Do District Court Judges Currently Make More Money As Senior Professors ?

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The legal community is familiar with "feeder judges" — federal lower-court (primarily court of appeals) judges who have a substantial number of law clerks continue to clerk for justices on the Supreme Court of the United states.¹ During the Burger Court (1969–1986), having at to the lowest degree one prior clerkship became a de facto prerequisite to a Supreme Court clerkship. This created a network effect in which certain appellate judges became known for placing clerks with the justices, increasing the number of law students applying to clerk for those feeder judges with the hope of securing a subsequent clerkship on the High Court.² During the Rehnquist Courtroom (1986–2004), 10 lower-courtroom judges placed more twenty clerks, with a 2d-tier of xvi judges placing viii or more.³ From 2004 (one year prior to the kickoff of the Roberts Court) through 2018, xi lower-court judges produced 20 or more Supreme Court clerks and some other 20 lower-court judges produced eight or more Supreme Courtroom clerks.^iv

While not every bit formally necessary to a police force-educational activity position, a judicial clerkship is 1 stride in the common path to the legal academy. Clerkships entreatment to loftier-achieving police force students at top law schools, many of whom gravitate towards law education. Clerkships launch former clerks into other legal positions (including regime, individual do, and farther clerkships) and short-term pre-tenure education positions (such as fellowships and Visiting Banana Professorships⁵) that provide farther experience and credentials for a permanent instruction chore. And clerkships accord a mark of prestige that appeals to current faculty members — who clerked early in their careers — in identifying promising new colleagues, especially from among candidates who clerked for "their" judges.

Given the intimate (if non essential) connection between clerkships and legal academia, the time is right to identify "academic feeder judges" — the judges for whom significant numbers of current U.S. law professors clerked at the beginning of their careers and the judges who "produce" law professors from the ranks of their old clerks.

Methodology

This study identifies constabulary faculty equally of autumn 2019 with judicial clerkships in their background — what I call "academic former clerks." Information technology relies on cocky-reporting — faculty presentation to the earth about past clerkships through biographies and publicly available curricula vitae on their police school websites. This methodology risks missing some academic former clerks who choose not to include the clerkship feel in their online data or who do not post their CVs. Just I expect that most professors provide this information in at least one of those spaces.

The analysis is limited to full-fourth dimension permanent teaching, research, and clinical faculty at American Bar Association (ABA)-accredited, Association of American Police force Schools (AALS)-member or AALS-fee-paying law schools as of the time of the study. It includes tenured, untenured/tenure-track, and untenured/non-tenure-track contract faculty and lecturers. Information technology does non include adjuncts and other office-time faculty who are non primarily academics. Information technology also does not include brusque-term visitors and fellows, many of whom are recent law clerks occupying temporary entry-level positions equally a stepping-stone to an academic career. And it does not include erstwhile police force clerks teaching at non-U.S. law schools or working in non-law academic disciplines.

Co-ordinate to the AALS, at that place were ix,329 total-time law kinesthesia in fall 2019.⁶ Online biographies and posted CVs identified three,641 full-time faculty with judicial clerking experience, representing more than than 35 percent of full-fourth dimension faculty. Approximately 200 faculty members identified the courts on which they clerked but not the judges. This left more than than 3,400 electric current full-time faculty who clerked for at least one identified judge.

From these 3,400 faculty members, I identified 325 federal lower-court judges with at least iii former clerks in teaching. For the judges in that grouping, I gathered data on court, appointing president, and years of service;^seven current status (active, retired,⁸ senior,⁹ resigned,^ten or deceased); master career prior to appointment to the federal bench (academy, government, individual practice, or state bench); number of academic erstwhile clerks; per-year average (academic onetime clerks divided by years on the bench); and rankings of the schools at which old clerks teach.^eleven All biographical and historical data about judges is drawn from the Federal Judicial Centre's onlineBiographical Directory of Article III Federal Judges, 1789-Present.¹² From this group, I created the following studies of one-time clerks:¹³

1. One-hundred-ii federal lower-court judges, nearly on courts of appeals, with eight or more than academic erstwhile clerks.
2. 50-one federal district judges with three or more academic former clerks.
3. Fifty-two federal lower-court judges appointed since 1995 with 3 or more than academic one-time clerks.
4. Eighteen state-court judges with two or more than bookish former clerks.
5. Electric current and old justices of the Supreme Court of the United States.
6. Fifty-i federal lower-court judges, focusing on academic former clerks who did not also clerk for SCOTUS.

The link betwixt judicial clerkship and bookish job is less direct than the link between lower-court clerkship and SCOTUS clerkship. A SCOTUS clerk obtains her position on the strength of being a clerk for a feeder judge and that feeder judge's recommendation, typically a direct line from lower-court chambers to SCOTUS chambers inside one or two years of the first clerkship. Being a "Judge 10 Clerk" or "Justice Y Clerk" helps secure an academic position, especially with a strong recommendation from the jurist. Just that position comes several years later, the clerkship and recommendation forming 1 piece of the hiring faculty's prediction of whether an entry-level kinesthesia candidate is probable to be a productive scholar and effective instructor.

The numbers thus tell a correlative rather than causal story — who professors happen to have clerked for. In labeling these judges bookish "feeders," I adopt the familiar parlance as an analogy. While I occasionally depict judges equally "producing" or "placing" academics, it is shorthand to connect the approximate to her old clerks and the law professor to her former judge. Information technology does non suggest that judges "feed" police force faculties equally they "feed" SCOTUS. Nor does it suggest the judge "got" the former clerk an academic job, every bit she might accept "gotten" the former clerk a later, higher clerkship, often with one telephone call.

This report offers a snapshot of judges and their academic former clerks serving on U.South. constabulary faculties as of autumn 2019, one point in time. This study performed 25 years agone would have produced different results; this study repeated 25 years hence will produce different results. Nevertheless, we can acquire something from this snapshot of the courts and the academy — telling us where nosotros were, where we are, and where nosotros might go.

I. All Lower-Court Judges

The core written report examines federal lower-court judges, who represent the main academic feeders. I identified 325 judges with at least three academic former clerks. From that, I focus on a meridian group of 102 judges with at to the lowest degree eight academic sometime clerks. This excludes 223 judges, ii-thirds of those studied. This illustrates the bunching amid judges at lower numbers of bookish former clerks, leaving less room for distinctions. Table 1(see appendix) presents the top 102 lower-court judges.

The clear "winner" is Guido Calabresi, senior judge on the Second Circuit, appointed by President Bill Clinton in 1994 following a long career as a leading legal theorist and as a professor and dean at Yale Law Schoolhouse. Forty-3 former Calabresi clerks are in the legal academy, 27 at top-25 law schools.

Calabresi leads a articulate top seven with 20 or more academic one-time clerks. Joining him are Stephen Reinhardt (Ninth Circuit, died in 2018), Stephen Williams (D.C. Excursion, died in 2020), Dorothy Nelson (Ninth Excursion, senior gauge), Richard Posner (Seventh Circuit, retired in 2017), Harry Edwards (D.C. Circuit, senior judge), and Patricia Wald (D.C. Circuit, retired in 1999, died in 2019). Ninety-1 of the 102 served on the courts of appeals. Of the 11 district judges, the highest ranked are Jack Weinstein (East-ern District of New York, senior judge),^fourteen with 14 academic former clerks, and Marilyn Hall Patel (Northern District of California, retired in 2012) and Louis Pollak (Eastern District of Pennsylvania, died in 2012), each with xiii. Figures one–threeillustrate biographical information for these top 102 judges.

