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Record W202267463

The Real Issues of Judicial Ethics

2003· article· en· W202267463 on OpenAlexaboutno aff
Alex Kozinski

Bibliographic record

VenueeYLS (Yale Law School) · 2003
Typearticle
Languageen
FieldSocial Sciences
TopicLegal Education and Practice Innovations
Canadian institutionsnot available
Fundersnot available
KeywordsAppearance of improprietyLawAppealJokeQuarter (Canadian coin)MagistratePolitical scienceLegal ethicsEconomic JusticeSociologyPhilosophyHistory
DOInot available

Abstract

fetched live from OpenAlex

The Canons of Judicial Ethics remind me of the old joke about the drunk who's crawling around on all fours under a lamp-post one night.A policeman comes along and asks him his business and the drunk explains that he's looking for a lost quarter.So the policeman offers to help and pretty soon they're both crawling around looking for the coin.After about a half hour of this, the policeman gets fed up and asks: "Are you sure you lost the quarter around here?" "Oh, no," answers the drunk, "I dropped it over in the alley, but it's too dark to look there."So, too, it is with the Canons of Judicial Ethics.The Canons focus on the tensions and potential conflicts that are most easily detected by an outside observer.For example, pretty much everyone agrees that a judge should not sit in judgment on a case on appeal if he participated in the decision below.'Similarly, everyone agrees that a judge may not sit in judgment in a case where he participated as a party or a lawyer.2 Of course, those are just two of the most obvious examples; we have plenty of rules and precedents saying that a judge may not participate in a case where doing so would create the appearance of impropriety.I should mention at the outset that I'm not a fan of this approach to judicial ethics, nor do I believe that it's necessary or inevitable.Take the two examples I've given.As you will recall, in the early days of the Republic the justices rode circuit, and some of the cases they heard in * Judge, United States Court of Appeals for the Ninth Circuit. 1. See MODEL CODE OF JUDICIAL CONDUCT Canon 3(E)(1)(a) (1990).2. See id.Canon 3(E)(1)(b) (former lawyer), Canon 3(E)(l)(d)(i)-(ii) (party and current lawyer).

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.021
metaresearch head score (Gemma)0.043
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Commentary · Consensus signal: Commentary
Teacher disagreement score0.022
Threshold uncertainty score0.113

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0210.043
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.001
Science and technology studies0.0140.064
Scholarly communication0.0220.016
Open science0.0020.006
Research integrity0.0140.023
Insufficient payload (model declined to judge)0.0070.002

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.059
GPT teacher head0.397
Teacher spread0.338 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreCommentary

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations12
Published2003
Admission routes1
Has abstractyes

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