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  • Washington v. William Morris Endeavor Ent. Et Al. (11-3576) - Second Circuit en Banc Reconsideration Denial No. 2 (February 3, 2012)

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    Mr Alkebu-lan
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    After demonstrating to the Court that it erred and did in fact have jursdiction to hear the appeal, in two sentences, without explanation or reason, my appeal was denied. This raises serious ethical concerns as numerous Canons within the Judicial Code of Conduct have been violated. “It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule.” Marbury v. Madison, 5 US [1 Cranch] 137, 177 [1803]. "Justice Smith asked and answered the questions, “Why an opinion at all?” He gave two of the ten reasons: “Above all else to expose the court’s decision to public scrutiny, to nail it up on the wall for all to see. In no other way can it be known whether the law needs revision, whether the court is doing its job, whether a particular judge is competent. A second reason…is that there is no test of a decision equal to the discipline of having to compose an opinion.” --Gerald Lebovits, Advanced Judicial Opinion Writing: A Handbook for New York State Trial and Appellate Courts, December 2004; citing from George Rose Smith, A Primer of Opinion Writing, for Four New Judges, 21 Ark L Rev 197, 200-201 [1967]. Racism, writes Adolph Reed, "is not an affliction...Nor is it a thing that can act on its own; it exists only as it is reproduced in specific social arrangements in specific societies under historically specific conditions of law, state, and class power." Reed, Adolph, Jr. 2000. "Introduction to Oliver C. Cox." In Race: A Study in Social Dynamics, ed. Oliver C. Cox. New York: Monthly Review Press. The fact still remains that Judge Castel misapplied the law, yet his decision is still being upheld. Is this what justice looks like in 21st century, post-racial America? Let's just say that I wasn't suprised when I later read about the Kiobel v. Royal Dutch Petroleum case currently before the Supreme Court due to the Second Circuit's majority throwing out a case against a company accused of genocide against Nigerians when "[t]hree other appeals courts have since disagreed with the 2nd Circuit in methodology and result when hearing cases under the Alien Tort Statute." (http://www.huffingtonpost.com/2012/02/27/corporate-personhood-supreme-court-alien-tort-statute_n_1305226.html).

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    Washington v. William Morris Endeavor Ent. et al. (11-3576) -- Second Circuit En Banc Reconsideration Denial No. 2 [February 3, 2012]

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    After demonstrating to the Court that it erred and did in fact have jursdiction to hear the appeal, in two sentences, without explanation or reason, my appeal was denied. This raises serious ethical concerns as numerous Canons within the Judicial Code of Conduct have been violated. “It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule.” Marbury v. Madison, 5 US [1 Cranch] 137, 177 [1803]. "Justice Smith asked and answered the questions, “Why an opinion at all?” He gave two of the ten reasons: “Above all else to expose the court’s decision to public scrutiny, to nail it up on the wall for all to see. In no other way can it be known whether the law needs revision, whether the court is doing its job, whether a particular judge is competent. A second reason…is that there is no test of a decision equal to the discipline of having to compose an opinion.” --Gerald Lebovits, Advanced Judicial Opinion Writing: A Handbook for New York State Trial and Appellate Courts, December 2004; citing from George Rose Smith, A Primer of Opinion Writing, for Four New Judges, 21 Ark L Rev 197, 200-201 [1967]. Racism, writes Adolph Reed, "is not an affliction...Nor is it a thing that can act on its own; it exists only as it is reproduced in specific social arrangements in specific societies under historically specific conditions of law, state, and class power." Reed, Adolph, Jr. 2000. "Introduction to Oliver C. Cox." In Race: A Study in Social Dynamics, ed. Oliver C. Cox. New York: Monthly Review Press. The fact still remains that Judge Castel misapplied the law, yet his decision is still being upheld. Is this what justice looks like in 21st century, post-racial America? Let's just say that I wasn't suprised when I later read about the Kiobel v. Royal Dutch Petroleum case currently before the Supreme Court due to the Second Circuit's majority throwing out a case against a company accused of genocide against Nigerians when "[t]hree other appeals courts have since disagreed with the 2nd Circuit in methodology and result when hearing cases under the Alien Tort Statute." (http://www.huffingtonpost.com/2012/02/27/corporate-personhood-supreme-court-alien-tort-statute_n_1305226.html).

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    Washington v. William Morris Endeavor Ent. Et Al. (11-3576) - Second Circuit en Banc Reconsideration Denial No. 2 (February 3, 2012)

    Uploaded by

    Mr Alkebu-lan
    After demonstrating to the Court that it erred and did in fact have jursdiction to hear the appeal, in two sentences, without explanation or reason, my appeal was denied. This raises serious ethical concerns as numerous Canons within the Judicial Code of Conduct have been violated. “It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule.” Marbury v. Madison, 5 US [1 Cranch] 137, 177 [1803]. "Justice Smith asked and answered the questions, “Why an opinion at all?” He gave two of the ten reasons: “Above all else to expose the court’s decision to public scrutiny, to nail it up on the wall for all to see. In no other way can it be known whether the law needs revision, whether the court is doing its job, whether a particular judge is competent. A second reason…is that there is no test of a decision equal to the discipline of having to compose an opinion.” --Gerald Lebovits, Advanced Judicial Opinion Writing: A Handbook for New York State Trial and Appellate Courts, December 2004; citing from George Rose Smith, A Primer of Opinion Writing, for Four New Judges, 21 Ark L Rev 197, 200-201 [1967]. Racism, writes Adolph Reed, "is not an affliction...Nor is it a thing that can act on its own; it exists only as it is reproduced in specific social arrangements in specific societies under historically specific conditions of law, state, and class power." Reed, Adolph, Jr. 2000. "Introduction to Oliver C. Cox." In Race: A Study in Social Dynamics, ed. Oliver C. Cox. New York: Monthly Review Press. The fact still remains that Judge Castel misapplied the law, yet his decision is still being upheld. Is this what justice looks like in 21st century, post-racial America? Let's just say that I wasn't suprised when I later read about the Kiobel v. Royal Dutch Petroleum case currently before the Supreme Court due to the Second Circuit's majority throwing out a case against a company accused of genocide against Nigerians when "[t]hree other appeals courts have since disagreed with the 2nd Circuit in methodology and result when hearing cases under the Alien Tort Statute." (http://www.huffingtonpost.com/2012/02/27/corporate-personhood-supreme-court-alien-tort-statute_n_1305226.html).

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    Case: 11-3576

    Document: 46

    Page: 1

    02/03/2012

    516970

    UNITED STATES COURT OF APPEALS


    FOR THE

    SECOND CIRCUIT _______________________________________________


    At a stated Term of the United States Court of Appeals for the Second Circuit, held at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, in the City of New York, on the 3rd day of February two thousand twelve, ORDER Docket Number 11-3576 ______________________________________________ Marcus Isaiah Washington, Plaintiff - Appellant, v. William Morris Endeavor Entertainment, LLC, AKA The William Morris Agency, Incorporated, Jeff Meade, Sarah Winiarski, Defendants - Appellees. ______________________________________________

    Plaintiff - Appellant Marcus Isaiah Washington filed a motion for panel reconsideration, or, in the alternative, for reconsideration en banc. The panel that determined the appeal has considered the request for reconsideration, and the active members of the Court have considered the request for reconsideration en banc. IT IS HEREBY ORDERED that the motion is denied.

    For the Court: Catherine O'Hagan Wolfe, Clerk

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