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Law and Philosophy

Marquette Law Review

Journal

Influence

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Full-Text Articles in Law

Law Clerks As Advisors: A Look At The Blackmun Papers, Zachary Wallander, Sara C. Benesh Oct 2014

Law Clerks As Advisors: A Look At The Blackmun Papers, Zachary Wallander, Sara C. Benesh

Marquette Law Review

The Justices of the United States Supreme Court seek advice, by way of cert pool memos, when making their consequential agenda-setting decisions. There is some debate over the extent to which these law clerks actually influence the Justices. Focusing on the certiorari stage and on the information and advice provided to the Court via the cert pool memos, we ascertain the extent to which the contents of the memos drive the decision making of the Court. We find that information about conflict, amici, and the position of the United States does indeed influence the Court’s votes, but also that the …


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.