Figure 1. Courts. The Ninth Circuit's lead is unsurprising, as it is the largest regional excursion, with 29 canonical active judgeships — more judges means more than clerks, which means more futurity academics from amid those clerks. The D.C. Circuit is regarded as the "junior Supreme Court" and the most prestigious excursion,¹⁵ from which we would expect legal academics to emerge. The circuits represented expands going downward the list of judges.

Figure 2. Appointing President.In 1978, Congress enacted the Omnibus Judgeship Act,^sixteen creating 152 new Commodity 3 judgeships, which President Jimmy Carter filled during the following ii years of his term. Many judges on the listing were appointed in that two-year span; many remain on the demote or produced substantial numbers of academic former clerks prior to leaving the bench.

Effigy three. Prior Position. 5 of the top vii feeder judges were academics before joining the bench — Calabresi at Yale, Williams at Academy of Colorado, Nelson at University of Southern California, Posner at The University of Chicago, and Edwards at University of Michigan and at Harvard. Two of the top district judges joined the bench from the academy — Weinstein (Columbia) and Pollak (Yale and Penn).

This top group includes 22 women, five African Americans, and two Hispanics. Fifty-four remain on the bench, 17 on active status.

Frequency measures the number of academic former clerks per year on the demote; this can be framed equally how often a former clerk enters instruction or as the number of clerks per judicial term who enter teaching. Unsurprisingly, Calabresi leads, with 1.68 academic erstwhile clerks per year on the demote, significant an average of more than than i.v Calabresi clerks from each term has entered pedagogy. Reinhardt, Williams, Nelson, Posner, Wald, and William Norris (Ninth Circuit, retired in 1997) are at or a bit below one clerk per term. Abner Mikva (D.C. Circuit, retired in 1994) stands at .8, with 12 academic one-time clerks in 15 years on the bench.¹⁷ Seventeen judges are at or above .v per term — that is, an boilerplate of half clerk per term entered teaching, pregnant ane bookish from every two years of law clerks.

The judges with the most academic former clerks also have the greatest distribution of academic sometime clerks at height-tier law schools. The top vii judges have threescore–75 per centum of their academic former clerks at height-25 schools and a college pct at summit-fifty schools. The distribution broadens as we motility down the list, with smaller percentages of sometime clerks at top-25 schools. But near judges on the list have approximately half of their academic former clerks within the top-50 schools and a substantial majority within the elevation-100 schools, reflecting the value of the clerkship, especially a federal appellate clerkship, as an academic credential.

Ii. Federal District Judges

The vast majority of academic feeder judges serve on federal courts of appeals. Many police professors were top students at top law schools, who gravitate towards the perceived greater prestige of appellate clerkships, including with the hope (sometimes realized, usually not) of landing a Supreme Court clerkship. Merely many law professors clerked on the federal trial courts, either alone or in add-on to the court of appeals. Some court of appeals judges prefer prior clerking experience, hiring their clerks from current trial-court clerkships rather than from constabulary school.

The top 102 judges with eight or more academic former clerks, described in Function I and Table 1(encounter appendix), include 11 commune judges. Office 2 and Table ii present 51 judges who spent their careers on the federal district courts and who have four or more academic former clerks.

Figures 4–6 illustrate biographical information for these 51 commune judges.

Figure 4. Appointing President. The partisan skew is more noticeable with district judges. The substantial number of Carter appointees illustrates an interesting point. Many Carter appointees served more than 30 years on the district courts. Some might have been considered for height to the court of appeals by a Democratic president, but Democrats were out of the White House for 12 years following the election of Ronald Reagan in 1980. By the time Nib Clinton entered the White Firm in 1993, many judges in this group were too old to exist politically beneficial every bit courtroom of appeals appointees.¹⁸

Figure 5. Prior Position. Most commune judges came from private do. 4 came from the legal academy: Weinstein taught at Columbia; Pollak taught and was dean at Yale and Penn; Thelton Henderson (Primal District of California, senior estimate,) taught at Stanford and Golden Gate University; and Israel Glasser (Eastern District of New York, senior judge) was a faculty member and dean at Brooklyn Police Schoolhouse.

Thirteen of the 51 judges are women and three are African American. Fourteen remain on the demote, two on agile status.

More than than one-half the judges cluster in five districts — Southern District of New York, which includes Manhattan (thirteen); Northern District of California, which includes San Francisco (6); Eastern District of New York, which includes Brooklyn (5); Eastern District of Pennsylvania, which includes Philadelphia (v); and District of Massachusetts (5).

Academic former district clerks are broadly distributed across groups of law schools. 1 outlier is Kimba Wood (Southern District of New York, senior approximate): All nine academic former clerks teach at top-fifty schools, 8 in the acme 25.^xix Viii of Patel's 13 academic onetime clerks teach at elevation-25 schools.

III. Federal Judges Appointed Since 1995

Unsurprisingly, the raw numbers skew towards longer-serving judges. A judge who has employed iii to 4 law clerks every twelvemonth for 35 years on the bench produces more former clerks and more onetime clerks who enter legal academia. In addition, a permanent academic career oftentimes begins five or more years following completion of the clerkship. Erstwhile clerks accept other clerkships (potentially on the Supreme Court), enter regime service or private do, pursue further graduate education,²⁰ or take short-term fellowships or visitorships;²¹ all provide legal feel, credentials, and fourth dimension to gear up for permanent academic positions, peculiarly by publishing and teaching.

Recent appointees have fewer former clerks and less time for those sometime clerks to complete the multi-year path from clerkship to police faculty, meaning fewer opportunities to produce bookish former clerks. Former clerks for early Barack Obama appointees might begin hitting the bookish job market in the next few years, while former clerks for Donald Trump appointees may be several years away.

This part examines judges appointed since 1995, a period covering 25 years to when this study was written, offering a picture of academic sometime clerks from relatively newer judges. This covers all George W. Bush and Obama appointments, the last five years of Clinton appointments, and the first 3 years of Trump appointments. It extends to judges with 3 or more academic quondam clerks, accounting for bunching inside categories while providing a sufficient sample of judges to recoup for the lag between clerkship and academia. This establishes a group of judges who accept been on the bench long enough to produce significant numbers of one-time clerks and academic former clerks and who are probable to remain on the demote for another decade or more with fourth dimension to produce more former clerks and more bookish onetime clerks.

Table 3(see appendix) shows 52 judges, appointed since 1995, with three or more academic former clerks. Sixteen appeared amidst the top-102 feeders in Part I and Tabular array 1, while Calabresi, appointed in 1994, missed the kickoff of this window by one year.

Figure 6. Courts.The Ninth Excursion continues to lead the list with 12 judges, followed past the Second Excursion with half-dozen. But the distribution is broader inside this smaller group. The Sixth Circuit emerges with 5 judges, including Karen Nelson Moore, a Clinton appointee with ten academic former clerks, and Jeffrey Sutton, a George W. Bush appointee and long-listing potential Republican SCOTUS appointee, with four. Xi district judges are in this mix, all in the range of 3–four former clerks.

Figure 7. Appointing President. No Trump appointee has produced an academic, likely because none has been on the bench long enough, and bereft time has lapsed since the cease of any clerkship to begin an academic career. The nigh recent appointee on the list is Raymond Lohier (Second Circuit), a 2010 Obama appointee, with four academic former clerks. Late-Clinton appointees have served longer than Bush appointees, offer more time for former clerks to state teaching jobs.

