Blindfolds Off: Judges On How They Decide-Paperback Edition
This important new book penetrates that veil of secrecy with thirteen interviews tape recorded in the chambers of the respective judges. The author, Mr. Joel Cohen, who practices at Stroock & Stroock & Lavan, LLP in New York, is a skillful and tenacious, though invariably courteous, interviewer. He has picked as the interviewees federal district judges who have presided in famous, publicity-attracting cases, cases most likely to challenge a judge’s fidelity to a passive, formalistic—which is to say traditional—mode of judicial decision making, and he has focused the interviews on those cases.

We learn a good deal about these judges. And one thing we learn is that judges, even when in the hands as it were of a skillful and persistent and unawed interviewer, are very reluctant to acknowledge a personal element in judging even in the most atypical and challenging case.

The book features selected specific, well known cases for the free-flowing dialogues which follow, from the thousands of cases to which these thirteen judges have been assigned. These are cases which have raised critical questions about justice, policy, precedent and the law and the way in which the currents and tides of their lives and of our ever-changing society have influenced those rulings.

You'll discover if the judges have been open, even aware, of what experiences have influenced their rulings, and where judges acknowledge awareness of these potential influences—of their “priors,” as Judge Posner would articulate it—are they fully candid, to themselves and others, about whether, and to what degree, it has informed their rulings? Or have they contrarily decided, after inwardly acknowledging the “awareness,” that they can or did fairly decide the case, so that they needn’t publicly reveal themselves?

If you are even remotely curious about how judges make decisions, this book provides some eye-opening interviews that will shed light on their decision-making process.

What Others Are Saying....

"In Blindfolds Off: Judges on How They Decide (American Bar Association), Joel Cohen doggedly strips the veil from the bloodless effigy of justice in 13 remarkably revealing interviews with federal jurists from New York and elsewhere. Mr. Cohen tactfully but tenaciously demonstrates his skills as a white-collar criminal defense lawyer with Stroock & Stroock & Lavan in a Q.-and-A. format punctuated by rare insight into the brainstorming process behind the proverbial blindfold."
-Sam Roberts, The New York Times

"Blindfolds Off is a surprising, fascinating and unusually candid examination of what judges think—told in their own words."
—Jeffrey Toobin, The New Yorker

"Joel Cohen’s brilliant book Blindfolds Off is an essential guide to one of the best kept secrets of our legal system: namely that it is we the public, rather than the judges, who are wearing the blindfolds. Judges make their decisions in secret, and the processes they use to decide are also secret. This book, which exposes these secrets, is an essential tool of democracy, visibility and accountability."
—Alan Dershowitz, Author of Taking the Stand: My Life in the Law

"Blindfolds Off takes a revealing and fascinating look at what judges bring to their cases and how they decide them. In no-holds-barred interviews—cross-examinations might be a better term—of federal judges about significant and highly controversial cases that came before them, the role of the judiciary is explored in an engaging and arresting manner."
—Floyd Abrams, Cahill Gordon & Reindel LLP

"Joel Cohen’s in-depth conversations with 13 federal judges who sat in leading, often headline, cases illuminates for readers, and perhaps even for the judges themselves, the logical and intuitive paths that judges take in reaching their decisions. In its methodology and lessons, the book is unique."
—Stephen Gillers, Elihu Root Professor of Law, New York UniversitySchool of Law

"As a former District Judge, reading Joel Cohen’s insightful Blindfolds Off was eye opening. Cohen interviewed 13 of my former colleagues, each of whom spoke with unanticipated candor in the face of sometimes forceful questioning. Their responses led to considerable introspection about the subtle, and not-so-subtle, influences on how I, myself, decided cases."
—Judge Richard J. Holwell (Ret., S.D.N.Y.), Holwell, Shuster & Goldberg LLP

"For every lawyer, law student and even judge who wonders what judges really think when deciding a case, this book will be a revelation. Cohen is a skillful and dogged interlocutor and his judges are surprisingly candid and realistic. Blindfolds Off gives you the opportunity to listen in on judicial thinking in one high profile case after another."
—Dahlia Lithwick, Slate.com

