Worried that they will be disadvantaged in the search for court positions, law students yesterday expressed concern about the Law School's decision to institute later application dates for judicial clerkships.
Dean Robert C. Clark announced in an open memo on October 15 that the Law School will comply with new application guidelines set by a U.S. Judicial Conference resolution on September 20.
Under the resolution, the new starting date for clerkship interviews is March 1 and students are urged not to turn in their applications and faculty recommendations until February 1. Previously, students were allowed to submit applications in the fall.
The move follows similar actions by other prestigious law schools such as Yale and the University of Chicago.
But students said several judges have said they will not comply with the new guidelines and may select their clerks before the new date. One Harvard Law Review editor who wished toremain anonymous said the policy will "handicapstudents in those circuits in which judges decideto choose their clerks early." "The problem will be that most judges whodecide to break the resolution will miss anopportunity to meet all the candidates," saidsecond-year law student Melissa R. Hart '91. Others said the new rule has become a source ofuncertainty for students. A second-year law student and member of theHarvard Law Review who also wished to remainanonymous said "each student has every incentiveto violate the policy, knowing that those whoadhere will certainly be excluded from someposition." He warned that "students who accept the policyat face value will be hurt." Judicial Clerkship Administrator Margaret F.Tuitt said the Law School is in the process ofsending letters to all federal judges, asking themto inform the school whether they will comply withthe guidelines. Despite student concerns, Tuitt said shebelieves the new schedule is better because itwill give students more time to complete theapplications. Tuitt said the new guidelines will serve as an"equalizer" because the students will be able tosend their first semester grades from their secondyear of law school. With the new dates, studentswill have the time to improve their second-yeargrades to compensate for weak first-year records. But Tuitt, acknowledging that some judges maynot comply with the new rule, said professorsstill may write recommendations for students. "Professors will do what they want, ultimately,but the dean has requested that the professors notwrite recommendations until February," she said
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