Figure 8. Prior Position. William Fletcher (Ninth Circuit) taught at University of California-Berkeley; Robert Katzmann (Second Excursion, senior approximate,) taught at Georgetown University; Moore taught at Example Western Reserve University; Jay Bybee (Ninth Circuit, senior judge) taught at Louisiana State University and Academy of Nevada-Las Vegas; and Michael McConnell (Tenth Circuit, resigned in 2009) taught at University of Chicago and University of Utah.

These five onetime academics represent 9.six percent of the 52 judges on the post-1995 list. By contrast, 20 percent of the top-102 overall judges in Table 1 joined the bench from the university, including v of the top seven and ten of the pinnacle 30. The dramatic reduction may signal a modify in the path from the university to the bench. Presidents are appointing fewer judges from the university. Alternatively, the former academics who reached the bench intersperse authorities service with their bookish appointments. For case, prior to his 2003 date to the 9th Excursion, Bybee worked in the executive co-operative for both Presidents Bush-league, including every bit head of the Part of Legal Counsel for George W. Bush.²²

Sixteen judges in this group are women, three are African American, and two are Hispanic. All but v remain on the bench, and 27 maintain active status; many should add to their totals in the coming years and should exist higher on the overall list 20 years from now. The lower terminate of this group again bunches — ten recent appointees accept four academic former clerks and 18 have three. The distribution across classes of law schools remains wide, with a smaller per centum of academic former clerks at summit-25 schools.

Table four(see appendix) offers a different fashion to represent academic feeders among newer judges — projecting from electric current rate of placement after 25 years or less on the bench to a 35-year judicial career. Xxx-five years represents a reasonable benchmark. It is close to the median fourth dimension on the bench for the acme-xxx judges (36 years) and the median time on the bench for the top seven (37 years). The 60 judges in Tabular array I with eleven or more bookish former clerks served (or proceed to serve) judicial careers of betwixt 35 and 40 years.

The 35-yr benchmark assumes similarities of historic period, historic period at appointment, involvement, wellness, and circumstances, although variance will affect length of service and numbers of academic former clerks. Information technology also assumes that frequency of clerks inbound education remains steady over a judicial career. But frequency might advance equally a judge serves longer, produces bookish former clerks, and develops a reputation for having police force clerks enter instruction, making her chambers bonny to clerks with academic ambitions. If frequency increases over time (something this study does not measure), numbers for some judges could ascension college.

Two judges — Robert Sack (Second Circuit, senior guess), and Thomas Ambro (Tertiary Circuit) — project into the coveted 20–thirty range.²³ Five others — A. Wallace Tashima (9th Excursion, senior judge), Kermit Lipez (Offset Circuit, senior judge), One thousand. Margaret McKeown (Ninth Circuit), Bybee, and Lohier — project into the upper teens. Seven judges who did not make the (admittedly arbitrary) eight-clerk cut in Table one would exceed eight in 35 years, five reaching into double digits — Marsha Berzon (Ninth Circuit), Julio Fuentes (Third Circuit, senior guess), Chester Straub (2nd Circuit, senior guess), Milan Smith (Ninth Circuit), and Lohier.

Several judges in this grouping could represent the next moving ridge of academic feeder judges. Lohier has iv academic former clerks in a decade on the bench. At that rate of .44 bookish clerks per term, he should reach ten clerks in another 14 years, meaning by his quarter-century marker on the bench, and at to the lowest degree fifteen clerks in a 35-yr career. Notably, Lohier turns 56 in 2021, then a 40-to-45-twelvemonth judicial career (and 20 academic former clerks) is not out of the question. Bybee'due south eight in 16 years projects to 17 in 35 years. Sutton (Sixth Excursion, appointed in 2003) has four academic former clerks in sixteen years, a charge per unit of .25 per yr, and a projection of 8 by 35 years; Jennifer Walker Elrod (5th Circuit, appointed in 2007) has 3 in 12 years, the same .25 rate, and the same projection of eight. Like Lohier, Elrod is in her early 50s and a 45-twelvemonth judicial career is possible, which would project to more than than ten academic former clerks.

McConnell offers an interesting what-if scenario. He was a leading ramble law and constabulary-and-religion scholar in a educational activity career at Academy of Chicago and University of Utah. He was appointed to the 10th Circuit in 2002 by George H.W. Bush but resigned in 2009 to join the Stanford police faculty. In less than seven years on the demote, McConnell produced vi academic former clerks, half at top-25 schools, a frequency of .86 academics per year, almost ane clerk per term inbound educational activity. Over a 35-twelvemonth career, this would accept projected to more than 30 academic former clerks, numbers similar to Williams, Posner, and Dorothy Nelson near the tiptop of the overall feeder group.

A final notable slice is the relative paucity of more-recent district-courtroom appointees. Of the eleven district judges in Tables 3 and 4, none has more than three academic former clerks. Five projection to five or more bookish former clerks in 35-twelvemonth careers. This contrasts with the larger list of 51 district judges in Part II and Table two; it includes longer-serving judges: 24 judges with half-dozen or more academic former clerks, xi with viii or more than, two with thirteen, and i with 14.

Iv. Land Courts

Table 5 shows 18 state-court judges (all but one on the land's highest courtroom) with 2 or more academic erstwhile clerks. Matthew Tobriner (Supreme Courtroom of California, retired in 1982) tops the list with viii.

The breakdown reflects the perceived decreased prestige of land courts and thus of state-courtroom clerkships as a path to academia. Of the xviii jurists, only Denise Johnson (Supreme Court of Vermont, appointed in 1990), John Broderick (Supreme Court of New Hampshire, appointed in 1995), and Roderick Republic of ireland (Supreme Judicial Courtroom of Massachusetts, appointed in 1997) joined their respective courts mail-1990. Only six of 18 remained on their corresponding courts post-2000, and none remains in active service.

V. SCOTUS Effects

A Supreme Courtroom clerkship offers a traditional and unique credential and path to police teaching, particularly at aristocracy schools.²⁴ This part considers the effect of Supreme Courtroom clerkships on academic placement.

A. Supreme Courtroom Clerks in Academia

Tabular array 6 shows academic former clerks for current justices and Table 7 shows bookish erstwhile clerks for former justices. Both tables(come across appendix) show the breakdown by theU.S. Newsrankings of the police schools at which former clerks teach.

More than 30 former clerks for each of David Souter, John Paul Stevens, Sandra Solar day O'Connor, and Thurgood Marshall remain on constabulary faculties. Ruth Bader Ginsburg — a police force professor at Rutgers and Columbia before joining the bench, who died in September 2020 — has 29 former clerks in teaching.

Among current justices, Stephen Breyer, a onetime law professor at Harvard, has 24 academic former clerks. From there, however, the drop on the electric current Court is steep, to Clarence Thomas'due south thirteen (in 28 years on the Court, a rate of less than one bookish for every two terms of law clerks), and the remaining justices in single digits.

