Wednesday, March 22, 2023

Are US Sup Ct Justices Acting As An Oligopsony, Concentrating The Hiring Of Law Clerks From The Same Few Schools: My Comment To The WSJ Article, "The Unraveling of the U.S. News College Rankings"

My comment to the Wall Street Journal article, "The Unraveling of the U.S. News College Rankings: The revolt against the survey, started by Yale Law School, was decades in the making" by Melissa Korn:
There is another approach to law school ranking. Broaden the base of law schools that US Sup Ct clerks attended, through public and news media pressure or legislation. An expanded law school pool would put pressure on ranking methodology. Law clerks are often chosen for employment by top law firms and future judgeship. The education credentials expansion of law clerks, judges and top firm lawyers would force US News and others to rank schools on a broader base of post schooling outcome. A flattening of the percentage of the SCOTUS law clerks similar education, would weaken group think, potential political biases, and bring in a wider range of legal ideas to the Justices.

A NY Times [The Road to a Supreme Court Clerkship Starts at Three Ivy League Colleges by Adam Liptak] Feb 6, 2023 article says, "Each justice typically hires four law clerks per term. The study, which collected data on the 1,426 former clerks in the 40-year period ending in 2020, found that more than two-thirds of them attended just five law schools: Harvard, Yale, Stanford, Columbia and the University of Chicago. Chief Justice John G. Roberts Jr., for instance, chose 58 clerks in the period covered by the study, 37 [2/3] of them from Harvard or Yale."

From 2017-21, four law schools (Yale, Harvard, Univ of Chicago, Stanford) were the source of 72 percent of SCOTUS law clerks. [Brian Leiter's Law School Reports]

Aren’t the top graduates of the top 10 percent (20) of the 200 accredited US law schools, or even the top 20 percent (40), qualified with the ability, legal education, and training to be excellent SCOTUS law clerks.

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