"I want greater honesty regarding judicial clerkships. Law students are often told in glowing terms that a clerkship will be the best year in their career."

"They are never told that it might, in fact, be their worst—and that if it is their worst, they may be compelled to lie to others in the name of loyalty to their judge. I also want law schools to start giving our best and brightest students accurate advice about clerkships. Students are often told that if they receive a clerkship offer from a judge, they must say 'yes' without hesitation. I cannot imagine a situation more rife for abuse. Students should feel free to say no to any judge who triggers their discomfort for any reason."

That's one of 4 proposals at the end of the compelling narrative written by Heidi Bond (AKA Courtney Milan), which is the background to "Prominent appeals court Judge Alex Kozinski accused of sexual misconduct" (Washington Post). I had not seen Bond's full statement when I wrote about the WaPo article 2 days ago, and if the link is in there, I'm still not seeing it. I got the link from Paul Campos at Lawyers, Guns, and Money, who begins "Heidi Bond’s account of her interactions with Alex Kozinski needs to be read in full...." I agree. Please read the whole thing. It made a very different impression on me than the WaPo article... and from the things Paul Campos goes on say.

Here's Campos:

It’s important to recognize that men like Kozinski — and there are obviously a lot of them in our society — are sadists. That is, they get off, metaphorically and no doubt literally, on being cruel to people who are relatively powerless. Power, sex, domination, hierarchy, cruelty — it’s all mixed up for these guys. They are bullies and perverts, and they are everywhere.

Before taking the time to read Bond's direct account, I was inclined to say that I agree with the generality about some men, but didn't think it was fair to conclude that Kozinski belonged in that category and that we should only be saying that he might and that we only know what Heidi Bond says happened and how it made her feel. It's some evidence, and even if we take it as true, we still need to make an inference to get to Kozinski's mental state. It seemed wrong and unfair for Campos to present that inference as a known fact.

But now I want to step back from a critique of the Campos rhetoric and direct you to Bond's excellent narrative. To encourage you to read Bond, let me extract the part that relates to her career path into writing romance novels:

[O]ne day, my judge found out I had been reading romance novels over my dinner break... Romance novels, he said, were a terrible addiction, like drugs, and something like porn for women, and he didn’t want me to read them any more. He told me he wanted me to promise to never read them again.

“But it’s on my dinner break,” I protested.

He laid down the law—I was not to read them anymore. “I control what you read,” he said, “what you write, when you eat. You don’t sleep if I say so. You don’t shit unless I say so. Do you understand?”

There was nothing to say but this: “Yes, Judge.”...

After the clerkship:

In a private act of defiance, I didn’t just read romance novels—I began to write them. I wrote dozens of books where my characters had secrets that they could not tell. The secret varied—sometimes a heroine kept it; sometimes it was the hero.

I wrote books where women won, again and again.

I grappled with my own secret in fictional, changed form. Book after book, I wrote the happy ending I couldn’t quite reach myself. That the stories I wrote resonated with readers, I think, speaks to the fact that #metoo has been building for centuries.....