Heard thirdhand that Costa had at least started extending interviews.Anonymous User wrote: ↑Wed Jun 17, 2020 5:00 pmHas anyone heard anything about Judge Costa interviews?
Let's talk 5th Circuit! Forum
Forum rules
Anonymous Posting
Anonymous posting is only appropriate when you are sharing sensitive information about clerkship applications and clerkship hiring. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.
Failure to follow these rules will get you outed, warned, or banned."
Anonymous Posting
Anonymous posting is only appropriate when you are sharing sensitive information about clerkship applications and clerkship hiring. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.
Failure to follow these rules will get you outed, warned, or banned."
-
- Posts: 428107
- Joined: Tue Aug 11, 2009 9:32 am
Re: Let's talk 5th Circuit!
-
- Posts: 8502
- Joined: Thu May 28, 2015 5:01 pm
Re: Let's talk 5th Circuit!
Of all the very important issues, I'm glad FedSoc judges and clerks are concerned about paper money. Talk about priorities in the right place.Anonymous User wrote: ↑Wed Jun 17, 2020 7:21 pmAnonymous User wrote: ↑Wed Jun 17, 2020 6:49 pmAre you joking about those being normal questions?Anonymous User wrote: ↑Wed Jun 17, 2020 2:53 pmAnonymous User wrote: ↑Sat Jun 13, 2020 9:50 pmThat sounds terrifying. What kinds of questions are asked?Anonymous User wrote: ↑Fri Jun 12, 2020 11:05 pmThough he is lovely, his interview is INTENSE--lasts all day...The clerks love their judge and so the interview is a marathon of tough (but very fair for a prepared candidate) questions.
The questions are a lot of the things you would expect in a normal interview*. The difficulty comes from the fact that you have to be "on" for so long--it's mentally exhausting. Notice, though, that the clerks have a lot of discretion, so the specific questions change from year to year.
*E.g. If you could only have even or odd amendment, which would you have? Is paper money unconstitutional under an originalist reading of the constitution?
Those seem fairly typical for the FedSoc judges
-
- Posts: 428107
- Joined: Tue Aug 11, 2009 9:32 am
Re: Let's talk 5th Circuit!
It's to figure out if the applicant has any idea what originalism is and how to constitutionally interpret an issue they likely haven't thought of before - see how they think through the decision and defend it.lavarman84 wrote: ↑Wed Jun 17, 2020 8:59 pmOf all the very important issues, I'm glad FedSoc judges and clerks are concerned about paper money. Talk about priorities in the right place.Anonymous User wrote: ↑Wed Jun 17, 2020 7:21 pmAnonymous User wrote: ↑Wed Jun 17, 2020 6:49 pmAre you joking about those being normal questions?Anonymous User wrote: ↑Wed Jun 17, 2020 2:53 pmAnonymous User wrote: ↑Sat Jun 13, 2020 9:50 pmThat sounds terrifying. What kinds of questions are asked?Anonymous User wrote: ↑Fri Jun 12, 2020 11:05 pmThough he is lovely, his interview is INTENSE--lasts all day...The clerks love their judge and so the interview is a marathon of tough (but very fair for a prepared candidate) questions.
The questions are a lot of the things you would expect in a normal interview*. The difficulty comes from the fact that you have to be "on" for so long--it's mentally exhausting. Notice, though, that the clerks have a lot of discretion, so the specific questions change from year to year.
*E.g. If you could only have even or odd amendment, which would you have? Is paper money unconstitutional under an originalist reading of the constitution?
Those seem fairly typical for the FedSoc judges
-
- Posts: 8502
- Joined: Thu May 28, 2015 5:01 pm
Re: Let's talk 5th Circuit!
I was half joking. I'm just saying that when I got the test, the interviewer (wasn't interviewing for a clerkship) asked much more significant questions. I feel like they can do better than paper money.Anonymous User wrote: ↑Wed Jun 17, 2020 9:40 pmIt's to figure out if the applicant has any idea what originalism is and how to constitutionally interpret an issue they likely haven't thought of before - see how they think through the decision and defend it.
-
- Posts: 100
- Joined: Fri Dec 13, 2019 9:01 pm
Re: Let's talk 5th Circuit!
This is so dumb, although I can’t say I’m surprisedAnonymous User wrote: ↑Wed Jun 17, 2020 2:53 pmAnonymous User wrote: ↑Sat Jun 13, 2020 9:50 pmThat sounds terrifying. What kinds of questions are asked?Anonymous User wrote: ↑Fri Jun 12, 2020 11:05 pmThough he is lovely, his interview is INTENSE--lasts all day...The clerks love their judge and so the interview is a marathon of tough (but very fair for a prepared candidate) questions.
The questions are a lot of the things you would expect in a normal interview*. The difficulty comes from the fact that you have to be "on" for so long--it's mentally exhausting. Notice, though, that the clerks have a lot of discretion, so the specific questions change from year to year.
*E.g. If you could only have even or odd amendment, which would you have? Is paper money unconstitutional under an originalist reading of the constitution?
Want to continue reading?
Register now to search topics and post comments!
Absolutely FREE!
Already a member? Login
- rhododactylos
- Posts: 98
- Joined: Mon Mar 17, 2014 9:35 pm
Re: Let's talk 5th Circuit!
Clerked for a FedSoc judge on another court. We asked a similar question too (not the same one). If you get one like this your ultimate position on the issue doesn't matter. We're looking for you to: (1) identify the issue, whether the verb "coin" in Article I means "to make coins" or something broader, like, "to establish an American currency; and (2) walk us through how you'd resolve this question (if you're an originalist, you'd look at how the term "coin" was used when Article I was drafted and might also talk about looking at the Federalist, the covention debates, etc.). If you give an answer that has nothing to do with Article I and the coining clause, you're not thinking about the issue the way the judge wants you to, and you're probably not a fit.
-
- Posts: 428107
- Joined: Tue Aug 11, 2009 9:32 am
Re: Let's talk 5th Circuit!
Out of curiosity, are we expected to memorized all of Congress's enumerated powers by the interview, or are we allowed to bring a pocket Constitution?rhododactylos wrote: ↑Thu Jun 18, 2020 11:17 amClerked for a FedSoc judge on another court. We asked a similar question too (not the same one). If you get one like this your ultimate position on the issue doesn't matter. We're looking for you to: (1) identify the issue, whether the verb "coin" in Article I means "to make coins" or something broader, like, "to establish an American currency; and (2) walk us through how you'd resolve this question (if you're an originalist, you'd look at how the term "coin" was used when Article I was drafted and might also talk about looking at the Federalist, the covention debates, etc.). If you give an answer that has nothing to do with Article I and the coining clause, you're not thinking about the issue the way the judge wants you to, and you're probably not a fit.
-
- Posts: 428107
- Joined: Tue Aug 11, 2009 9:32 am
Re: Let's talk 5th Circuit!
Anonymous User wrote: ↑Thu Jun 18, 2020 11:33 amOut of curiosity, are we expected to memorized all of Congress's enumerated powers by the interview, or are we allowed to bring a pocket Constitution?rhododactylos wrote: ↑Thu Jun 18, 2020 11:17 amClerked for a FedSoc judge on another court. We asked a similar question too (not the same one). If you get one like this your ultimate position on the issue doesn't matter. We're looking for you to: (1) identify the issue, whether the verb "coin" in Article I means "to make coins" or something broader, like, "to establish an American currency; and (2) walk us through how you'd resolve this question (if you're an originalist, you'd look at how the term "coin" was used when Article I was drafted and might also talk about looking at the Federalist, the covention debates, etc.). If you give an answer that has nothing to do with Article I and the coining clause, you're not thinking about the issue the way the judge wants you to, and you're probably not a fit.
You should know them pretty well already, but I was also given a copy of the relevant parts of the Constitution during my interviews.
-
- Posts: 428107
- Joined: Tue Aug 11, 2009 9:32 am
Re: Let's talk 5th Circuit!
Libya wrote: ↑Thu Jun 18, 2020 1:17 amThis is so dumb, although I can’t say I’m surprisedAnonymous User wrote: ↑Wed Jun 17, 2020 2:53 pmAnonymous User wrote: ↑Sat Jun 13, 2020 9:50 pmThat sounds terrifying. What kinds of questions are asked?Anonymous User wrote: ↑Fri Jun 12, 2020 11:05 pmThough he is lovely, his interview is INTENSE--lasts all day...The clerks love their judge and so the interview is a marathon of tough (but very fair for a prepared candidate) questions.
The questions are a lot of the things you would expect in a normal interview*. The difficulty comes from the fact that you have to be "on" for so long--it's mentally exhausting. Notice, though, that the clerks have a lot of discretion, so the specific questions change from year to year.
*E.g. If you could only have even or odd amendment, which would you have? Is paper money unconstitutional under an originalist reading of the constitution?
Would you prefer we ask, "So what do you want to know about the clerkship" 500 times?
Last edited by Anonymous User on Thu Jun 18, 2020 11:52 am, edited 1 time in total.
-
- Posts: 428107
- Joined: Tue Aug 11, 2009 9:32 am
Re: Let's talk 5th Circuit!
Loads of movement. Both Tyler judges are interviewing. Jordan is interviewing. Kacsmaryk is full. Starr has hired some. Fitzwater and Lynn and O'Connor are interviewing (he has hired at least one). Hendrix has hired some.Anonymous User wrote: ↑Wed Jun 17, 2020 3:45 pmHas there been a lot of movement at the Texas district courts? Asking specifically about N.D. Tex. and E.D. Tex.
Get your apps in NOW.
- rhododactylos
- Posts: 98
- Joined: Mon Mar 17, 2014 9:35 pm
Re: Let's talk 5th Circuit!
Yeah, you should know the big constitutional powers generally but for a question like this I'd expect that the clerks would give you the text, or you'd be given a pocket constitution. We had a pocket constitution on the table for the portion of the interview where we asked conlaw questions.
-
- Posts: 428107
- Joined: Tue Aug 11, 2009 9:32 am
Re: Let's talk 5th Circuit!
*Not previous posterAnonymous User wrote: ↑Thu Jun 18, 2020 11:33 amOut of curiosity, are we expected to memorized all of Congress's enumerated powers by the interview, or are we allowed to bring a pocket Constitution?rhododactylos wrote: ↑Thu Jun 18, 2020 11:17 amClerked for a FedSoc judge on another court. We asked a similar question too (not the same one). If you get one like this your ultimate position on the issue doesn't matter. We're looking for you to: (1) identify the issue, whether the verb "coin" in Article I means "to make coins" or something broader, like, "to establish an American currency; and (2) walk us through how you'd resolve this question (if you're an originalist, you'd look at how the term "coin" was used when Article I was drafted and might also talk about looking at the Federalist, the covention debates, etc.). If you give an answer that has nothing to do with Article I and the coining clause, you're not thinking about the issue the way the judge wants you to, and you're probably not a fit.
I can't tell if this is a joke but I will answer it seriously. I went through two interviews and both allowed me to grab a copy of the constitution. One told me to grab my copy of the constitution (presuming I had one on me), and in the other, I asked if I could have one (they printed it on the spot lol). I think actually looking at the text is a positive that shows you don't try to do everything off the cuff. Honestly, I would recommend bringing your own.
-
- Posts: 428107
- Joined: Tue Aug 11, 2009 9:32 am
Re: Let's talk 5th Circuit!
"Pocket constitution" anon. It wasn't a joke.rhododactylos wrote: ↑Thu Jun 18, 2020 11:45 amYeah, you should know the big constitutional powers generally but for a question like this I'd expect that the clerks would give you the text, or you'd be given a pocket constitution. We had a pocket constitution on the table for the portion of the interview where we asked conlaw questions.
Thanks - I don't expect an interview with any FedSoc judges(due to my lower credentials and lack of political indications), but those questions actually sound kind of fun.
Register now!
Resources to assist law school applicants, students & graduates.
It's still FREE!
Already a member? Login
-
- Posts: 428107
- Joined: Tue Aug 11, 2009 9:32 am
Re: Let's talk 5th Circuit!
