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Hiring Supreme Court Law Clerks: Probing The Ideological Linkage Between Judges And Justices, Lawrence Baum
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 …
Dissenting In And Dissenting Out, Nancy Leong
Dissenting In And Dissenting Out, Nancy Leong
Chicago-Kent Law Review
The intense legal and social preoccupation with the appearance of diversity and nondiscrimination both reflects and reinforces a process I call “identity capitalism.” Through that process, ingroup individuals and ingroup-dominated institutions derive value from outgroup identity. This process results in the commodification of outgroup identity, with negative consequences for both outgroup members and society. Outgroup members actively participate in the process of identity capitalism in various ways. In particular, they leverage their outgroup membership to derive social and economic value for themselves. I call such outgroup participants “identity entrepreneurs.” In this essay, I apply the framework of identity entrepreneurship to …