May 01, 2018 Substantive Law

Courts and the Profession Policing Sexual Harassment Internally

By Lauren M. Gregory

Reprinted with permission from Litigation News, Spring 2018 (43:3), at 4-5. ©2018 by the American Bar Association. Reprinted with permission. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

Sexual harassment is being reported everywhere—including within the legal industry. Ninth Circuit Judge Alex Kozinski’s resignation in the wake of sexual harassment claims from his former clerks led to a revision of the federal Law Clerk Handbook to clarify that confidentiality rules in chambers do not prevent reporting of “misconduct, including sexual or other forms of harassment, by their judge or any person.” Meanwhile, in his2017 Year-End Report on the Federal JudiciaryU.S. Supreme Court Chief Justice John Roberts called for an evaluation of how the judicial branch handles sexual harassment allegations.

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