Tuesday, October 6, 2020

Jenkins and more

 Today's DJ has Jenkins says 'here because of the struggle' for gay rights:

  • "I am not here in spite of the struggle. I'm here because of the struggle. It has deepened my character, afforded me sensibilities about the world and about people who are not so willing to accept that people can love differently than they do but nevertheless love sincerely and genuinely," he said.
  • Jenkins will replace Justice Ming W. Chin, who retired Aug. 31. Jenkins would be the third Black man to serve on the court. Chin told the Daily Journal on Monday Jenkins will be "an absolutely terrific justice." He added, "It's been a long time coming. I cannot think of a better person." Chin said about 14 candidates were considered. He noted that his career and Jenkins' careers have long run in parallel. His daughter, Jennifer Chin, clerked for Jenkins when he was on the federal bench. "We went to the same law school," Chin said. "We were on the same trial court. We were actually on the same division on the Court of Appeal. I was there before him in all these places but Marty and I have been good friends for a long, long time."

The DJ also profiles former 9th Circuit mediator Lisa Jaye in Fast and Flexible.
  • "I thought I would be at the court five years," she said. Instead, Jaye stayed from 1998 to 2016, when she formed her own mediation firm. She joined JAMS in April 2018, where she has a new mediation partner, former Marin County Superior Court Judge Lynn Duryee.
And this month's Exceptionally Appealing column explores the meaning of the names of many California justices of German heritage, in Sprechen Sie Deutsch.

On the caselaw front, here's a nice line (fn.2) from Beds about strategically omitting evidence in summary judgment papers: "Litigants are well-advised not to hide the ball from the trial court on summary judgment. Sooner or later, someone will find it."

Another footnote zinger today from 4/1 is here (fn.3): "Though we have considered the amicus brief, we found it unhelpful as largely duplicative of [petitioner]'s writ petition."