Because these are raw numbers, time on the Court matters. Other than Thomas and Breyer, the current justices have served for 15 or fewer years. Sonia Sotomayor, appointed in 2009, has nine bookish onetime clerks,²⁵ triple John Roberts and Samuel Alito, both appointed four years earlier. Elena Kagan, a former professor at Academy of Chicago and dean at Harvard, appointed in 2010, has the same number of academic quondam clerks as Roberts and Alito. Neil Gorsuch (appointed by President Trump in 2017), Brett Kavanaugh (appointed in 2018), and Amy Coney Barrett (appointed in 2020) accept not been on the Courtroom long enough to have clerks enter teaching, for the same reasons as many lower-courtroom judges discussed in Role Three.²⁶ Stephanie Barclay did take a leave from her faculty position at Brigham Young University, a top-50 law school, to clerk for Gorsuch during October Term 2019.²⁷

A notable-but-unsurprising fact is that a significant pct of academic former Supreme Court clerks, regardless of overall number of placements for that justice, land at tiptop-25 schools. All iii of Kagan'south bookish former clerks and two of Roberts's academic former clerks teach at pinnacle- 25 schools, while eight of Sotomayor's ix teach in the meridian l.

B. Non-SCOTUS Clerks in Academia

The master focus of this written report has been identifying the academic feeders from among lower-court judges. As an bookish candidate, a former SCOTUS clerk is viewed less equally a "Court of Appeals Judge X clerk" than equally a "Justice Y clerk." Or she is viewed as both. Either mode, the Loftier Court clerkship does some of the work in establishing the candidate's aristocracy academic credentials. It as well confounds whether the lower-court guess serves as academic feeder or whether the lower-court judge serves as SCOTUS feeder with the SCOTUS clerkship serving as the academic feeder.

The lower-court judges identified as academic feeders overlap with the lower-courtroom judges recognized every bit SCOTUS feeders. Of Todd Peppers's pinnacle SCOTUS feeders for 1986–2004, 20 of the meridian 28 have at least eight academic sometime clerks.²⁸ Of Artemus Ward's and David Weiden'southward top SCOTUS feeders for 1962–2002, eight of the top ten remain in the top 102 for academics, including 15 of the peak 24 judges by frequency.²⁹ Of the eleven lower-courtroom judges who accept placed 20 or more clerks on SCOTUS since 2004, seven take ten or more bookish onetime clerks.³⁰ Of the xx lower-court judges who have placed between eight and 18 clerks on SCOTUS, nine have viii or more than quondam clerks in education.³¹ Using similar data, Adam Feldman identified x "about central" judges in producing Supreme Court clerks; seven announced in the top 102 (Table 1) and an eighth, Sutton, is among the leaders for mail service-1995 appointees and in 35-twelvemonth-projection (Tables three and 4).³²

Table 8(run across appendix) identifies "non-SCOTUS-feeder judges" with 11 or more than bookish former clerks. It reorders the lower-court judges in Table 1, isolating numbers of bookish former clerks for whom the lower-court clerkship represented the highest clerking credential (or 1 of several highest clerking credentials).

Calabresi remains atop the list, based on pure numbers; removing 15 SCOTUS clerks, he has produced nearly 30 academic quondam clerks. Dorothy Nelson, Reinhardt, and Williams remain in the top four. Of the remaining judges at the top of Table 1, Posner drops to eighth (from 28 to 16 academic former clerks), Wald to 23rd (20 to 12); and Edwards to 26th (23 to eleven). SCOTUS clerks represent more than one-half of academic former clerks for several judges most the top of Table 1. David Tatel (D.C. Circuit) drops from 19 bookish former clerks to nine; J. Harvie Wilkinson (Fourth Circuit) from 18 to seven; Pierre Leval (2d Circuit, senior judge) from 18 to 11; Michael Boudin (Offset Circuit, senior approximate) from 16 to seven; and Garland from 15 to eight. Each estimate is (or was, in Garland's case) recognized SCOTUS feeders, so much of their academic feeding overlaps with their SCOTUS feeding.

Meanwhile, Judith Rogers (D.C. Circuit), Dolores Sloviter (Third Circuit, senior judge), James Browning (Ninth Excursion, died in 2012), Damon Keith (Sixth Circuit, died in 2019), John Noonan (Ninth Excursion, died in 2017), John Walker (Second Circuit, senior judge), and Jane Roth (Tertiary Circuit, senior approximate) have high numbers of academic former clerks, none of whom clerked for SCOTUS. Betty Fletcher (Ninth Excursion, senior judge, died in 2012), Jon Newman (Second Circuit, senior judge), and Weinstein each had one one-time clerk laissez passer through the High Court. At the lower end, the extreme is J. Skelly Wright (D.C. Excursion, died in 1988), a known feeder judge during the Warren and Burger Courts.³³ Of eleven former Wright clerks remaining in law teaching, x clerked on SCOTUS.

VI. Judicial Snapshot: Conclusions and Limitations

The question is what to practice with this information or if it tells us anything. This role offers several descriptive and normative points, while recognizing some limitations on the study.

A. Not Causal or Advisory, just Correlative

Information technology is facile to say these results prove that budding academics should clerk for Guido Calabresi or Dorothy Nelson or Harry Edwards if given the opportunity, because doing and then will lead to a great career in law teaching. A budding anything in the legal profession should clerk for Guido Calabresi or Dorothy Nelson or Harry Edwards if given the opportunity, because doing so will lead to a swell career in police force. Nor do I expect a clerkship applicant to choose betwixt Estimate Ten and Judge Y based on these numbers, although the information may be of interest to the judges and to potential clerks with bookish ambitions. Nor is this an attempt at a causal statement — the clerkship is not a proximate cause for a person "getting" an academic job. These numbers instead reveal a correlation betwixt the clerking credential and the bookish job and betwixt particular judges and clerks interested in law teaching.

This is non to minimize the importance of the clerkship or the proper noun recognition of the guess in obtaining teaching jobs, which remain critical pieces of a teaching candidate's CV. Many judges serve as of import, often personal, references for entry-level candidates. Beingness a "Judge X Clerk" or "Justice Y Clerk," possibly with a strong recommendation from the jurist, helps secure an academic position.

Clerking and law pedagogy connect in natural ways. Both concenter high-achieving law students from tiptop constabulary schools. Both demand people personally and financially able to relocate for brusk-term jobs, perhaps multiple times. Someone may land a ane- or two-yr clerkship in a different state from where she attended constabulary schoolhouse (or plans to exercise) or multiple clerkships in unlike states; someone may movement multiple times in two or iii years for unlike clerking opportunities. An academic candidate has least control over where she lands a task, and a professor may teach or visit³⁴ at many schools in unlike locations over her career. The recent rise of VAPs, fellowships, and other entry-level teaching programs³⁵ adds a layer of brusk-term, geographically shifting piece of work on the academic career path. A potential bookish might attend police schoolhouse in one place, clerk for one year in some other place, move to a third place for a 2-year fellowship, then move elsewhere when she lands a permanent kinesthesia position. Finally, clerking and police force teaching require someone personally and financially able to earn less coin. Although their pay is substantial compared with other academics and well-nigh occupations, law professors earn less than their counterparts in private practice.

Only the modern legal university and the modern academic hiring procedure attenuate causal connections among guess, clerkship, and academic position.

