![handle is hein.journals/pstscrpt94 and id is 1 raw text is: 2021 FEDERAL CLERKSHIPS: CAN
ORDER EMERGE FROM CHAOS?
CARL TOBIAS*
This is a perfect juncture for analyzing 2021 federal judicial clerkships.
Many aspirants recently finished half of their legal education. Six appeals
courts' members have agreed to honor a new Federal Law Clerk Hiring Plan
(hereinafter referred to as the pilot) that is currently in its second year. The
pilot directly proscribes seeking and permitting clerkship applications and
recommendation letters until June 15, 2020 and prohibits student clerkship
interviews and judicial offers before June 16, 2020.1 However, certain judges
within these six tribunals will not respect the pilot during its second year,
even though jurists in the seven remaining courts of appeals might follow the
new plan. The Administrative Office of the United States Courts (AO)
extended 2L students OSCAR access in February while suspending in
January 2014 the 2003 clerk hiring plan-whereby 3L employment began
near Labor Day-and judges will soon consider aspirants. Clues offered
below may assist prospects in securing the coveted positions which start in
2021.
* Williams Chair in Law, University of Richmond School of Law. This piece is for David Lat
whose perceptive insights on federal law clerk employment and so much else in law and life inspire all
people who know his work and David. I wish to thank Margaret Sanner for valuable suggestions, Jamie
Wood, Jane Baber and Emily Benedict for valuable research and careful editing, the University of Rich-
mond Law Library staff for valuable research, the Southern California Law Review Postscript editors for
excellent editing and sound advice, Ashley Griffin Hudak and Leslee Stone for excellent processing as
well as Russell Williams and the Hunton Andrews Kurth Summer Research Endowment Fund for gener-
ous, continuing support. Numerous federal appellate and district court judges, law clerks and additional
court personnel, law professors, Career Development Office (CDO) professionals and law students af-
forded many ideas examined below. Remaining errors are mine alone.
1. ADMIN. OFFICE OF THE U.S. COURTS, FEDERAL LAW CLERK HIRING PLAN (2018) [hereinafter
HIRING PLAN]; ADMIN. OFFICE OF THE U.S. COURTS, FEDERAL LAW CLERK HIRING PLAN 2ND PILOT
YEAR (2019) [hereinafter 2ND PILOT YEAR], https://oscar.courts.gov/federal_lawclerk_hiringpilot; see
also Will Baude, A Proposal for a New Clerkship Hiring Plan (When The Current One Collapses),
REASON: VOLOKH CONSPIRACY (Feb. 10, 2020, 3:55 PM), https://reason.com/2020/02/10/a-proposal-
for-a-new-federal-clerkship-hiring-plan-when-the-current-one-collapses [https://perma.cc/8KYL-
6VVN] (analyzing the 2019 federal law clerk employment pilot and suggesting a new plan).
1](ViewImageLocal?handle=hein.journals/pstscrpt94&div=1&collection=&method=preview&ext=.png&size=3)
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