Frank Easterbrook

Federal Judges

Inside Straight: Institutionalizing Mediocrity

Here’s my thesis: We create rules to hedge against ineptitude, and we thus institutionalize mediocrity. Here are the examples. First, someone — the Administrative Office of the Courts? God? — creates rules to hedge against incomprehensible judicial opinions, and we thus discourage judges from writing exceptional opinions. When new federal appellate judges attend what is […]

7th Circuit

What Is To Be Done About Super-Old Judges?

When I clerked on the Ninth Circuit years ago, one of the judges on the court at the time was extremely old — and didn’t seem very “with it.” His law clerks seemed to take on a large amount of responsibility. One of his clerks that year, a law school classmate of mine I’ll call […]