Tuesday, September 7, 2010


Here it is, with today (Sept 7, 2010), being the "First date when applications may be received" for federal judicial clerkships.

Similarly, the "First date and time when judges may contact applicants to schedule interviews" is 10:00 a.m. (EDT), Monday, September 13, 2010, and the
"First date and time when interviews may be held and offers made" is 8:00 a.m. (EDT) Thursday, September 16, 2010.

When we last surveyed the market, there was a lot of cheating in connection with these dates, see
Avery, Christopher, Jolls, Christine, Posner, Richard A. and Roth, Alvin E., "The New Market for Federal Judicial Law Clerks" . University of Chicago Law Review, 74, Spring 2007, 447-486.

That doesn't mean that the new "system" might not be an improvement on the old unravelling/exploding offer regimes of previous years, see
Avery, Christopher, Christine Jolls, Richard A. Posner, and Alvin E. Roth, "The Market for Federal Judicial Law Clerks" University of Chicago Law Review, 68, 3, Summer, 2001, 793-902.
But it will be interesting to see if the level of "non-compliance" will hold steady, or if it will increase until unraveling resumes.

Note that I am not counting exploding offers as non-compliance; they are explicitly allowed, as long as they aren't made before 10am on Sept. 13. The plan states
"Offers may be made as soon as interviews are permitted under the Plan. Generally, it is for the judge to determine the terms upon which an offer is extended. However, judges are encouraged not to require an applicant to accept an offer immediately without reasonable time to weigh it against other viable options that remain open to the applicant. This would not prohibit an applicant from accepting an offer on the spot.

"When setting up an interview with a clerkship applicant, a judge should make clear to the applicant his or her interview and offer policies or practices. For example, a judge may have a policy or practice of making offers and entirely filling his or her clerkship slots, even if more interviews are scheduled for that day. The applicant should be told this in a timely fashion, so that the applicant's decision to accept or decline the interview is appropriately informed. Applicants should also be informed if the judge will ask them to make a decision on the spot.

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