The nature of academic hiring and the requirements for instruction jobs have inverse. Two or iii generations ago, the clerkship was the essential credential, and a phone call from the gauge or justice to the constabulary-schoolhouse dean was the ticket to the pedagogy job. Louis Brandeis favored clerks whom he believed would get police teachers.³⁶ It was a directly path from Harvard Law School to Brandeis Chambers to faculty function with a call or letter from Felix Frankfurter (then on the Harvard kinesthesia) well-nigh the constabulary student to the Justice and from the Justice about the law clerk to the dean of the hiring police force school.³⁷

Fewer modern faculty members movement directly from chambers (especially lower-courtroom chambers) to tenure-track faculty positions. Candidates seek further education³⁸ or teaching experience and fourth dimension to appoint in scholarly writing and publishing through VAP and fellowship programs;³⁹ all provide more than pregnant credentials for a position in the modern constabulary schoolhouse. Of course, such pre-tenure-track programs appear to hire potential academics based on constabulary school, academic operation, and clerkship; that is, the credentials that corralled a tenure-rail task two generations ago at present corral the fellowship that corrals the tenure-runway job.⁴⁰ The clerkship remains vital, but ane pace removed — rather than the clerkship helping a candidate obtain a tenure-rails teaching job, the clerkship helps her obtain the fellowship or VAP, which helps her obtain the teaching job. This formalizes the several-yr gap between finishing a clerkship and entering teaching, given the need to spend fourth dimension in pre-faculty positions.

The Great Recession of 2008 appears to have exacerbated the disconnect between clerkship and teaching. The economical downturn slowed faculty hiring, reducing the number of bookish opportunities for contempo clerks and for clerks from recently appointed judges. Co-ordinate to data nerveless by the legal-academic blogPrawfsBlawg, the number of self-reported new faculty hires reached 167 in 2008 and dropped from 155 in 2011 to 62 in 2017.⁴¹ A dissimilar report showed a reduction of more than than 1,400 total-time kinesthesia positions between 2010 and 2016,⁴² following a decade (1998–2008) during which law faculties grew by more than xl percentage.⁴³

New hires rose to 82 in 2019 and 88 in 2020 but remain most half of new hires for each yr in the tardily 2000s.⁴⁴ And any limited recovery in bookish hiring may be slowed — if not halted and reversed — past the unknown but potentially catastrophic economical effects of COVID-19 on legal educational activity,⁴⁵ which may include a new round of hiring freezes and faculty downsizing, reducing available bookish opportunities.

This modify in the hiring mural colors the study in ii respects. The high numbers of academic former clerks from top judges reflect the times in which their former clerks entered the legal academy. It was easier for Calabresi or Nelson or Posner to produce academic former clerks in 2008, when 167 new professors were hired in the middle of a decade of kinesthesia expansion. Lohier's iv academic former clerks in a decade or Bybee's seven in 16 years are stronger than raw numbers advise, given that their former clerks entered a market in which half as many pedagogy jobs were to exist had. Presuming faculty hiring never returns to pre-2011 numbers, newer judges, even those whose one-time clerks seek to enter education, may never reach similar placement levels. The new academic feeder approximate may produce academic former clerks in the teens rather than 20s or 30s. Fewer academic jobs and more post-clerkship requirements hateful longer clerkship-to-faculty lags, lower numbers, and more fourth dimension on the bench needed to produce a large group of former clerks and thus academic former clerks.

Finally, the irresolute nature of law practice perhaps affects academic hiring on the money-and-geography centrality. Many police force firms maintain dedicated Supreme Court and appellate practices, creating a specialized Supreme Court and appellate bar.⁴⁶ This new practice area offers onetime constabulary clerks a place to specialize in writing and speaking on high-level ramble and public-law bug, an opportunity that a generation or two ago was available primarily to academics. A former federal clerk can engage in prestigious and desirable "sexy" legal work while making law-business firm coin and living and working in her chosen major city. The university is no longer the sole or primary path to specializing in a particular type of prestige legal work.

B. Political Imbalance

The political imbalance among feeder judges is striking. Sixty of the acme 102 judges with eight or more former clerks in teaching are Autonomous appointees. Thirty-nine of 51 district judges with four or more academic quondam clerks are Democratic appointees. Forty-3 of 52 contempo (1995–present) judges are Democratic appointees.

Comparing two contempo appointees illustrates the imbalance. Lohier (Obama appointee to the 2nd Circuit in 2010) and Elrod (George W. Bush appointee to the Fifth Circuit in 2007) are close in historic period and were appointed three years apart. Equally of this study, Lohier has one more academic former clerk in 3 fewer years on the bench and more three times the annual rate. Lohier projects to 15 academic erstwhile clerks in 35 years, while Elrod projects to eight or 9 in the same period.

That political imbalance shows amid former SCOTUS clerks. Among the current justices with the about bookish erstwhile clerks (Breyer, Thomas, Sotomayor), two are Democratic appointees — and Breyer has more twice the number as Thomas in three fewer years on the Court. Brandeis envisioned the Supreme Court clerkship every bit a path to law teaching when he developed the model in the 1920s and '30s.⁴⁷ The numbers backed that up through the Warren and Burger Courts, with close to a quarter or more than of clerks for each justice, regardless of appointing president or ideology, entering legal academia, including 43 percent of Marshall clerks.⁴⁸

But William Nelson and his co-authors argue that the SCOTUS-to-academia path changed on the Rehnquist Court, specifically the Rehnquist Court as constituted from 1994–2005.⁴⁹ Of the v conservative-leaning justices, iii had less than 20 percent of old clerks enter teaching^.fifty Only Antonin Scalia — a faculty member at University of Chicago prior to joining the federal bench — produced academics at a rate of approximately 25 percent, which would have placed him on the lower end of the Warren and Burger Courts.⁵¹ And Scalia famously hired i "counter-clerk" each term — a clerk who did not share his conservative/originalist/textualist jurisprudence and would check the Justice's failure to adhere to his methodology⁵² — many of whom entered law education.⁵³ By contrast, O'Connor and the iv liberal-leaning justices of the Rehnquist Courtroom placed clerks at rates similar to their predecessors, with Souter continuing Marshall's tradition of well-nigh 45 pct of erstwhile clerks entering teaching.⁵⁴

At that place are benign explanations for this political imbalance. The creation of new judgeships in 1978 presented Carter with an unusually large number of vacancies to make full between 1978 and 1980. Assuming a filibuster of 5 years from clerkship to education job, clerks for late-Clinton and early-Bush-league appointees hit the teaching market during a decade of expanding faculties and waves of faculty hiring, while late-Bush and Obama appointees hit the teaching marketplace during a steep downturn in the hiring market.

A less benign explanation is that the imbalance demonstrates the long-complained-of anti-conservative bias on police faculties and in police-faculty hiring.⁵⁵ Party amalgamation may be an authentic indicator of judicial credo, and judges may hire ideologically sympathetic clerks, whether because judges seek matching clerks or because prospective clerks seek matching judges.⁵⁶ Information technology is less articulate how ideological preferences shape these practices on lower courts, especially district courts.⁵⁷ But the possibility of an ideological link to a purportedly conservative judge (or justice) may follow a purportedly bourgeois old clerk into the academy, where any hiring bias affects her chances at a education chore.

I indicator in the coming decade may be the teaching-market success of former clerks for Trump-appointed judges. Working with a Republican-controlled Senate in his ane term, President Trump appointed 226 judges, including 54 appellate judges.⁵⁸ Many were prominent, bourgeois, and ideological, selected with the assistance of Leonard Leo and the Federalist Guild.⁵⁹ They include several successful legal academics, including Stephanos Bibas (Third Circuit), a faculty member at the University of Pennsylvania; David Stras (Eighth Circuit), a faculty fellow member at the Academy of Minnesota;^lx and Barrett, a faculty member at Notre Dame. If these conservative judges concenter similarly bourgeois clerks who then seek academic positions, the clerks' success or failure in becoming academic former clerks may suggest something about hiring bias.

