Juvaria Khan, founder of The Appellate Project, joins Melissa, Kate, and Leah to discuss the fallout of the Supreme Court's affirmative action decision. They also talk about the importance of diversity in appellate courts and the challenges to diversity efforts. Justice Goodwin Liu and Mary Hoopes share their research on how judges consider diversity when hiring clerks and the different perspectives on affirmative action.
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Quick takeaways
The lack of diversity in appellate decisions and appointments has real-life consequences for communities of color, erodes trust in institutions, and leads to a homogenous group of attorneys and judges shaping laws with limited lived experiences.
Actively seeking diversity and taking affirmative outreach measures is crucial to achieving diverse clerkships, with African American judges being particularly successful in recruiting diverse clerks through their affirmative outreach efforts and willingness to consider candidates beyond elite law schools and academic rankings.
Deep dives
The Importance of Diversity in the Legal Profession
The podcast episode explores the importance of diversity in the legal profession, particularly in the context of law clerks and judicial appointments. The hosts interview Javeria Khan, founder of the Appellate Project, who explains the work her organization does to promote diversity in the appellate field. They discuss how the lack of diversity in appellate decisions and appointments has real-life consequences for communities of color, erodes trust in institutions, and leads to a homogenous group of attorneys and judges shaping laws with limited lived experiences. The episode highlights the initiative taken by African American judges in actively reaching out to minority law students and achieving greater diversity in their chambers. The podcast also touches on the challenges faced in achieving diversity in relation to race and ethnicity compared to gender diversity, and how judges' personal experiences may influence their hiring decisions. The guests emphasize the need for continued efforts, support for diversity organizations, and a cultural shift in understanding the importance of diversity in the legal profession.
The Study on Law Clerk Selection and Diversity
The hosts discuss a recent qualitative study conducted by Justice Goodwin Liu and Professor Mary Hoops on law clerk selection and diversity among federal judges. The study aims to understand the methods judges use to select clerks and the challenges they face in promoting diversity. The hosts highlight how the study offers insights into the practices and perspectives of judges when it comes to hiring law clerks, particularly in relation to diversity. The study reveals that actively seeking diversity and taking affirmative outreach measures is crucial to achieving diverse clerkships. The African American judges in the study were especially successful in recruiting diverse clerks due to their affirmative outreach efforts and a willingness to consider candidates beyond elite law schools and academic rankings. The podcast also explores the challenges in achieving racial diversity compared to gender diversity among clerks, with the political landscape and ideological alignment playing a role. The hosts note the significance of the study in shedding light on the clerkship process and the potential implications for future hiring practices.
The Impact of Trump Administration on Judicial Appointments
The hosts discuss the impact of the Trump administration on the federal judiciary and how it may have influenced clerk hiring practices. They acknowledge that the study did not directly include the Trump-appointed judges due to the timeline of the research. However, they speculate on the potential dynamics and patterns based on existing data. They highlight the possible challenges faced by conservative judges in finding conservative law students as it relates to scarcity in the applicant pool. The hosts note that an emphasis on ideology and the influence of elite law schools may affect the hiring practices of some conservative judges. They also raise questions about the potential effects of the new Biden-appointed judges on clerk hiring dynamics. The episode emphasizes the significance of understanding these dynamics and the need for further research and analysis to capture the evolving landscape of judicial hiring.
The Challenges and Opportunities for Law Students
The episode touches on the challenges faced by law students in accessing clerkships and the role of nepotism or family connections in the hiring process. The hosts mention the tendency of famous last names or prestigious educational backgrounds to create opportunities for certain candidates. They discuss the efforts of judges who prioritize alternative criteria beyond elite law schools and grades, focusing on professionalism and personality rather than pedigree. The hosts acknowledge the need for law students without famous connections to navigate the system and highlight the importance of broader criteria and reassessment of traditional markers of excellence. The conversation emphasizes the potential for law students to seek opportunities outside typical pathways and the importance of diverse perspectives and experiences within the legal profession.
Juvaria Khan, founder of The Appellate Project, joins Melissa, Kate, and Leah to catch up on the fallout of the Supreme Court's affirmative action decision in June. Then, Melissa talks with Justice Goodwin Liu of Supreme Court of California and Mary Hoopes of Pepperdine's Caruso School of Law about their research on how judges consider diversity when hiring clerks.
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