Rat Race: Insider Advice on Landing Judicial Clerkships

18 Pages Posted: 25 Apr 2009 Last revised: 18 Jun 2009

See all articles by Ruggero J. Aldisert

Ruggero J. Aldisert

United States Court of Appeals for the Third Circuit

Ryan J. Kirkpatrick

affiliation not provided to SSRN

James R. Stevens

affiliation not provided to SSRN

Date Written: 2006

Abstract

For many, the judicial clerkship application process is, to quote Sir Winston Churchill, "a riddle wrapped in a mystery inside an enigma." It is a frenzied Pamplona-like atmosphere that begins after Labor Day and continues unabated for several weeks. The initial week is the make or break point in the application review process because it is then that the judge starts to read each application and makes a yes or no evaluation. If his or her vote is a no, then no further action is taken. If it is a yes, the application passes to the law clerks, who then begin their evaluation. Our experience reviewing these applications has led us to the unanimous conclusion that many applicants select their list of judges and put together their packets with little or no thought of strategy as to how to get their applications past this initial phase and into the yes pile. We would like to guide the judicial clerkship applicant through the application process by discussing how our chambers conducts the interview and selection process. Specifically, we hope to dispel rumors of what goes on behind the curtain, and ultimately shed some light on how a clerkship applicant could improve his or her chances of receiving an offer.

The authors are fully aware that there is a vast amount of literature discussing the clerkship application process. Most of the literature is couched in somber academic tomes, one of which was serious enough to require 334 footnotes! Our treatment of the subject is far less scholarly. We will not be discussing the role of game theory or the use of the "medical-matching model" in law clerk selection. Our purpose is simply to provide an insider's perspective into the clerkship application process and, in doing so, defend the following theses:

-- Unless you are the Editor-in-Chief of your school's main law review or one of the top five or ten students in your class, you need to set yourself apart from the competition. -- Your road to success is through the face-to-face interview with the Judge. In making this point, we depart from the truism in the decision-making process that writing a good brief is more important than oral argument. In your written applications you may have sterling academic records, stunning extracurricular activities, and superb references, but whether you get the job offer depends on how you perform at the personal interview.

PDF scan posted with permission of the Penn State Law Review.

Keywords: clerking, clerkships, judiciary, appellate courts, clerkship application process, writing sample, clerkship interview, judges, judging, rat race

Suggested Citation

Aldisert, Ruggero J. and Kirkpatrick, Ryan J. and Stevens, James R., Rat Race: Insider Advice on Landing Judicial Clerkships (2006). Penn State Law Review, Vol. 110, No. 835, 2006, Available at SSRN: https://ssrn.com/abstract=1394489

Ruggero J. Aldisert (Contact Author)

United States Court of Appeals for the Third Circuit ( email )

601 Market Street
Philadelphia, PA
United States

Ryan J. Kirkpatrick

affiliation not provided to SSRN ( email )

James R. Stevens

affiliation not provided to SSRN ( email )

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