Sorcerers' Apprentices: 100 Years of Law Clerks at the United States Supreme Court
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View the Table of Contents. Read the Introduction. ?Well-written, needed, and nicely done.? "Ward and Weiden have produced that rare book that is both a meticulous piece of scholarship and a good read. The authors have . . . sifted through a varied and voluminous amount of archival material, winnowing out the chaff and leaving the excellent wheat for our consumption. They marry this extensive archival research with original survey data, using both to great effect." "Helps illuminate the inner workings of an institution that is still largely shrouded in mystery." "The main quibble . . . with contemporary law clerks is that they wield too much influence over their justices' opinion-writing. Artemus and Weiden broaden this concern to the clerks' influence on the thinking of the justices about how to decide cases." ?Provides excellent insight into the inner workings of the Supreme Court, how it selects cases for review, what pressures are brought to bear on the justices, and how the final opinions are produced. Recommended for all academic libraries.? ?Artemus Ward and David L. Weiden argue that the clerks have more power than they used to have, and probably more power than they should.? ?The book contains a wealth of historical information. . . . A reader can learn a lot from this pioneering study.? ?Meticulous in scholarship. . . . Sorcerers' Apprentices presents convincing statistical evidence that the aggregate time that law clerks spend on certiorari memos has fallen considerably because of the reduction in the number of memos written by each clerk.? ?Ward and Weiden have produced that rare book that is both a meticulous piece of scholarship and a good read.? ?Based on judicial working papers and extensive interviews, the authors have compiled the most complete picture to date of the transformation of Supreme Court law clerks from stenographers to ghost-writers. This will instantly become an essential resource for students of the Court.? "A truly excellent study on an interesting and important question. As we know from the popularity of The Brethren and Closed Chambers, people love insider accounts of Supreme Court decision making, and this book provides that from a very unique point of view." "An urgently needed and highly readable study of the most powerful young lawyers in America: law clerks at the Supreme Court. Law clerks themselves tend to vastly overstate or underestimate their importance, but authors Artemus Ward and David Weiden have gotten it just right: law clerks wield significant and growing power at the nation's highest court. This eye-opening book charts that growth and points to the potential for abuse." ?...[E]xceptionally informative in tracing the history of the institution of the Supreme Court clerks. The analysis of the evolution of both the job and the influence that clerks have on the Court?s decisions.? Law clerks have been a permanent fixture in the halls of the United States Supreme Court from its founding, but the relationship between clerks and their justices has generally been cloaked in secrecy. While the role of the justice is both public and formal, particularly in terms of the decisions a justice makes and the power that he or she can wield in the American political system, the clerk has historically operated behind closed doors. Do clerks make actual decisions that they impart to justices, or are they only research assistants that carry out the instructions of the decision makers?the justices? Based on Supreme Court archives, the personal papers of justices and other figures at the Supreme Court, and interviews and written surveys with 150 former clerks, Sorcerers? Apprentices is a rare behind-the-scenes look at the life of a law clerk, and how it has evolved since its nineteenth-century beginnings. Artemus Ward and David L. Weiden reveal that throughout history, clerks have not only written briefs, but made significant decisions about cases that are often unseen by those outside of justices' chambers. Should clerks have this power, they ask, and, equally important, what does this tell us about the relationship between the Supreme Court?s accountability to and relationship with the American public? Sorcerers' Apprentices not only sheds light on the little-known role of the clerk but offers provocative suggestions for reforming the institution of the Supreme Court clerk. Anyone that has worked as a law clerk, is considering clerking, or is interested in learning about what happens in the chambers of Supreme Court justices will want to read this engaging and comprehensive examination of how the role of the law clerk has evolved over its long history. |
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| 02-26-08 | 5 | (NA) |
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This book is hands down the best book published about Supreme Court clerks. Dr. Art Ward has written an exhaustive and accurate book that details the true role of clerks in the Supreme Court. It raises eyebrows and highlights that any discussion on the Supreme Court is incomplete without aknowledging the role of clerks. It is a must read by anybody interested in the Court or in judicial politics.
