emkay625 wrote:I'm curious as to how you think judges should make these kinds of decisions. Thinking realistically, what would you have them do? They receive, let's say, 500 applicants. (It will be lower or higher depending on the court, but for lots of federal courts, that would not be an unrealistic number). They have two law clerks, who already work about 60-70 hours a week.
How, exactly, do you propose those law clerks read through those 500 applications, all of whom have good grades, and 95% of whom went to Tier 1 schools, without using some kind of GPA/school cutoff combination? All of these people, as they all have good grades from good schools, have worthwhile legal work experience and all of them generally have pretty interesting resumes. What other way is there to do it? There are other factors - for example, legal writing grades are important to some judges and a good grade in LRW can help you get pulled even if your GPA is a teensy bit lower than others and a bad one can get you left behind even if your GPA is higher than others. Some judges pull for law review ed board experience, as well. But when you have about 1-2 minutes to evaluate an application, what kinds of things do you want them to be looking at? Comparing interest lines? Surely that seems even worse. Yes, grades can be somewhat arbitrary and we're talking hundredths and tenths of points in many cases.....but what else is there, exactly?
this is like the third time I've been asked this, but I will reply because you raise some interesting issues.
Things like ed-board experience on law review or moot court would be very meaningful to me because it shows that an applicant is able to balance their study time with other responsibilities. It also shows that they are interested in the law beyond just making good grades.
LRW grades is another good one. I don't know how it works elsewhere, but at my school LRW is the only doctrinal class not graded on the basis of one exam. Rather, it's graded on multiple writing assignments. It correlates much more strongly to what a law clerk does, in my opinion.
Also, if you read my previous posts, the federal judiciary could place a hard cap on the number of apps students could send, which would bring that number down from 500 to something substantially lower.
Finally, the judiciary could lobby Congress for more money for human resources, so that they could do much of the heavy lifting and take some of the burden off law clerks. That's not likely to happen soon, or ever, given our current Congress. But you asked, and that's my answer.