Ii facts may confound that conclusion. One is COVID-xix'southward unknown long-term negative effects on faculty hiring, with Trump-appointee former clerks entering an unfavorable job market, similar to that of 2011–2017.⁶¹ A 2nd may exist Trump's status equally an outlier president — he was impeached twice and concluded his term in office without acknowledging the election results or participating in the peaceful transition of presidential administrations. But many Trump judicial appointees were "traditional" Republican judges whom any Republican president would have appointed. That should be especially true for the court of appeals judges likely to attract budding academics as law clerks.

C. Irresolute Courts

1. Federal lower-court judges

The listing of academic feeders among lower-court judges skews towards courtroom of appeals judges, with hiring schools plain viewing those clerkships as more than prestigious and those former clerks as more desirable candidates. That skew is condign more pronounced.

Part I found 11 commune judges in the summit-102 judges (with viii or more than bookish former clerks). But none of those 11 was appointed post-1990; the latest, Kimba Woods, was appointed in 1988 and she is the terminal remaining on the bench. Of 51 commune judges with three or more than bookish former clerks (Table ii), 5 were appointed mail service-1990 and xiii remain on the bench. The 52 recent (1995–present) appointees (Tabular array 3) include xi district judges; all are at the lower end of the group with iii academic former clerks, and none projects to more than than six over a 35-twelvemonth career. In other words, fewer former district-court clerks are inbound legal academia. Many one-time commune-courtroom clerks on law faculties are on the back-end of their careers and are not being replaced past more recent clerks for current district judges.

Perhaps commune-guess placements are the well-nigh straight victim of the decrease in kinesthesia hiring. If, post-2008, 75 candidates get new education jobs each year rather than 160, the relative "prestige" of an appellate clerkship may explain schools hiring sometime appellate clerks, with no positions remaining for former district-court clerks. In addition, alternative paths to the academy peradventure brand former district clerks less highly-seasoned as candidates compared with a not-clerk candidate holding a Ph.D. or coming from an academic or public-interest fellowship with publications and some teaching experience.

2. State court judges

This trend is more than pronounced with state-court judges, with but xviii country-court judges having two or more than former clerks on current law faculties. And none of those eighteen remains in active service. This is not to disparage country-courtroom judges or the police force professors who began their careers on state supreme courts, either years ago or more recently. Simply information technology reflects the common perception of a loss in prestige of state courts and the conclusion by police force graduates with eyes toward teaching careers that federal courts, at whatsoever level, represent a amend path to the academy.

Several considerations might explicate the alter as to state-court judges.

There are more ane,300 state high- and intermediate-appellate-courtroom judges, compared with fewer than 900 Article Iii federal judges. State-court judges may relish shorter careers on the bench, as a bulk of states impose mandatory retirement by 70-to-75 years of historic period.⁶² It becomes impossible for one state-courtroom gauge to emerge equally a feeder over a 35- or twoscore-year career. And a land guess who develops such a reputation may find herself appointed to the federal bench, from which her clerks tin follow the easier and more common path to the legal academy. Of the 51 commune judges in Part Two and Tabular array ii, 11 joined the federal demote from the state bench, three since 1990. Of the 52 judges appointed since 1995 (Office Three and Tabular array 3) with three or more clerks, ten joined the federal bench from the land bench.

Some other consideration is jurisdiction. Land courts focus on land law; law school curricula less so. Thirty-four states accept adopted the Uniform Bar Test. The Uniform Commercial Code and other uniform laws tin be used to teach land law courses (Contracts, Torts, Property) in a not-state-specific way. And scholars in these areas likely write on general principles in these uniform laws, non the specifics of 1 state. The state-specific clerkship on a land's highest courtroom may be less appealing to a budding academic or to a police force-school hiring committee. Even if state constitutional constabulary stages a comeback,⁶³ ramble law courses remain focused on the Constitution of the U.s.a. and its various amendments.

D. Where Nosotros Are and Where Nosotros Are Going

This report remains a snapshot of the clerkship/bookish pipeline, capturing 1 moment in time — law faculties as of fall 2019. The names and numbers of judges and professors would take looked different 25 years ago; they will expect different if this written report is repeated 25 years from now.

The snapshot nature results from the regular menses of clerks (who typically work in chambers for one twelvemonth, two years at nigh), judges, and law professors. Judges bring together and leave the bench and hire new batches of three or 4 clerks each year; the longer a approximate serves on the demote, the more clerks she hires and the more than opportunities to hire hereafter academics. People join and leave law faculties each year. Academics should outlast their judges — a 25-year-former who clerks for a sixty-year-quondam guess and embarks on a l-year academic career volition exist on a law faculty long after her estimate has left the bench. Federal judges serve for many years, producing many former clerks who remain in their didactics jobs for many years.

Three long-agone examples illustrate the indicate. Twelve old clerks for David Bazelon (Harry Truman appointee to the D.C. Circuit, died in 1993) and xi former clerks for J. Skelly Wright (John Kennedy appointee to the same court, died in 1988) remain in the legal academy. Both numbers about certainly were higher in 1985, when both were on the demote and large numbers of their quondam clerks were in the heart of their teaching careers. Nine former clerks for Henry Friendly (Dwight Eisenhower appointee to the 2d Circuit, died in 1986) remain in the academy, a number that would accept been college in 1985. Friendly was known for hiring clerks from across the political spectrum, many of whom became prominent legal scholars of all ideological stripes.⁶⁴

In a similar vein, if this written report is repeated in 2055, far fewer sometime Calabresi, Posner, or Wald clerks will remain on police force faculties. The question is whose erstwhile clerks will replace them. Eighteen of the judges in Tabular array 1 retain active condition, including nine judges with xi or more bookish former clerks; their numbers and their positions on this listing should ascension over the coming decades. Based on Table 4, Sack, Ambro, Bybee, Katzmann, Tashima, Lipez, McKeown, Fletcher, and Lohier "project" close to or more than 20 academic erstwhile clerks, should they keep at their current rates and remain on the bench for 35 or more years.

Footnotes:

*** Thank you to Francis Curiel (FIU '21), Gabriel Diaz (FIU '21), Chandler Lefevere (FIU '21), Sandra Meija (FIU 'twenty), and Cecilia Torres-Toledo (FIU '20) for research assistance. Thanks to the Honorable Harry T. Edwards, Josh Blackman, Eric Carpenter, Christine Chabot, Adam Levitin, Matthew Lister, Thomas Chief, M,C. Mirow, Roger Michalski, Charles "Rocky" Rhodes, David Schleicher, and participants in faculty workshops at FIU and University of Pittsburgh for comments and suggestions, including new avenues of enquiry exploration and new and corrected data. Cheers to the several federal judges who responded to an early typhoon of the newspaper.***

¹ Artemus Ward & David 50. Weiden, Sorcerers' Apprentices: 100 Years of LawClerks at the U.s. Supreme Court 107–08 (2006); Todd C. Peppers, Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court LawClerk 31–34 (2006); Alexandra 1000. Hess,The Collapse of the Business firm That Ruth Congenital: The Impact of the Feeder System on Female Judges and the Federal Judiciary, 1970-2014, 24 Am. U. J. GenderSoc. Politician'y & 50. 61 (2015); William E. Nelson et al.,The Liberal Tradition of the Supreme Court Clerkship: Its Ascent, Autumn, and Reincarnation?, 62 Vand. L. Rev. 1721, 1778–79 (2009); Brad Snyder,The Judicial Genealogy (and Mythology) of John Roberts: Clerkships from Gray to Brandeis to Friendly to Roberts, 71 Ohio St. L.J. 1149, 1216 (2010).