(Review Data Last Updated: 2008-08-27 03:09:46 EST)
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| 07-02-07 | 4 | (NA) |
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A book ten years in the making, Sorcerers' Apprentices is an intriguing and sometimes unsettling look at the world of law clerks. Most people know precious little about this field. Ward and Weiden provide an eye-opener.
Being a law clerk is to basically be a research assistant for a judge. Being that the United States Supreme Court is the highest court in the land, being a clerk for an U.S. Supreme Court judge (a `Justice') is the pinnacle in this field. As former clerks to a Supreme Court Justice, these young men and women will be the most sought after candidates at law firms across the country. Many will later be offered judgeships themselves. After a decade of research, pouring through the personal papers of justices and court employees, and interviews with former clerks, the authors discovered that the law clerk went from being little more than a secretary in the 1930's to a position of enormous power today. Perhaps the greatest power is in the "certiorari process" of choosing what cases the Supreme Court will hear. Of the over 8,000 cases submitted annually to the Supreme Court, only a few hundred perhaps will be heard. It would appear that the law clerks suggestions to their respective Justices on which cases to hear has had a great impact on the types of cases heard. And changes on the constitutionality of specific laws in specific areas literally changes people's lives. Another issue of concern is that for some Justices, the bulk of their decisions may come not from legal research, but from the opinions written by their law clerks. Some have gone so far as to say that in some cases it is the law clerk who actually writes the final opinion; the Justice simply signing it. Others point out that the opinions expressed verbally by law clerks to their Justice may actually hold more sway over a decision than the attorneys presenting the case. Filled with quotes, text, research, analyses, and charts galore, Sorcerers' Apprentices: 100 Years of Law Clerks at the United States Supreme Court is a revealing look at the workings of the U.S. Supreme Court. It sheds light on an institution that few in America have any knowledge about, but that affects us all. Ward and Weiden present nearly as many questions in this book as they do insights. Do law clerks have more power than they used to? Do they have more power than they should? Should this be rectified, and if so, how? In the end, Sorcerers' Apprentices is a fascinating look at a world few ever see. (Review Data Last Updated: 2007-09-05 16:03:06 EST)
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| 07-02-07 | 4 | 1\1 |
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A book ten years in the making, Sorcerers' Apprentices is an intriguing and sometimes unsettling look at the world of law clerks. Most people know precious little about this field. Ward and Weiden provide an eye-opener.
Being a law clerk is to basically be a research assistant for a judge. Being that the United States Supreme Court is the highest court in the land, being a clerk for an U.S. Supreme Court judge (a `Justice') is the pinnacle in this field. As former clerks to a Supreme Court Justice, these young men and women will be the most sought after candidates at law firms across the country. Many will later be offered judgeships themselves. After a decade of research, pouring through the personal papers of justices and court employees, and interviews with former clerks, the authors discovered that the law clerk went from being little more than a secretary in the 1930's to a position of enormous power today. Perhaps the greatest power is in the "certiorari process" of choosing what cases the Supreme Court will hear. Of the over 8,000 cases submitted annually to the Supreme Court, only a few hundred perhaps will be heard. It would appear that the law clerks suggestions to their respective Justices on which cases to hear has had a great impact on the types of cases heard. And changes on the constitutionality of specific laws in specific areas literally changes people's lives. Another issue of concern is that for some Justices, the bulk of their decisions may come not from legal research, but from the opinions written by their law clerks. Some have gone so far as to say that in some cases it is the law clerk who actually writes the final opinion; the Justice simply signing it. Others point out that the opinions expressed verbally by law clerks to their Justice may actually hold more sway over a decision than the attorneys presenting the case. Filled with quotes, text, research, analyses, and charts galore, Sorcerers' Apprentices: 100 Years of Law Clerks at the United States Supreme Court is a revealing look at the workings of the U.S. Supreme Court. It sheds light on an institution that few in America have any knowledge about, but that affects us all. Ward and Weiden present nearly as many questions in this book as they do insights. Do law clerks have more power than they used to? Do they have more power than they should? Should this be rectified, and if so, how? In the end, Sorcerers' Apprentices is a fascinating look at a world few ever see. (Review Data Last Updated: 2008-02-27 10:43:06 EST)
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| 05-02-06 | 5 | 12\13 |
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The role of Supreme Court law clerks became somewhat controversial when former clerk William Rehnquist, then in private practice, wrote a highly influential magazine article in 1957 alleging that clerks asserted undue influence over their Justices which impacted on the Court's decisions. Since then, the issue has popped up every so often, usually generating much more heat than light in examinating the role of clerks. Fortunately, we now have probably as solid an analysis of the role of clerks as we will ever get in this fine book by two political scientists.
