Overview

Law clerks have been a permanent fixture in the halls of the United States Supreme Court from its founding, but the relationship between clerks and their justices has generally been cloaked in secrecy. While the role of the justice is both public and formal, particularly in terms of the decisions a justice makes and the power that he or she can wield in the American political system, the clerk has historically operated behind closed doors. Do clerks make actual decisions that they impart to justices, or are they only research assistants that carry out the instructions of the decision makers—the justices? Based on Supreme Court archives, the personal papers of justices and other figures at the Supreme Court, and interviews and written surveys with 150 former clerks, Sorcerers’ Apprentices is a rare behind-the-scenes look at the life of a law clerk, and how it has evolved since its nineteenth-century beginnings. Artemus Ward and David L. Weiden reveal that throughout history, clerks have not only written briefs, but made significant decisions about cases that are often unseen by those outside of justices' chambers. Should clerks have this power, they ask, and, equally important, what does this tell us about the relationship between the Supreme Court’s accountability to and relationship with the American public? Sorcerers’ Apprentices not only sheds light on the little-known role of the clerk but offers provocative suggestions for reforming the institution of the Supreme Court clerk. Anyone that has worked as a law clerk, is considering clerking, or is interested in learning about what happens in the chambers of Supreme Court justices will want to read this engaging and comprehensive examination of how the role of the law clerk has evolved over its long history.

Full Product Details

Author:   Artemus Ward ,  David L Weiden
Publisher:   New York University Press
Imprint:   New York University Press
Edition:   annotated edition
Dimensions:   Width: 15.30cm , Height: 2.60cm , Length: 22.90cm
Weight:   0.630kg
ISBN:  

9780814794043

ISBN 10:   0814794041
Pages:   352
Publication Date:   01 April 2006
Audience:   Professional and scholarly ,  Professional and scholarly ,  Professional & Vocational ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

"IllustrationsAcknowledgments Preface: Awesome Responsibility and Complete Subservience 1 Introduction: The Institutionalization of the Supreme Court Law Clerk 2 A Great Ordeal: Selecting Supreme Court Law Clerks 3 The Junior Court: Deciding to Decide 4 Decision Making: Mission-Inspired Crusaders? 5 Opinion Writing: From Research Assistants to Junior Justices 6 Conclusion: Sorcerers' Apprentices Appendix A. ""Memorandum for the Law Clerks"" from the Chambers of Chief Justice Earl Warren Appendix B. Letter from Stephen G. Breyer to Earl Warren, October 6, 1963 Appendix C. Letter from John Minor Wisdom to Hugo Black, October 15, 1965 Appendix D. Justice Harry A. Blackmun's Talking Points for Interviewing Prospective Law Clerks Appendix E. Memorandum from Molly McUsic to Harry A. Blackmun, re: Certiorari Petition,Planned Parenthood v. Casey, January 4, 1992 Appendix F. Memorandum from Stephanie A.Dangel to Harry A. Blackmun, June 26, 1992 Appendix G. United States Supreme CourtLaw Clerk Questionnaire Notes BibliographyIndex About the Authors"

Reviews

Based on judicial working papers and extensive interviews, the authors have compiled the most complete picture to date of the transformation of Supreme Court law clerks from stenographers to ghost-writers. This will instantly become an essential resource for students of the Court. - Dennis J. Hutchinson, editor of The Supreme Court Review A truly excellent study on an interesting and important question. As we know from the popularity of The Brethren and Closed Chambers, people love insider accounts of Supreme Court decision making, and this book provides that from a very unique point of view. - Howard Gillman, author of The Votes That Counted: How the Court Decided the 2000 Presidential Election

Provides excellent insight into the inner workings of the Supreme Court, how it selects cases for review, what pressures are brought to bear on the justices, and how the final opinions are produced. Recommended for all academic libraries. -Library Journal Ward and Weiden have produced that rare book that is both a meticulous piece of scholarship and a good read. The authors have ... sifted through a varied and voluminous amount of archival material, winnowing out the chaff and leaving the excellent wheat for our consumption. They marry this extensive archival research with original survey data, using both to great effect. -Law and Politics Book Review Well-written, needed, and nicely done. -Choice The main quibble ... with contemporary law clerks is that they wield too much influence over their justices' opinion-writing. Artemus and Weiden broaden this concern to the clerks' influence on the thinking of the justices about how to decide cases. -Slate.com Helps illuminate the inner workings of an institution that is still largely shrouded in mystery. -The Wall Street Journal Online

Author Information

Artemus Ward is assistant professor of political science at Northern Illinois University, and author of Deciding To Leave: The Politics of Retirement from the U.S. Supreme Court. David L. Weiden is assistant professor of politics and government and director of the legal studies program at Illinois State University.

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions