. Judge Koziniski is not Judge Manton, who served on the Second Circuit decades ago and was later convicted of taking bribes. (Though Legal Realists at Yale used to use his opinions in those bribery cases as fodder for discussion.) Still, can I find other circuit opinions that can substitute for Judge Koziniski’s? Sure I can–he wasn’t a Supreme Court Justice. And maybe, eventually, I will.