The authors have reviewed all printed material on clerks, checked judicial biographies, surveyed oral history collections, conducted extensive interviews, and submitted an extensive written questionnaire to 600 former clerks selected on a random basis. The picture that emerges is skillfully developed, with helpful charts and figures, as well as an exceptionally detailed set of notes and bibliography for those interested in further research. At around 250 pages, the authors have managed to strike a beneficial balance between detail and survey, so the narrative moves along smoothly. The authors discuss all key issues relating to clerks: selection, their critical role in reviewing cert. petitions and making recommendations, the drafting of bench memos, serving as communication conduits and coalition builders between chambers, and the all-important and most controversial element, their role in drafting opinions for their Justices. I think it fair to say that the authors conclude that clerks do have influence in the Court's decision-making process, but not to the extent of manipulating results. The more substantial problem that emerges from the book is whether the Supreme Court has become too bureaucratized and "depersonalized" as each term the Court works its way through thousands of cert. petitions and cranks out it published decisions on argued cases. This situation raises serious issues, as does the role of the clerks and the issue of whether the Justices have abdicated any of their constitutional responsibilities. Fortunately, we are in a much better position to grapple with both these issues because of this fine and highly interesting book. (Review Data Last Updated: 2007-07-02 19:49:57 EST)
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| 05-01-06 | 5 | 11\12 |
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The role of Supreme Court law clerks became somewhat controversial when former clerk William Rehnquist, then in private practice, wrote a highly influential magazine article in 1957 alleging that clerks asserted undue influence over their Justices which impacted on the Court's decisions. Since then, the issue has popped up every so often, usually generating much more heat than light in examinating the role of clerks. Fortunately, we now have probably as solid an analysis of the role of clerks as we will ever get in this fine book by two political scientists.
The authors have reviewed all printed material on clerks, checked judicial biographies, surveyed oral history collections, conducted extensive interviews, and submitted an extensive written questionnaire to 600 former clerks selected on a random basis. The picture that emerges is skillfully developed, with helpful charts and figures, as well as an exceptionally detailed set of notes and bibliography for those interested in further research. At around 250 pages, the authors have managed to strike a beneficial balance between detail and survey, so the narrative moves along smoothly. The authors discuss all key issues relating to clerks: selection, their critical role in reviewing cert. petitions and making recommendations, the drafting of bench memos, serving as communication conduits and coalition builders between chambers, and the all-important and most controversial element, their role in drafting opinions for their Justices. I think it fair to say that the authors conclude that clerks do have influence in the Court's decision-making process, but not to the extent of manipulating results. The more substantial problem that emerges from the book is whether the Supreme Court has become too bureaucratized and "depersonalized" as each term the Court works its way through thousands of cert. petitions and cranks out it published decisions on argued cases. This situation raises serious issues, as does the role of the clerks and the issue of whether the Justices have abdicated any of their constitutional responsibilities. Fortunately, we are in a much better position to grapple with both these issues because of this fine and highly interesting book. (Review Data Last Updated: 2007-03-03 11:08:00 EST)
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