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Taking A Dip In The Supreme Court Clerk Pool: Gender-Based Discrepancies In Clerk Selection, John J. Szmer, Erin B. Kaheny, Robert K. Christensen
Taking A Dip In The Supreme Court Clerk Pool: Gender-Based Discrepancies In Clerk Selection, John J. Szmer, Erin B. Kaheny, Robert K. Christensen
Marquette Law Review
Former U.S. Supreme Court clerks are heavily recruited by select law firms, and many eventually find their way to policy “elite” positions in the government or in the legal academy. A number of former clerks have returned to the Court as litigators, and a subset has returned to the Court as Justices. We are interested in clerk selection for two reasons. First, clerks influence key aspects of the judicial process while serving in their clerkship capacity, and second, many seem to be in a good position to influence legal policy well after their clerkships have ended. With this in mind, …
Law Clerks As Advisors: A Look At The Blackmun Papers, Zachary Wallander, Sara C. Benesh
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 …