Harvard, Yale and Stanford Law Students Chide Judiciary Over Its Handling of Sexual Misconduct
Law student groups from Yale, Stanford and Harvard cite the "slow progress" by the federal judiciary in effectively addressing the problem.
February 24, 2020 at 12:08 PM
3 minute read
|
Students from the top three law schools in the country are pushing the federal judiciary to step up its efforts to combat sexual misconduct by judges, saying they are "frustrated by the slow progress" achieved since the problem came to national attention in 2017.
A coalition of law student groups from Harvard, Yale and Stanford sent a letter Feb. 24 to U.S. Supreme Court Chief Justice John Roberts and the chief judges of the country's 13 federal appellate courts that urges the judiciary to bolster its mechanisms for judicial clerks and other court employees to report misconduct, and to adopt a more uniform process to collect data on harassment and make it available to the public and to law schools.
"We write on behalf of law students who believe that the federal judiciary has responded inadequately to widespread misconduct and are concerned that the judiciary is not a safe working environment," the letter reads.
It was signed by the Harvard Women's Law Association; Stanford Law School for Gender Violence Prevention; Women of Stanford Law; Yale Law Women; and the Yale Law School Title IX Working Group. The letter was also endorsed by the People's Parity Project, a student organization that started at Harvard Law but has since established chapters at six top law campuses.
The letter references the testimony of Olivia Warren, a former clerk for the late U.S. Court of Appeals for the Ninth Circuit Judge Stephen Reinhardt, who on Feb. 13 testified before a House Judiciary committee that the judge repeatedly harassed her throughout her 2017 clerkship. The movement to confront sexual misconduct by federal judges got underway in 2017, when former Ninth Circuit Judge Alex Kozinski retired amid allegations of sexual harassment. But the problem is not limited to those jurist, and the students wrote that the unique relationship between judges and clerks—with a significant imbalance of power—makes clerks particularly vulnerable.
"The unique closeness of a chambers environment, the early career stage of most law clerks, the importance of clerking relationships to future employment, and the opaqueness of available remedies have made law clerks extremely reluctant to report misconduct," the student letter reads.
The letter recommends several key changes by the federal judiciary. Among them:
- The judiciary should establish a uniform set of questions on misconduct for surveys of clerks and court employees, even if circuit courts conduct such surveys independently. Data on judicial misconduct should be available to the public and reported in a standardized way.
- The newly created Office of Judicial Integrity should serve as a centralized reporter of data on misconduct and serve as a place for clerks and court employees to report misconduct, as they may fear retaliation should they report problems to their own circuits.
- Both the Office of Judicial Integrity and the circuits themselves should share information about judicial misconduct with law schools, which serve as conduits for judicial clerks.
"This is not the first step to address misconduct, and it won't be the last," said Yale Law student Anna Kaul, a member of the Yale Law Women, of the student letter. "We will continue to call for transparency and accountability to ensure that judicial employees are afforded the safety and respect that all workers deserve."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'What Is Certain Is Uncertainty': Patchwork Title IX Rules Face Expected Changes in Second Trump Administration
5 minute read'No Evidence'?: Big Law Firms Defend Academic Publishers in EDNY Antitrust Case
3 minute readLaw Firms Are Turning to Online Training Platforms as Apprenticeship Model Falters
'Substantive Deficiencies': Judge Grants Big Law Motion Dismissing Ivy League Price-Fixing Claims
3 minute readTrending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250