^two Ward & Weiden,supranotation 1, at 76–85; Snyder,supraannotation i, at 1216.

ⁱⁱⁱ Peppers,supranote 1, at 33–34.

⁴ These statistics were drawn from almanac reporting pastAbove the Lawon clerks for the upcoming Supreme Court term dating to 2004.Run across, eastward.g., David Lat,Supreme Courtroom Hiring Watch, Above the Law(Jun. 18, 2019, 6:18 PM), https://abovethelaw. com/2019/06/supreme-court-clerk-hiring-lookout man-the-return-of-the-tiger-cub/.

^v Olyfunmilayo B. Arewa, Andrew P. Morriss, & William D. Henderson,Enduring Hierarchies in American Legal Teaching, 89 Ind. L.J. 941, 995–96 ⁽2014); Gerald F. Hess, Michael Hunter Schwartz, & Nancy Levit,Fifty Ways to Promote Instruction and Learning, 67 J. Legal Educ. 696, 698 & due north.7 (2018); Lucinda Jesson,So Yous Desire to Be a Police Professor, 59 J. Legal Educ. 450, 452–53 (2010); Jessica Erickson,Last Reflections on VAP/ Fellowship Interview Series, PrawfsBlawg (Dec. 10, 2019), https://prawfsblawg.blogs.com/prawfsblawg/2019/12/concluding-reflections-on-vapfellowship-interview-series.html.

⁶ Legal Education at a Glance, Donkey'northward of Am. 50. Schs. (Jan. 25, 2021), https://www.aals.org/wp-content/uploads/2021/01/2020-Legal-Ed-at-a- Glance.pdf.

^seven Many judges on the listing were appointed to the district courtroom, and then elevated to the court of appeals, either by the same president or a successor. For simplicity and infinite, the tabular array lists the gauge's highest court of service and the president and twelvemonth of the original engagement to the federal demote. For example, Gauge Jane Roth was appointed to the District of Delaware past President Reagan in 1985, then elevated to the Third Excursion by President George H.W. Bush-league in 1991. On the table, she is listed equally on the Third Circuit, but appointed by President Reagan, with service from 1985–present.

^viii A federal guess tin "retire from the office" on full salary nether the "Rule of 80," where historic period + years of service equal 80. 28 U.s.C. § 371(a), (c).

^nine A judge who satisfies the requirements for retirement can assume "senior status," retiring from "regular service" but retaining "the office." Id. § 371(b)(one), (c). Marin M. Levy,The Promise of Senior Judges, 115 Nw. U. L. Rev. 1227, 1240 (2021). This can create some dubiety, because a senior estimate can cease doing judicial work while retaining the designation of senior status. The Federal Judicial Middle biographies categorize a judge as retired but if she submits a letter announcing retirement; otherwise, she is designated as "senior," regardless of whether she continues to perform judicial functions.

^ten FJC categorizes a judge every bit "resigned" when she leaves the bench prior to satisfying the Rule of 80.

¹¹ Rankings are based on U.South. News & Globe Report 2021 Law School Rankings, bachelor at https:// www.usnews.com/all-time-graduate-schools/top-law-schools/police force-rankings. Schools are divided into five brackets—Meridian-25, 26–50, 51–100, 101–150, 151-and beneath.

¹² Fed. Jud. Ctr., https://www.fjc.gov/history/judges.

¹³ Eight tables containing this information are bachelor for viewing and download at the Judicature website (judicature.duke.edu) and can be viewed in conjunction with the commodity. Data in print and online in this article, such equally a approximate's current status, was accurate every bit of printing time, but may have inverse.

¹⁴ Weinstein ceased performing judicial functions in 2020.Run intoAlan Feuer,A Legal Lion Lays Down His Gavel With a Ruling of 'Love, Not Detest', N.Y. Times, Feb. 17, 2020. But the FJC continues to record his status every bit "senior gauge."See supraannotation 9.

¹⁵ See, e.k., Christopher J. Banks,The Politics of En Banc Review in the "Mini Supreme Court", thirteen J.Fifty. & Pol. 377, 379 (1997).

^xvi Pub. L. No. 95-486, 92 Stat. 1629 (1978).

¹⁷ Mikva left the bench later on 15 years to serve every bit White House Counsel under President Clinton, and so went on to teach at the University of Chicago. A 35-year judicial career might take placed him well into the 20s. Mikva's figure of current bookish former clerks does non include Elena Kagan, who taught at Chicago and served as Dean at Harvard but left the academy to pursue other endeavors.

¹⁸ To give one instance: Louis Pollak, appointed by President Carter to the district courtroom at historic period 56 in 1978, was 71 by the time President Clinton took role in 1993. Pollak assumed senior condition in 1991, took a reduced district courtroom caseload, and spent xx years regularly sitting by designation on courts of appeals, particularly the 3rd Circuit, creating a unique hybrid trial/appellate clerkship.

¹⁹ A respected trial-court approximate, Wood was President Clinton's choice for Attorney Full general, but to have the nomination withdrawn when it was revealed that Wood had employed an undocumented immigrant as her children'south nanny (at a fourth dimension when it was legal to do so).Run intoStephen L. Carter, The Confirmation Mess: Cleaning Up the Federal Appointments Process 207 & northward.3 (1994).

²⁰ Many police force professors earn Ph.Ds in a discipline in improver to their constabulary degrees, either while in law school or following law school and clerking. Cf.Justin McCrary, Joy Milligan, & James Phillips,The Ph.D. Rises in American law Schools, 1960–2011: What Does Information technology Mean for Legal Education?, 65 J. Legal Educ. 543 (2016). Yale Law School offers a Ph.D. plan in police, a research-focused graduate degree that allows a transition from J.D. and clerkship to teaching. https://law.yale. edu/studying-police-yale/degree-programs/graduate-programs/phd-program.

²¹ Hess, Schwartz, & Levit,supranotation 5, at 698 & n.7;supranote 5.

²² Bybee gained notoriety for signing the legal memorandum authorizing "enhanced interrogation techniques." Keith A. Petty,Professional Responsibleness Compliance and National Security Attorneys: Adopting the Normative Framework of Internalized Legal Ethics, 2011 Utah 50. Rev. 1563, 1605–07; Jesselyn Raddack,Tortured Legal Ideals: The Role of the Authorities Advisor in the State of war on Terror, 77 U. Colo. L. Rev. 1, 37 (2006).

²³ Merrick Garland (D.C. Circuit) would take topped this group, but he left the bench in 2021, after less than 25 years, to get Attorney Full general under President Biden. This marked Garland'due south 2d potential move off the D.C. Excursion. Five years before becoming Chaser Full general, Garland was nominated past President Obama to fill the Supreme Courtroom seat vacated by the 2016 death of Antonin Scalia; the Republican-controlled Senate never acted on the nomination, preserving the vacancy for the next president. Jonathan H. Adler,The Senate Has No Constitutional Obligation to Consider Nominees, 24 Geo. Mason L. Rev. 15 (2016); Robin Bradley Kar & Jason Mazzone,The Garland Affair: What History and the Constitution Actually Say Most President Obama's Powers to Engage a Replacement for Justice Scalia, 91 Northward.Y.U. L. Rev. Online 53 (2016).

²⁴ Nelson et al.,supranote 1, at 1757–58.

