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Sorcerers` Apprentices – 100 Years of Law Clerks at the United States Supreme Court

Autor Artemus Ward, David L Weiden
en Limba Engleză Paperback – 31 dec 2006
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.
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Specificații

ISBN-13: 9780814794203
ISBN-10: 0814794203
Pagini: 352
Ilustrații: 19 figures, 31 tables
Dimensiuni: 152 x 227 x 24 mm
Greutate: 0.47 kg
Editura: MI – New York University

Recenzii

”Well-written, needed, and nicely done.”
—Choice"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"Helps illuminate the inner workings of an institution that is still largely shrouded in mystery."
—The Wall Street Journal Online"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“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“Artemus Ward and David L. Weiden argue that the clerks have more power than they used to have, and probably more power than they should.”
—Washington Post“The book contains a wealth of historical information. . . . A reader can learn a lot from this pioneering study.”
—Cleveland Plain Dealer“Meticulous in scholarship. . . . Sorcerers' Apprentices presents convincing statistical evidence that the aggregate time that law clerks spend on certiorari memos has fallen considerably because of the reduction in the number of memos written by each clerk.”
—Judge Richard A. Posner in The New Republic“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"An urgently needed and highly readable study of the most powerful young lawyers in America: law clerks at the Supreme Court. Law clerks themselves tend to vastly overstate or underestimate their importance, but authors Artemus Ward and David Weiden have gotten it just right: law clerks wield significant and growing power at the nation's highest court. This eye-opening book charts that growth and points to the potential for abuse."
—Tony Mauro, Supreme Court Correspondent for American Lawyer Media"...[E]xceptionally informative in tracing the history of the institution of the Supreme Court clerks. The analysis of the evolution of both the job and the influence that clerks have on the Court’s decisions.”
—Georgia Bar Journal

Notă biografică

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.