I’ve done a good number of Fed Soc interviews and never gotten anything this gimmicky. Lots of questions on how you’d address a hard constitutional problem which gets at the same thing, but nothing requiring you to bring your own pocket constitution, which sounds absurd.Anonymous User wrote: ↑Thu Jun 18, 2020 11:48 am*Not previous posterAnonymous User wrote: ↑Thu Jun 18, 2020 11:33 amOut of curiosity, are we expected to memorized all of Congress's enumerated powers by the interview, or are we allowed to bring a pocket Constitution?rhododactylos wrote: ↑Thu Jun 18, 2020 11:17 amClerked for a FedSoc judge on another court. We asked a similar question too (not the same one). If you get one like this your ultimate position on the issue doesn't matter. We're looking for you to: (1) identify the issue, whether the verb "coin" in Article I means "to make coins" or something broader, like, "to establish an American currency; and (2) walk us through how you'd resolve this question (if you're an originalist, you'd look at how the term "coin" was used when Article I was drafted and might also talk about looking at the Federalist, the covention debates, etc.). If you give an answer that has nothing to do with Article I and the coining clause, you're not thinking about the issue the way the judge wants you to, and you're probably not a fit.
I can't tell if this is a joke but I will answer it seriously. I went through two interviews and both allowed me to grab a copy of the constitution. One told me to grab my copy of the constitution (presuming I had one on me), and in the other, I asked if I could have one (they printed it on the spot lol). I think actually looking at the text is a positive that shows you don't try to do everything off the cuff. Honestly, I would recommend bringing your own.
-
- Posts: 428107
- Joined: Tue Aug 11, 2009 9:32 am
Re: Let's talk 5th Circuit!
Anonymous User wrote: ↑Thu Jun 18, 2020 11:52 am"Pocket constitution" anon. It wasn't a joke.rhododactylos wrote: ↑Thu Jun 18, 2020 11:45 amYeah, you should know the big constitutional powers generally but for a question like this I'd expect that the clerks would give you the text, or you'd be given a pocket constitution. We had a pocket constitution on the table for the portion of the interview where we asked conlaw questions.
Thanks - I don't expect an interview with any FedSoc judges(due to my lower credentials and lack of political indications), but those questions actually sound kind of fun.
*Original poster of the questions here*
I was asked the money questions during a few different interviews (the other one as well--my favorite interview question ever). As to the paper money question, some interviewers gave me the constitutional text, the others just mentioned that the text used the word "coined." If there was a follow-up discussion on the Legal Tender Cases, the interviewers would quickly explain the relevant reasoning used in those cases.
Honestly, I loved those kinds of interview questions. They are pretty interesting to think through and occasionally led to interesting mini-debates. It was very much about how you think through an issue and how capable you are debating the issues--not about whether there is a right/wrong answer.
Interviewers, of course, also ask about more current/pressing issues (e.g. if I were interviewing this week, I would expect a lot of discussion surrounding the competition textualist models in the T7 decisions from Monday). But, the value of the type of question I included in my prior message is that they are less expected so you can see more of how the candidate reason on the spot/without having a rehearsed answer they think the interviewer would likely agree with.
-
- Posts: 428107
- Joined: Tue Aug 11, 2009 9:32 am
Re: Let's talk 5th Circuit!
Anonymous User wrote: ↑Thu Jun 18, 2020 1:14 pmI’ve done a good number of Fed Soc interviews and never gotten anything this gimmicky. Lots of questions on how you’d address a hard constitutional problem which gets at the same thing, but nothing requiring you to bring your own pocket constitution, which sounds absurd.Anonymous User wrote: ↑Thu Jun 18, 2020 11:48 am*Not previous posterAnonymous User wrote: ↑Thu Jun 18, 2020 11:33 amOut of curiosity, are we expected to memorized all of Congress's enumerated powers by the interview, or are we allowed to bring a pocket Constitution?rhododactylos wrote: ↑Thu Jun 18, 2020 11:17 amClerked for a FedSoc judge on another court. We asked a similar question too (not the same one). If you get one like this your ultimate position on the issue doesn't matter. We're looking for you to: (1) identify the issue, whether the verb "coin" in Article I means "to make coins" or something broader, like, "to establish an American currency; and (2) walk us through how you'd resolve this question (if you're an originalist, you'd look at how the term "coin" was used when Article I was drafted and might also talk about looking at the Federalist, the covention debates, etc.). If you give an answer that has nothing to do with Article I and the coining clause, you're not thinking about the issue the way the judge wants you to, and you're probably not a fit.