²⁵ Eleven current total-time law teachers clerked for Sotomayor in her six years on the Southern Commune of New York and 12 years on the Second Circuit.

²⁶ Gorsuch produced three academics in a decade on the Tenth Circuit and Kavanaugh three in 12 years on the D.C. Circuit. Barrett served on the Seventh Excursion for less than three years earlier her elevation, not enough time to produce any academics.

²⁷ BYU's Law Professor Stephanie Barclay to clerk for Justice Neil Gorsuch, BYU Police News, https:// constabulary.byu.edu/news/byu-laws-professor-stephanie-barclay-to-clerk-for-justice-neil-gorsuch.

²⁸ Peppers,supranote 1, at 33–34.

²⁹ Ward & Weiden,supranote 1, at 76–85.

^thirty Data based onHigher up the Lawreporting of SCOTUS clerk hiring. Seesupranote iv.

³¹ Data based onAbove the Lawreporting of SCOTUS clerk hiring.See supranote 4.

³² Adam Feldman,A Formula for Supreme Courtroom Clerkships? Harvard and Garland, Empirical SCOTUS, Aug. ten, 2016, https://empiricalscotus.com/formula/.

³³ Peppers,supranote 1, at 32.

³⁴ Tess Ryan-Wilkinson,On Visiting, Medium (Jan. 6, 2020), https://medium.com/@tesswr/on-visiting-585f1abdec2e.

³⁵ Arewa et al.,supranote 5, at 995–96; Hess, Schwartz, & Levit,supranotation 5, at 698 & north.seven; Jesson,supranote 5, at 452–53.

³⁶ Nelson et al.,supranotation 1, at 1757–58; Snyder,supranotation 1, at 1162.

³⁷ Nelson et al.,supranote one, at 1757–58; Snyder,supranote i, at 1162.

³⁸ See supraannotation 20.

³⁹ Arewa et al.,supranotation 5, at 995–96; Hess, Schwartz, & Levit,supranote five, at 698 & due north.7; Jesson,supranote five, at 452–53.

⁴⁰ Hess, Schwartz, & Levit,supranotation 5, at 995–96.

⁴¹ Sarah Lawsky,Spring Reported Entry-Level Hiring Report 2020, PrawfsBlawg (May 15, 2020), https://prawfsblawg.blogs.com/prawfsblawg/2020/05/spring-reported-entry-level-hiring-report-2020-1.html.

⁴² Benjamin A. Barton, Fixing Law Schools: From Collapse to the Trump Bump and Beyond 90 (2019); Eric A. Chiappinelli, Just Like Pulling Teeth: How Dental Didactics'southward Crunch Shows the Way Forward for Law Schools, 48 Seton Hall L. Rev. 1, 10–xi (2017).

⁴³ Barton,supranotation 42, at 90.

⁴⁴ Lawsky,supraannotation 41.

⁴⁵ Gabriel Kuris,The Affect of the Coronavirus on Legal Education, U.S. News & World Report (Mar. 23, 2020), https://www.usnews.com/education/blogs/law-admissions-lowdown/articles/the-impact-of-the-coronavirus-on-legal-education.

⁴⁶ Richard J. Lazarus,Advocacy Matters Before and Within the Supreme Court: Transforming the Courtroom By Transforming the Bar, 96 Geo. L.J. 1487, 1498–1501 (2008); Jeremy Pilaar,The Making of the Supreme Courtroom Bar: How Business Created a Solicitor General for the Individual Sector, 117 Mich. L. Rev. Online 75, 75–76 (2018); Joseph W. Swanson,Feel Matters: The Rising of a Supreme Court Bar and its Effect on Certiorari, nine J. App. Prac. & Procedure 175, 176–78 (2007).

⁴⁷ Nelson et al.,supraannotation one, at 1757–58.

⁴⁸ Nelson et al.,supranote 1, at 1764–65.

⁴⁹ That ix-fellow member Court served unchanged for eleven years and ane month, the second-longest-serving unchanged Court in history and the longest-serving since Congress set the Court's size at nine justices in 1869. Howard M. Wasserman,New courts (Updated), PrawfsBlawg (Sept. 20, 2020), ^https://prawfsblawg.blogs.com/prawfsblawg/2020/09/new-courts.html.

^l Nelson et al.,supranote 1, at 1780–81.

⁵¹Id.

52 Ian Samuel,The Counter-Clerks of Justice Scalia, 10 N.Y.U. J. of Law& Lib. i, 2–3 (2016); Gil Seinfeld,Reflections of a Counterclerk, 114 Mich. L. Rev. 111, 113 (2016). Thanks to Christine Chabot for suggesting this point.

⁵³ Samuel,supranote 52, at iv–8.

⁵⁴ Nelson et al.,supranotation ane, at 1782.

⁵⁵ Come across, e.chiliad., Adam Bonica, Adam Chilton, Kyle Rozema, & Maya Sen,The Legal University'south Ideological Uniformity, 47 J. Legal Stud. i, 3 (2018); John O. McGinnis, Matthew A. Schwartz & Benjamin Tisdell,The Patterns and Implications of Political Contributions by Aristocracy Law Schools, 94 Geo. L.J. 1167, 1168–69 (2005); James C. Phillips,Political Discrimination and Police force Professor Hiring, 12 N.Y.U. J.50. & Liberty 560, 565–66 (2019);but seeMichael Vitiello,Liberal Bias in the Legal Academy: Overstated and Undervalued, 77 Miss. L.J. 507, 510–11 (2007).

⁵⁶ Lawrence Baum,Hiring Supreme Court Constabulary Clerks: Probing the Ideological Linkage Between Judges and Justices, 98 Marq. Fifty. Rev. 333, 335 (2014); Paul Horwitz,Clerking for Grown-Ups: A Tribute to Judge Ed Carnes, 69 Ala. L. Rev. 663, 673 (2018);but meetSnyder,supranotation 1, at 1210 (describing practice of 2d Excursion Gauge Henry Friendly, a conservative Republican, to hire clerks from across the political spectrum).

⁵⁷ Baum,supraannotation 56, at 335; Horwitz,supranote 56, at 673.

⁵⁸ John Gramlich,How Trump compares with other recent presidents in appointing federal judges, PewResearch Ctr.: FactLink (Jan. 21, 2021), https://www.pewresearch.org/fact-tank/2021/01/xiii/how-trump-compares-with-other-recent-presidents-in-appointing-federal-judges/.

⁵⁹ Carl Tobias,President Donald Trump and Federal Bench Diverseness, 74 Wash. & Lee 50. Rev. Online 400, 411–12 (2018); Daniel Bush,Trump's conservative picks will touch on courts for decades, PBS.org (October. 25, 2019), https://www.pbs.org/newshour/politics/trumps-conservative-picks-volition-impact-courts-for-decades.

⁶⁰ Stras left teaching to serve on the Minnesota Supreme Court before beingness appointed to the federal court.

⁶¹See supranote 45 and accompanying text.

⁶² William E. Raftery,Mandatory Retirement Ages,Nat'l Ctr. for State Cts. (2010), https://cdm16501.contentdm.oclc.org/digital/collection/judicial/id/308.

⁶³ Jeffrey S. Sutton, 51 Imperfect Solutions: States and the Making of Constitutional Constabulary(2018).

⁶⁴ Snyder,supranote 1, at 1210.

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Appendix

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Source: https://judicature.duke.edu/articles/academic-feeder-judges-are-clerkships-the-key-to-academia/

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