The Federal Judicial Law Clerk Hiring Problem and the Modest March 1 Solution

Abstract

t Circuit Judge, U.S. Court of Appeals for the Third Circuit. B.A., University of Pennsylvania, 1954; LL.B., Yale Law School, 1957. Judge Becker is the primary author of this Essay, which is based upon material gathered by all three authors. tt Associate Justice, Supreme Court of the United States. A.B., Stanford University, 1959; B.A., Oxford University, 1961; LL.B., Harvard Law School, 1964. At the time of the events narrated in this Essay, Justice Breyer was serving as Circuit Judge and then as Chief Judge of the U.S. Court of Appeals for the First Circuit. ttt Circuit Judge, U.S. Court of Appeals for the Second Circuit. B.S., Yale University, 1953; B.A., Oxford University, 1955; LL.B., Yale Law School, 1958; M.A., Oxford University, 1959. At the time of the events narrated in this Essay, Judge Calabresi was serving as the Dean of the Yale Law School. 1. Memorandum from Judge Becker and Chief Judge Breyer to Members of the Judicial Conference I (Sept. 8, 1993) (proposing specific language of resolution voted on by Conference) (on file with Judge Becker); see L. RALPH MECHAM (DIRECTOR), ADMIN. OFF. OF THE U.S. CTS., REPORT OF THE PROCEEDINGS OF THE JUDICIAL CONFERENCE OF THE UNITED STATES 49 (Sept. 20, 1993) (In an effort to improve the law clerk hiring process, the Judicial Conference voted to recommend to all judicial officers that March 1 of the year before a clerkship begins be the benchmark starting date for law clerk interviews.).