1143291223
Blindfolds Off: Judges On How They Decide-Paperback Edition
This important new book penetrates that veil of secrecy with thirteen interviews tape recorded in the chambers of the respective judges. The author, Mr. Joel Cohen, who practices at Stroock & Stroock & Lavan, LLP in New York, is a skillful and tenacious, though invariably courteous, interviewer. He has picked as the interviewees federal district judges who have presided in famous, publicity-attracting cases, cases most likely to challenge a judge’s fidelity to a passive, formalistic—which is to say traditional—mode of judicial decision making, and he has focused the interviews on those cases.

We learn a good deal about these judges. And one thing we learn is that judges, even when in the hands as it were of a skillful and persistent and unawed interviewer, are very reluctant to acknowledge a personal element in judging even in the most atypical and challenging case.

The book features selected specific, well known cases for the free-flowing dialogues which follow, from the thousands of cases to which these thirteen judges have been assigned. These are cases which have raised critical questions about justice, policy, precedent and the law and the way in which the currents and tides of their lives and of our ever-changing society have influenced those rulings.

You'll discover if the judges have been open, even aware, of what experiences have influenced their rulings, and where judges acknowledge awareness of these potential influences—of their “priors,” as Judge Posner would articulate it—are they fully candid, to themselves and others, about whether, and to what degree, it has informed their rulings? Or have they contrarily decided, after inwardly acknowledging the “awareness,” that they can or did fairly decide the case, so that they needn’t publicly reveal themselves?

If you are even remotely curious about how judges make decisions, this book provides some eye-opening interviews that will shed light on their decision-making process.

What Others Are Saying....

"In Blindfolds Off: Judges on How They Decide (American Bar Association), Joel Cohen doggedly strips the veil from the bloodless effigy of justice in 13 remarkably revealing interviews with federal jurists from New York and elsewhere. Mr. Cohen tactfully but tenaciously demonstrates his skills as a white-collar criminal defense lawyer with Stroock & Stroock & Lavan in a Q.-and-A. format punctuated by rare insight into the brainstorming process behind the proverbial blindfold."
-Sam Roberts, The New York Times

"Blindfolds Off is a surprising, fascinating and unusually candid examination of what judges think—told in their own words."
—Jeffrey Toobin, The New Yorker

"Joel Cohen’s brilliant book Blindfolds Off is an essential guide to one of the best kept secrets of our legal system: namely that it is we the public, rather than the judges, who are wearing the blindfolds. Judges make their decisions in secret, and the processes they use to decide are also secret. This book, which exposes these secrets, is an essential tool of democracy, visibility and accountability."
—Alan Dershowitz, Author of Taking the Stand: My Life in the Law

"Blindfolds Off takes a revealing and fascinating look at what judges bring to their cases and how they decide them. In no-holds-barred interviews—cross-examinations might be a better term—of federal judges about significant and highly controversial cases that came before them, the role of the judiciary is explored in an engaging and arresting manner."
—Floyd Abrams, Cahill Gordon & Reindel LLP

"Joel Cohen’s in-depth conversations with 13 federal judges who sat in leading, often headline, cases illuminates for readers, and perhaps even for the judges themselves, the logical and intuitive paths that judges take in reaching their decisions. In its methodology and lessons, the book is unique."
—Stephen Gillers, Elihu Root Professor of Law, New York UniversitySchool of Law

"As a former District Judge, reading Joel Cohen’s insightful Blindfolds Off was eye opening. Cohen interviewed 13 of my former colleagues, each of whom spoke with unanticipated candor in the face of sometimes forceful questioning. Their responses led to considerable introspection about the subtle, and not-so-subtle, influences on how I, myself, decided cases."
—Judge Richard J. Holwell (Ret., S.D.N.Y.), Holwell, Shuster & Goldberg LLP

"For every lawyer, law student and even judge who wonders what judges really think when deciding a case, this book will be a revelation. Cohen is a skillful and dogged interlocutor and his judges are surprisingly candid and realistic. Blindfolds Off gives you the opportunity to listen in on judicial thinking in one high profile case after another."
—Dahlia Lithwick, Slate.com

