The confirmation hearings for Solicitor General Elena Kagan, nominated to replace Justice John Paul Stevens on the Supreme Court, are currently scheduled to start on Monday, June 28. We will, of course, offer extensive coverage, including some liveblogging.
Just today, Vanderbilt law professor Brian Fitzpatrick — a former law clerk to Justice Scalia and a former counsel to Senator John Cornyn (R-TX) — issued an enthusiastic endorsement (PDF) of Kagan, praising her as “a person of utmost integrity, extraordinary legal talent, and relentless generosity.” Such sentiments have been heard from many conservative corners.
So, with Lady Kaga’s confirmation more or less assured, let’s start thinking about what we can expect from a Justice Elena Kagan. Specifically, how will she handle petitions for certiorari, the requests filed by litigants who want the Court to hear their cases?
In other words: Will Justice Kagan plunge into the cert pool? And should she?
[T]he Supreme Court’s two newest justices have decided, at least temporarily, to stick with the Court’s clerk-pooling arrangement…. [B]oth Chief Justice John Roberts Jr. and Justice Samuel Alito Jr. said they will stay in the “cert pool,” as it is called, for the current term.
Roberts said he will participate on a “year-to-year basis,” and Alito said the same….
The use of the certiorari pool does, by the way, increase the power of law clerks at the Court:
In a 1997 speech when he was in private practice, Roberts said he found the pool “disquieting” in that it made clerks “a bit too significant” in determining the Court’s docket. During his confirmation hearings in January, Alito said he was “aware of the issue” surrounding the pool. He added: “We cannot delegate our judicial responsibility. But . . . we need to find ways, and we do find ways, of obtaining assistance from clerks and staff, employees, so that we can deal with the large caseload that we have.”
One could quibble with Justice Alito’s description of the SCOTUS caseload as “large.” The Court hears fewer than 100 cases each Term, and the number has been decreasing over the years. And the cert pool may actually be contributing to that decline, as Lyle Denniston suggests.
But we heart Justice Alito, so we won’t quibble.
Another consequence of the pool:
In their new book on the Court’s clerks, Sorcerers’ Apprentices, authors Artemus Ward and David Weiden chart the history and impact of the pool. At the same time the pool has increased the power of clerks in the gatekeeping function, they say, it has made clerks less candid and more timid in their recommendations. “The pool writers are going to be less candid than they would be with their own justice,” says Ward in an interview. “It has a chilling effect.”
It would be interesting if another justice were to join Justice Stevens in declining to participate in the cert pool. But would that make a clerkship with that justice less desirable? Clerks to that justice would have to spend more of their time doing mind-numbing cert review work, getting down into the factual weeds of lower-court records — instead of working on the sexy, pure legal issues presented by merits cases.
Maybe there’s a collective action problem here. Who would be willing to go first? Cf.Harvard ending early admissions.
Interesting — but not our problem. Shrug. Courtside by Tony Mauro: Pool Party [Legal Times]
Commentary: The Court’s caseload [SCOTUSblog] Cert Pool [Wikipedia]
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
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Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
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