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No College, No Prior Clerkship: How Jim Marsh Became Justice Jackson's Law Clerk

Of Courtiers And Kings: More Stories Of Supreme Court Law Clerks and Their Justices (University of Virginia Press, Todd C. Peppers & Clare Cushman, eds., Dec. 2015)

St. John's Legal Studies Research Paper No. 15-0033

Posted: 9 Dec 2015  

John Q. Barrett

St. John's University School of Law; Robert H. Jackson Center

Date Written: December 7, 2015

Abstract

In Justice Robert H. Jackson’s first four years on the Supreme Court of the United States (1941-1945), he employed, in sequence, three excellent young attorneys as his law clerks. They were, respectively, a former Harvard Law Review editor who then worked in the U.S. Department of Justice; a former Harvard Law Review president; and his successor in that law student high position. Jackson was happy with each law clerk’s work and fond of him personally.

Then, in 1947, Justice Jackson tried something different: he hired a Temple Law School graduate to be his next law clerk. This man had been a successful law student, but in a non-elite law school and, indeed, in its night school division. He had never attended college or clerked for another judge. He was “older” and married with children. His name was James Milton Marsh. This is the story of how he became, improbably, a Supreme Court law clerk.

This chapter appears in the book "Of Courtiers And Kings: More Stories Of Supreme Court Law Clerks and Their Justices" (University of Virginia Press, Todd C. Peppers & Clare Cushman, eds., Dec. 2015).

Keywords: Supreme Court, Jackson, law clerk, Costelloe, Neal, Gartner, Marsh, Temple University

Suggested Citation

Barrett, John Q., No College, No Prior Clerkship: How Jim Marsh Became Justice Jackson's Law Clerk (December 7, 2015). Of Courtiers And Kings: More Stories Of Supreme Court Law Clerks and Their Justices (University of Virginia Press, Todd C. Peppers & Clare Cushman, eds., Dec. 2015); St. John's Legal Studies Research Paper No. 15-0033. Available at SSRN: https://ssrn.com/abstract=2700367

John Q. Barrett (Contact Author)

St. John's University School of Law ( email )

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718-990-6644 (Phone)
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HOME PAGE: http://www.stjohns.edu/academics/graduate/law/faculty/Profiles/Barrett

Robert H. Jackson Center

305 East Fourth Street
Jamestown, NY 14701
United States
716-483-6646 (Phone)
716-483-0690 (Fax)

HOME PAGE: http://www.roberthjackson.org

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