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Blindfolds Off: Judges On How They Decide-Paperback Edition

Blindfolds Off: Judges On How They Decide-Paperback Edition

by Joel Cohen
Blindfolds Off: Judges On How They Decide-Paperback Edition

Blindfolds Off: Judges On How They Decide-Paperback Edition

by Joel Cohen

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Overview

This important new book penetrates that veil of secrecy with thirteen interviews tape recorded in the chambers of the respective judges. The author, Mr. Joel Cohen, who practices at Stroock & Stroock & Lavan, LLP in New York, is a skillful and tenacious, though invariably courteous, interviewer. He has picked as the interviewees federal district judges who have presided in famous, publicity-attracting cases, cases most likely to challenge a judge’s fidelity to a passive, formalistic—which is to say traditional—mode of judicial decision making, and he has focused the interviews on those cases.

We learn a good deal about these judges. And one thing we learn is that judges, even when in the hands as it were of a skillful and persistent and unawed interviewer, are very reluctant to acknowledge a personal element in judging even in the most atypical and challenging case.

The book features selected specific, well known cases for the free-flowing dialogues which follow, from the thousands of cases to which these thirteen judges have been assigned. These are cases which have raised critical questions about justice, policy, precedent and the law and the way in which the currents and tides of their lives and of our ever-changing society have influenced those rulings.

You'll discover if the judges have been open, even aware, of what experiences have influenced their rulings, and where judges acknowledge awareness of these potential influences—of their “priors,” as Judge Posner would articulate it—are they fully candid, to themselves and others, about whether, and to what degree, it has informed their rulings? Or have they contrarily decided, after inwardly acknowledging the “awareness,” that they can or did fairly decide the case, so that they needn’t publicly reveal themselves?

If you are even remotely curious about how judges make decisions, this book provides some eye-opening interviews that will shed light on their decision-making process.

What Others Are Saying....

"In Blindfolds Off: Judges on How They Decide (American Bar Association), Joel Cohen doggedly strips the veil from the bloodless effigy of justice in 13 remarkably revealing interviews with federal jurists from New York and elsewhere. Mr. Cohen tactfully but tenaciously demonstrates his skills as a white-collar criminal defense lawyer with Stroock & Stroock & Lavan in a Q.-and-A. format punctuated by rare insight into the brainstorming process behind the proverbial blindfold."
-Sam Roberts, The New York Times

"Blindfolds Off is a surprising, fascinating and unusually candid examination of what judges think—told in their own words."
—Jeffrey Toobin, The New Yorker

"Joel Cohen’s brilliant book Blindfolds Off is an essential guide to one of the best kept secrets of our legal system: namely that it is we the public, rather than the judges, who are wearing the blindfolds. Judges make their decisions in secret, and the processes they use to decide are also secret. This book, which exposes these secrets, is an essential tool of democracy, visibility and accountability."
—Alan Dershowitz, Author of Taking the Stand: My Life in the Law

"Blindfolds Off takes a revealing and fascinating look at what judges bring to their cases and how they decide them. In no-holds-barred interviews—cross-examinations might be a better term—of federal judges about significant and highly controversial cases that came before them, the role of the judiciary is explored in an engaging and arresting manner."
—Floyd Abrams, Cahill Gordon & Reindel LLP

"Joel Cohen’s in-depth conversations with 13 federal judges who sat in leading, often headline, cases illuminates for readers, and perhaps even for the judges themselves, the logical and intuitive paths that judges take in reaching their decisions. In its methodology and lessons, the book is unique."
—Stephen Gillers, Elihu Root Professor of Law, New York UniversitySchool of Law

"As a former District Judge, reading Joel Cohen’s insightful Blindfolds Off was eye opening. Cohen interviewed 13 of my former colleagues, each of whom spoke with unanticipated candor in the face of sometimes forceful questioning. Their responses led to considerable introspection about the subtle, and not-so-subtle, influences on how I, myself, decided cases."
—Judge Richard J. Holwell (Ret., S.D.N.Y.), Holwell, Shuster & Goldberg LLP

