Controversial Writing Sample Forum

[Anonymous User]

I have a writing sample that is a fake court opinion declaring a recent action by the Trump administration to be unconstitutional. It is purely a constitutional analysis, not political, but is this a bad idea as it could rub some people the wrong way?

[koval]

If you have a different writing sample of equal quality I'd go with that. Why risk it.

[mjb447]

I'd use something more run-of-the-mill.

ETA A little curious if you think there's some upside to using this as a sample or if it's just what you happen to have on hand right now.

[OutCold]

Agree with the above, or if no other option, at least rearrange into another format that reads more like a straightforward memo. I would also explain the assignment on a cover sheet if applicable.

[anon sequitur]

I would avoid judicial fanfic. Present it some other way, as a memo or something.

[jd20132013]

The issue here isn't the topic it's that the fake opinion is kind of weird

[radio1nowhere]

The issue here isn't the topic it's that the fake opinion is kind of weird

In addition to being a little weird: putting your writing sample in the exact format judges spend their careers producing makes it super easy for a judge to pick it apart, even if just for looking different from the way the judge wants their opinions to look.

[mjb447]

The issue here isn't the topic it's that the fake opinion is kind of weird

In addition to being a little weird: putting your writing sample in the exact format judges spend their careers producing makes it super easy for a judge to pick it apart, even if just for looking different from the way the judge wants their opinions to look.

This is where the subject matter does make a little bit of difference for me. IME judges tend to be extra cautious in politically charged cases; if a judge might pick apart a "fake opinion" under any circumstances, I think that tendency is enhanced in a context where the judge would be especially cautious about the scope of the opinion, the word choice, etc.

[Anonymous User]

FWIW, I got both a district and COA clerkship with a mock SCOTUS opinion (albeit for a non-controversial case). I don't think a mock opinion is necessarily a bad idea, as long as it's done well. Subject matter could be a concern though, especially if they don't buy the reasoning.

[Pneumonia]

If you produced this for a class then I think it's ok to use. But your cover sheet should make clear the extent to which the topic/format were assigned. If you can say "written Spring 2017 for Prof Y's Constitutional Theory Seminar; the topic and format were assigned," that is a lot better than "written as part of a creative legal writing class," or worse, "written in my spare time."