Law Clerks

Author:

Sanders Anne1

Affiliation:

1. Judicial Studies, Bielefeld University

Abstract

Abstract This chapter considers the role law clerks play. Law clerks have a legal education and support judges in the adjudicative process, and are often employed to make courts more productive and to help judges concentrate on hard cases. Different forms of clerking can be found in most judicial systems of the world. Law clerks can be young graduates hired for educational purposes, seconded judges assisting higher court judges for a few years, or settling on a long-term clerk career. They may be organized in pools assisting different judges or be assigned to individual judges. Tasks range from doing research and writing memos at first instance, assisting in gatekeeping at higher courts, to being present at oral hearings and deliberations, and to draft complete judgments. The central question is the degree of influence law clerks have. Outside the United States, research on law clerks is still relatively rare and comparative research is still in its early stages. Comparative research on law clerks can provide unique insights into legal careers, courts as organizations, as well as judicial decision-making.

Publisher

Oxford University Press

Reference157 articles.

1. The Supreme Court of the United Kingdom (UKSC), an Exploration of the Roles if Judicial Officers and Court Administrators and How the Relationship between Them May Be Improved and Enhanced: A Case Study;International Journal for Court Administration,2014

2. The Unrepresented Defendant Revisited: A Consideration of the Role of the Clerk in Magistrates’ Courts;Journal of Law and Society,1986

3. The Market for Federal Judicial Law Clerks;University of Chicago Law Review,2001

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