Judicial Externships: The Clinic Inside the Courthouse

Cochran provides materials for classroom discussion, background reading, responses in journal entries, and as the starting point for more in-depth study or research on a topic.

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Cochran provides materials for classroom discussion, background reading, responses in journal entries, and as the starting point for more in-depth study or research on a topic. Each chapter includes Reports directing students to look in two directions. The In Court Reports ask the externs to connect, as directly as possible, the chapter materials to the extern’s assigned court or to courts in the area. A new feature, the  "Out of Court Reports" focus on the chapter materials themselves by asking how they relate to each other and what questions they raise about judges and judicial processes.

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Table of contents

Chapter One--The Role of the Judicial Clerk or Extern


A. Judicial Clerks


B. Historical Development


Foreword--Law Clerks: For Better or Worse?, J. Daniel Mahoney, 54 Brook. L. Rev. 321 (1988)


Notes


C. Qualifications and Selection


Clerkships


Notes


D. Responsibilities


Foreword--Law Clerks: For Better or Worse?, J. Daniel Mahoney, 54 Brook. L. Rev. 321 (1988)


Notes


E. Ethical Considerations


1. Confidentiality of Chambers


Some Ethical Considerations for Judicial Clerks, John Paul Jones, 4 Geo. J. Legal Ethics 771 (1991)


Notes


a. Public Comment on Court Proceedings


Model Code of Judicial Conduct, Canon 3B(9) (1990)


Code of Conduct for Judicial Employees (1995)


In re Corrugated Container Antitrust Litigation, 614 F.2d 958 (5th Cir. 1980)


Note


b. Judicial Privilege


In re Certain Complaints Under Investigation by an Investigating Committee of the Judicial Council of the Eleventh Circuit, 783 F.2d 1488 (11th Cir. 1986)


Notes


2. Conflict of Interests


a. Employment and Family Relations


Some Ethical Considerations for Judicial Clerks, John Paul Jones, 4 Geo. J. Legal Ethics 771 (1991)


Deyling v. Flowers, No. 39345 (8th Dist.), 1979 Ohio App. LEXIS 12242


Notes


Oliva v. Heller, 839 F.2d 37 (2d Cir. 1988)


Notes


Simonson v. General Motors Corporation, 425 F. Supp. 574 (E.D. Pa. 1976)


Notes


b. Former Clerks and Externs as Counsel


Fredonia Broadcasting Corp., Inc. v. RCA Corp., 569 F.2d 251 (5th Cir. 1978)


Smith v. Pepsico, Inc., 434 F. Supp. 524 (S.D. Fla. 1977)


Notes


3. Decisionmaking on the Record


Some Ethical Considerations for Judicial Clerks, John Paul Jones, 4 Geo. J. Legal Ethics 771 (1991)


Price Brothers Company v. Philadelphia Gear Corporation, 649 F.2d 416 (6th Cir. 1981)


Note


Exercise


Selected Bibliography


Appendix


A. The Clerk or Extern's Court within the Federal or State System


Structure of the Ohio Judicial System--1996


B. The Work of the Trial Court and the Appellate Court


Chapter Two--Crowded Courts: Limiting and Delegating Judicial Tasks


A. The Perceived "Litigation Explosion"


The Rising Work Load and Perceived "Bureaucracy" of the Federal Courts: A Causation-Based Approach to the Search for Appropriate Remedies, Harry T. Edwards, 68 Iowa L. Rev. 871 (1983)


Notes


B. The Big Case


In re Boise Cascade Securities Litigation, 420 F. Supp 99 (W.D. Wash. 1976)


Notes


C. Responses to the "Litigation Explosion"


1. More Courts, More Judges


2. Doctrinal Decisions


Tidewater Oil Co. v. United States, 409 U.S. 151 (1972)


3. Screening or Summary Disposition Procedures


Jones v. Superintendent, Virginia State Farm, 465 F.2d 1091 (4th Cir. 1972)


Notes


4. Limiting Opinion Publication


Federal Judicial Center Model Rule for Publication (1973)


Note


National Labor Relations Board v. Amalgamated Clothing Workers of America, 430 F.2d 966 (5th Cir. 1970)


Notes


5. Reducing Oral Arguments


United States Court of Appeals for the Fourth Circuit Rule 34(a)--Oral Argument; Pre-Argument Review and Summary Disposition of Appeals; Statement Regarding the Need for Oral Argument


Notes


6. Delegating Tasks


a. To Judicial Clerks


Foreword--Law Clerks: For Better or Worse?, J. Daniel Mahoney, 54 Brook. L. Rev. 321 (1988)


b. To Federal Court Magistrates and State Court Masters


Exercises


Selected Bibliography


Chapter Three--Judicial Opinions: Decisionmaking and Opinion Drafting


A. Overview


Passion for Justice, Martha Minow & Elizabeth V. Spelman, 10 Cardozo L. Rev. 37 (1988)


Notes


B. Collaborative or "Bureaucratic" Writing


Foreword--Law Clerks: For Better or Worse?, J. Daniel Mahoney, 54 Brook. L. Rev. 321 (1988)