"For every lawyer, law student and even judge who wonders what judges really think when deciding a case, this book will be a revelation. Cohen is a skillful and dogged interlocutor and his judges are surprisingly candid and realistic. Blindfolds Off gives you the opportunity to listen in on judicial thinking in one high profile case after another."
—Dahlia Lithwick, Slate.com


Product Details

ISBN-13: 9781627226790
Publisher: American Bar Association
Publication date: 10/07/2014
Pages: 339
Product dimensions: 5.90(w) x 8.80(h) x 1.00(d)

About the Author

Joel Cohen is a highly respected white collar criminal defense lawyer in New York. He has practiced in that field, as well as complex civil litigation, at Stroock & Stroock & Lavan LLP for nearly 30 years, after having worked for ten years as a prosecutor with the New York State Special Prosecutor’s Office and then with the U.S. Department of Justice’s Organized Crime and Racketeering Section in the Eastern District of New York. Joel writes regularly for the New York Law Journal, The Hill, Huffington Post, law.com, and others on criminal law, legal ethics, and social policy. He frequently lectures lawyers, judges, and the public on varied issues, including ethics and religion. He has taught professional responsibility and currently teaches a class at Fordham Law School, “How Judges Decide,” based on his earlier book, Blindfolds Off: Judges on How They Decide, published by ABA Publishing in 2014. Joel has published several works of Biblical fiction, including Moses: A Memoir, David and Bathsheba: Through Nathan’s Eyes, and Moses and Jesus: A Conversation. Finally, he has also authored Truth Be Veiled, a Justin Steele Murder Case, a novel that addresses the criminal lawyer’s dilemma in dealing with the truth.

Table of Contents

Praise for Blindfolds Off and Joel Cohen i

About the Author xiii

Foreword Judge Richard A. Posner xv

Acknowledgments xix

Preface xxi

Author's Note xxvii

Chapter 1 Judge Leonie Brinkema 1

The Moussaoui Terrorism Case 2

The Dialogue 6

Chapter 2 Judge Denny Chin 29

Madoff: Why 150 Years? 30

The Dialogue 34

Chapter 3 Judge Martin Feldman 51

DeepWater Horizon 52

The Dialogue 55

Chapter 4 Judge Nancy Gertner 73

Upbraiding the FBI 75

The Dialogue 79

Chapter 5 Judge Alvin K. Hellerstein 101

Managing and Settling the 9/11 Tort Cases 102

The Dialogue 106

Chapter 6 Judge David Hittner 125

An Inner City Project's Demolition 126

The Dialogue 129

Chapter 7 Judge John E. Jones III 143

Intelligent Design 145

The Dialogue 149

Chapter 8 Judge Charles P. Kocoras 169

The Failed Expert 170

The Dialogue 174

Chapter 9 Chief Judge Alex Kozinski 189

Judging from the "Bully Pulpit" 191

The Dialogue 194

Chapter 10 Judge Jed S. Rahoff 211

Death Is Different 212

The Dialogue 217

Chapter 11 Judge Emmet G. Sullivan 231

Guilt, Innocence, and Prosecutorial Misconduct 233

The Dialogue 237

Chapter 12 Judge Vaughn R. Walker 253

Same-Sex Marriage 255

The Dialogue 258

Chapter 13 Judge Jack B. Weinstein 279

Agent Orange 281

The Dialogue 284

Epilogue 295

Excerpt from The Nature of the Judicial Process 297

Case Citations 299

Judge Leonie Brinkema 299

Judge Denny Chin 299

Judge Martin Feldman 299

Judge Nancy Gertner 299

Judge Alvin K. Hellerstein 299

Judge David Hittner 300

Judge John E. Jones III 300

Judge Charles P Kocoras 300

Chief Judge Alex Kozinski 300

Judge Jed S. Rakoff 300

Judge Emmet G. Sullivan 301

Judge Vaughn R. Walker 301

Judge Jack B. Weinstein 301

Index 303

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