Is it legal for government to enforce affirmative action on political views in public universities? (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
April 29, 2024, 02:20:25 AM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  Is it legal for government to enforce affirmative action on political views in public universities? (search mode)
Pages: [1]
Author Topic: Is it legal for government to enforce affirmative action on political views in public universities?  (Read 1288 times)
Donerail
Atlas Icon
*****
Posts: 15,329
« on: March 14, 2023, 09:59:16 AM »

I don't believe conservative students have any advantage in the law school admissions process (it is, if anything, a disadvantage). The "affirmative action" line comes from post-graduation clerkships with judges, which are much easier to get if you're a conservative given the ideological composition of most law schools vs that of the federal judiciary.
Logged
Donerail
Atlas Icon
*****
Posts: 15,329
« Reply #1 on: March 14, 2023, 10:50:36 AM »

I don't believe conservative students have any advantage in the law school admissions process (it is, if anything, a disadvantage). The "affirmative action" line comes from post-graduation clerkships with judges, which are much easier to get if you're a conservative given the ideological composition of most law schools vs that of the federal judiciary.

Interesting.  I believe there is something of a tradition of appeals level judges intentionally hiring one opposite ideology clerk to strengthen their arguments?
The increasingly bifurcated hiring process makes this less common now. Most of the liberal judges hire "on plan," meaning they wait to hire students at the end of their 2L year (they'll hire their 2024-25 class of clerks this June, for example). The conservative judges, by and large, do not follow the plan and hire much easier, midway through 1L in most cases. If you're a liberal interested in counter-clerking, most of the spots with conservatives are full by the time you're applying; if you're a conservative, it'd require passing up a lot of openings to wait for when the liberals start hiring.
Logged
Donerail
Atlas Icon
*****
Posts: 15,329
« Reply #2 on: March 15, 2023, 04:16:16 AM »

The increasingly bifurcated hiring process makes this less common now. Most of the liberal judges hire "on plan," meaning they wait to hire students at the end of their 2L year (they'll hire their 2024-25 class of clerks this June, for example). The conservative judges, by and large, do not follow the plan and hire much easier, midway through 1L in most cases. If you're a liberal interested in counter-clerking, most of the spots with conservatives are full by the time you're applying; if you're a conservative, it'd require passing up a lot of openings to wait for when the liberals start hiring.
Why is there a difference in how liberal and conservative judges tend to do it? And for that  matter why do they hire so early?
Why so early: every judge, like every legal employer in America, is chasing after the same six people. There's only so many graduates of the elite law schools with perfect grades, and some judges care very much about whether they can send their clerks on to clerk at One First Street. Even if they don't, moving early lets you scoop the others and get the best talent available.

As to your first question: Is it really a surprise that the conservative judges tend to favor the scheme that maximizes their individual choice, while the liberal judges have by and large been more willing to go along with the centralized uniform plan? Liberal/conservative is, to be fair, pretty broad — plan compliance also varies a lot by circuit (eg DC is mostly on-plan, even the conservatives; the 10th is mostly off, even the liberals). But I think it makes a lot of sense.
Logged
Donerail
Atlas Icon
*****
Posts: 15,329
« Reply #3 on: March 16, 2023, 04:46:43 PM »

It also would lead it dissembling. Hey, Boalt Hall, I am a Federalist Society MAGA Pub, so you have to let me in to fill that quota!
Subtle touch to call them "Boalt Hall" to reinforce the MAGA persona, well done.
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.02 seconds with 12 queries.