I can't tell if this is a joke but I will answer it seriously. I went through two interviews and both allowed me to grab a copy of the constitution. One told me to grab my copy of the constitution (presuming I had one on me), and in the other, I asked if I could have one (they printed it on the spot lol). I think actually looking at the text is a positive that shows you don't try to do everything off the cuff. Honestly, I would recommend bringing your own.
During my interviews, when I got question like the paper money one it was after we'd already discussed how to address constitutional problems. It seemed like the question was trying to get to how committed I was to what I had just said, like to gauge where the outer limits of my professed commitments were.
-
- Posts: 8502
- Joined: Thu May 28, 2015 5:01 pm
Re: Let's talk 5th Circuit!
I'm not remotely an expert on originalism (because I am not an originalist), but isn't the goal of modern originalism to determine the original public meaning? Wouldn't it be better to look at dictionaries from the time to see how the word was defined? I thought looking to the intent of the drafters was disfavored? I'm not trying to be a smart ass right now. That was my understanding of originalism, so I'm curious.rhododactylos wrote: ↑Thu Jun 18, 2020 11:17 amClerked for a FedSoc judge on another court. We asked a similar question too (not the same one). If you get one like this your ultimate position on the issue doesn't matter. We're looking for you to: (1) identify the issue, whether the verb "coin" in Article I means "to make coins" or something broader, like, "to establish an American currency; and (2) walk us through how you'd resolve this question (if you're an originalist, you'd look at how the term "coin" was used when Article I was drafted and might also talk about looking at the Federalist, the covention debates, etc.). If you give an answer that has nothing to do with Article I and the coining clause, you're not thinking about the issue the way the judge wants you to, and you're probably not a fit.
Get unlimited access to all forums and topics
Register now!
I'm pretty sure I told you it's FREE...
Already a member? Login
-
- Posts: 428107
- Joined: Tue Aug 11, 2009 9:32 am
Re: Let's talk 5th Circuit!
I think that you could and should, reasonably use all of the highlighted examples plus dictionaries and maybe a corpus linguistics analysis when making an OPM analysis. Although OPM denies original intent as the sole guideline, the sources the poster you responded to mentions can be helpful evidence.lavarman84 wrote: ↑Thu Jun 18, 2020 6:06 pmI'm not remotely an expert on originalism (because I am not an originalist), but isn't the goal of modern originalism to determine the original public meaning? Wouldn't it be better to look at dictionaries from the time to see how the word was defined? I thought looking to the intent of the drafters was disfavored? I'm not trying to be a smart ass right now. That was my understanding of originalism, so I'm curious.rhododactylos wrote: ↑Thu Jun 18, 2020 11:17 amClerked for a FedSoc judge on another court. We asked a similar question too (not the same one). If you get one like this your ultimate position on the issue doesn't matter. We're looking for you to: (1) identify the issue, whether the verb "coin" in Article I means "to make coins" or something broader, like, "to establish an American currency; and (2) walk us through how you'd resolve this question (if you're an originalist, you'd look at how the term "coin" was used when Article I was drafted and might also talk about looking at the Federalist, the covention debates, etc.). If you give an answer that has nothing to do with Article I and the coining clause, you're not thinking about the issue the way the judge wants you to, and you're probably not a fit.
-
- Posts: 428107
- Joined: Tue Aug 11, 2009 9:32 am
Re: Let's talk 5th Circuit!
lavarman84 wrote: ↑Thu Jun 18, 2020 6:06 pmI'm not remotely an expert on originalism (because I am not an originalist), but isn't the goal of modern originalism to determine the original public meaning? Wouldn't it be better to look at dictionaries from the time to see how the word was defined? I thought looking to the intent of the drafters was disfavored? I'm not trying to be a smart ass right now. That was my understanding of originalism, so I'm curious.rhododactylos wrote: ↑Thu Jun 18, 2020 11:17 amClerked for a FedSoc judge on another court. We asked a similar question too (not the same one). If you get one like this your ultimate position on the issue doesn't matter. We're looking for you to: (1) identify the issue, whether the verb "coin" in Article I means "to make coins" or something broader, like, "to establish an American currency; and (2) walk us through how you'd resolve this question (if you're an originalist, you'd look at how the term "coin" was used when Article I was drafted and might also talk about looking at the Federalist, the covention debates, etc.). If you give an answer that has nothing to do with Article I and the coining clause, you're not thinking about the issue the way the judge wants you to, and you're probably not a fit.