The Use and Abuse of Humanistic Theory in Law: Reexamining the Assumptions of Interdisciplinary Legal Scholarship, Charles W. Collier, 41 Duke L.J. 191 (1991)


C. The Opinion Drafting Process


Foreword--Law Clerks: For Better or Worse?, J. Daniel Mahoney, 54 Brook. L. Rev. 321 (1988)


D. Public Perception


Parker v. Connors Steel Company, 855 F.2d 1510 (11th Cir. 1988)


Notes


E. The Elements of An Effective Opinion


Note: Concerned Readers a/k/a Lawyers, Law Students, and Legal Scholars, Plaintiffs/Petitioners vs. Judicial Opinion Writers a/k/a Judges and Judicial Clerks, Defendants/Respondents, No. 90-00001, University of Michigan Law School Journal of Law Reform Division, Argued October 30, 1989, Decided May 1, 1990


Notes


F. The Elements of Less Effective Opinion


United States v. DiFrancesco, 449 U.S. 117 (1980)


Notes


G. Humor in Judicial Opinions


Denny v. Radar Industries, Inc., 184 N.W.2d 289 (Mich. Ct. App. 1971)


Note


H. Writing by Committee: Clerks and Central Staff


Note


Exercises


Selected Bibliography


Chapter Four--The Judge as Docket Manager in an Adversarial System


A. Regulating Civil Discovery


1. Sample Document Request


Notes


2. Civil Discovery Reform in the 1990s


a. The Federal System


Rule 26. General Provisions Governing Discovery; Duty of Disclosure


Notes


b. The State System


Arizona Revised Statutes, Rule 26. General Provisions Governing Discovery; Rule 26.1 Prompt Disclosure of Information


Notes


B. Rocket Docket: Management vs. Litigants' Rights


Martel v. County of Los Angeles, 21 F.3d 940 (9th Cir. 1994)


C. Settlement Conferences


Federal Rule of Civil Procedure 16


Note


D. Arbitration


DDI Seamless Cylinder International, Inc. v. General Fire Extinguisher Corporation, 14 F.3d 1163 (7th Cir. 1994)


Notes


E. Summary Jury Trials


In re NLO, Inc., 5 F.3d 154 (6th Cir. 1993)


Notes


F. Technology in Docket Management


1. A State Court's Technology Plan


The Environment of the Idaho Courts in 2005


2. A Paperless Trial in Federal Court


United States v. Labovitz, No. CR 95-30022-MAP (D. Mass. July 24, 1996)


3. A CD-ROM Brief in Federal Court 180


Yukiyo, Ltd. v. Watanabe, 111 F.3d 883 (Fed. Cir. 1997)


Notes


G. Managing the Lawyers 183


Judicial Ethics: The Less-Often Asked Questions, Andrew L. Kaufman, 64 Wash. L. Rev. 851 (1989)


Notes


H. Managing Trials


Exercises


Selected Bibliography


Chapter Five--Judicial Qualifications, Selection, and Training


A. Qualifications


1. Non-Attorney Judges


2. A Judicial Resume


Note


Page's Ohio Revised Code Annotated


_ 2301.01 Courts of common pleas


_ 2301.02 Qualifications and term of judge, jurisdiction


_ 2503.01 Judges of supreme court


Notes


B. Selection and Election


Comment, Rethinking Judicial Elections, Kurt E. Scheuerman, 72 Or. L. Rev. 459 (1993)


Notes


C. Appointment


Newman v. Voinovich, 986 F.2d 159 (6th Cir. 1993)


Notes


D. The Results of the Judicial Selection Processes


Demographic Portrait of the Federal Judiciary


Women Judges Currently Serving on State Courts of Last Resort and Intermediate Appellate Courts


African-American Judges Currently Serving on State Courts of Last Resort and Intermediate Appellate Courts


Notes


E. Education and Training


Exercises


Selected Bibliography


Chapter Six--Judicial Ethics


A. Roots of Regulating Judicial Conduct


ABA Model Code of Judicial Conduct


B. Recusal: A Reasonable Question of Impartiality/p>


28 U.S.C. _ 4554. Disqualification of justice, judge, or magistrate


United States v. Murphy, 768 F.2d 1518 (7th Cir. 1985)


Notes


In re Complainant as to the Conduct of The Honorable Ronald D. Schenck, 870 P.2d 185 (Or. 1994)


Notes


Exercises


Selected Bibliography


Chapter Seven--Jurisprudence: Legal Philosophy in Action


A. Theories of Statutory Construction


Uniform Statute and Rule Construction Act (1993)


Commentary to Section 19


Exercises


B. Judicial Philosophy in Criminal Sentencing


Mistretta v. United States, 488 U.S. 361 (1989)


Note


The Sentencing Reform Act of 1984: A Practical Appraisal, Stanley A. Weigel, 36 UCLA L. Rev. 83 (1988)


Notes


Exercises


Selected Bibliography