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Full-Text Articles in Law

Supreme Court Clerks As Judicial Actors And As Sources, Scott Armstrong Oct 2014

Supreme Court Clerks As Judicial Actors And As Sources, Scott Armstrong

Marquette Law Review

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Keynote Address: Secret Agents: Using Law Clerks Effectively, David R. Stras Oct 2014

Keynote Address: Secret Agents: Using Law Clerks Effectively, David R. Stras

Marquette Law Review

Recent scholarship discusses the role of law clerks and their role in influencing the courts on which they work. This Keynote Address discusses the nuts and bolts of law clerks, including how they are selected, what role they play on various courts, and their potential opportunities for influence.


Fielding An Excellent Team: Law Clerk Selection And Chambers Structure At The U.S. Supreme Court, Christopher D. Kromphardt Oct 2014

Fielding An Excellent Team: Law Clerk Selection And Chambers Structure At The U.S. Supreme Court, Christopher D. Kromphardt

Marquette Law Review

Supreme Court Justices exercise wide discretion when hiring law clerks. The Justices are constrained only by the pool of qualified applicants and by norms of the institution, such as that beginning with Chief Justice Burger’s tenure in 1969 90% of clerks have previously served a clerkship with a federal judge. Previous work finds that ideology structures hiring decisions at the individual clerk level; however, these analyses fail to account for the fact that a Justice hires several clerks each Term—he seeks a winning team, not just a single all-star. Hiring decisions are structuring decisions in which one of a Justice’s …


Hiring Supreme Court Law Clerks: Probing The Ideological Linkage Between Judges And Justices, Lawrence Baum Oct 2014

Hiring Supreme Court Law Clerks: Probing The Ideological Linkage Between Judges And Justices, Lawrence Baum

Marquette Law Review

Since the 1970s, the overwhelming majority of Supreme Court law clerks have had prior experience clerking in lower courts, primarily the federal courts of appeals. Throughout that period, there has been a tendency for Justices to take clerks from lower court judges who share the Justices’ ideological tendencies, in what can be called an ideological linkage between judges and Justices in the selection of law clerks. However, that tendency became considerably stronger between the 1970s and 1990s, and it has remained very strong since the 1990s.

This Article probes the sources of that alteration in the Justices’ selection of law …


Panel Discussion: Judges' Perspectives On Law Clerk Hiring, Utilization, And Influence, David R. Stras, Diane S. Sykes, James A. Wynn Jr. Oct 2014

Panel Discussion: Judges' Perspectives On Law Clerk Hiring, Utilization, And Influence, David R. Stras, Diane S. Sykes, James A. Wynn Jr.

Marquette Law Review

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Diversity And Supreme Court Law Clerks, Tony Mauro Oct 2014

Diversity And Supreme Court Law Clerks, Tony Mauro

Marquette Law Review

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