A few thoughts:
- There are multiple originalisms, so which sources you use depends on which sub-theory you subscribe to. However, you are correct that original public meaning is the predominant theory.
-
- Posts: 428107
- Joined: Tue Aug 11, 2009 9:32 am
Re: Let's talk 5th Circuit!
Any intel on Smith? Still giving out interviews?
-
- Posts: 8502
- Joined: Thu May 28, 2015 5:01 pm
Re: Let's talk 5th Circuit!
Got it. Thanks for the explanation.
Communicate now with those who not only know what a legal education is, but can offer you worthy advice and commentary as you complete the three most educational, yet challenging years of your law related post graduate life.
Register now, it's still FREE!
Already a member? Login
-
- Posts: 428107
- Joined: Tue Aug 11, 2009 9:32 am
Re: Let's talk 5th Circuit!
How sure are you that Jordan has moved? I had heard the opposite.Anonymous User wrote: ↑Thu Jun 18, 2020 11:44 amLoads of movement. Both Tyler judges are interviewing. Jordan is interviewing. Kacsmaryk is full. Starr has hired some. Fitzwater and Lynn and O'Connor are interviewing (he has hired at least one). Hendrix has hired some.Anonymous User wrote: ↑Wed Jun 17, 2020 3:45 pmHas there been a lot of movement at the Texas district courts? Asking specifically about N.D. Tex. and E.D. Tex.
Get your apps in NOW.
-
- Posts: 428107
- Joined: Tue Aug 11, 2009 9:32 am
Re: Let's talk 5th Circuit!
100% sure. Have a friend who had an interview earlier this year. I don't know what his hiring timeline is now or if my friend was an outlier.Anonymous User wrote: ↑Thu Jun 18, 2020 10:37 pmHow sure are you that Jordan has moved? I had heard the opposite.Anonymous User wrote: ↑Thu Jun 18, 2020 11:44 amLoads of movement. Both Tyler judges are interviewing. Jordan is interviewing. Kacsmaryk is full. Starr has hired some. Fitzwater and Lynn and O'Connor are interviewing (he has hired at least one). Hendrix has hired some.Anonymous User wrote: ↑Wed Jun 17, 2020 3:45 pmHas there been a lot of movement at the Texas district courts? Asking specifically about N.D. Tex. and E.D. Tex.
Get your apps in NOW.
-
- Posts: 428107
- Joined: Tue Aug 11, 2009 9:32 am
Re: Let's talk 5th Circuit!
Not sure if he is still giving out interviews, but he has definitely been interviewing and moving with offers for some time now
-
- Posts: 428107
- Joined: Tue Aug 11, 2009 9:32 am
Re: Let's talk 5th Circuit!
To clarify, as Anon who said this. This is for 2021 starts (whereas some posts about circuit judges are referencing 2022 starts).Anonymous User wrote: ↑Thu Jun 18, 2020 11:07 pm100% sure. Have a friend who had an interview earlier this year. I don't know what his hiring timeline is now or if my friend was an outlier.Anonymous User wrote: ↑Thu Jun 18, 2020 10:37 pmHow sure are you that Jordan has moved? I had heard the opposite.Anonymous User wrote: ↑Thu Jun 18, 2020 11:44 amLoads of movement. Both Tyler judges are interviewing. Jordan is interviewing. Kacsmaryk is full. Starr has hired some. Fitzwater and Lynn and O'Connor are interviewing (he has hired at least one). Hendrix has hired some.Anonymous User wrote: ↑Wed Jun 17, 2020 3:45 pmHas there been a lot of movement at the Texas district courts? Asking specifically about N.D. Tex. and E.D. Tex.
Get your apps in NOW.
Seriously? What are you waiting for?
Now there's a charge.
Just kidding ... it's still FREE!
Already a member? Login