Frequently Asked Questions
1. What is the purpose of this FAQ?
Simply put, transparency.
The LAP’s mission is to ensure that law clerks have positive clerkship experiences, while extending support and resources to those who do not. LAP promotes transparency in judicial clerkships by partnering with law schools and other stakeholders to provide prospective law clerks with the information they need to make informed decisions about clerking via LAP’s Clerkships Database. By democratizing information about judges, LAP vastly increases the breadth and candor of information about judges as managers and clerkship experiences that is available to students considering clerkships, as well as to clerkship directors and deans advising students on the application process. Everyone who wants to clerk should feel empowered to make the career decision that’s best for them. Knowledge is power. LAP likewise aims to promote transparency to the fullest extent as well. In fact, it is the first core value listed in our Vision Statement. This FAQ provides key information on some of the most common and important questions that stakeholders may have regarding LAP. But LAP does not stop with our FAQs when it comes to promoting transparency. We also provide detailed information for stakeholders and others regarding LAP’s data practices in our Privacy Policy. And if you have any questions about how we collect or use data submitted by law clerks and others, you can contact us at info@legalaccountabilityproject.org. 2. What is the Clerkships Database?
LAP’s Clerkships Database fosters beneficial clerkship experiences and diversifies clerkship applicant pools by democratizing information about judges and increasing transparency in the clerkship application process. Law clerks from courthouses (and law schools) across the country submit post-clerkship surveys about their clerkship experiences. Law students and alumni from participating institutions who are considering post-graduate clerkships or judicial externships can read all the surveys, in order to identify judges who will create positive work environments and avoid judges who mistreat their clerks. The Clerkships Database replaces the “whisper networks” which are currently one of the only ways for prospective clerks to obtain information about judges. This initiative ensures that clerkship applicants have as much information about as many judges as possible before making important career decisions about clerking. The Clerkships Database will also empower more diverse students to pursue clerkships, thereby bolstering schools’ clerkship programs. Transparency benefits everyone, but particularly diverse students, who have unique considerations when deciding whether and where to clerk—including an interest in identifying judges who hire diverse candidates and who are sensitive to diverse identities. 3. How does the Clerkships Database work?
Currently, every law school has a ceiling on the number of judges they have information about, which depends on 1) who alumni have clerked for in the past and 2) their willingness to share information about their clerkship experiences with their law schools. LAP shatters this ceiling on knowledge about clerkships by democratizing information about judges, ensuring that clerkship applicants have as much information about as many judges as possible. The Clerkships Database is populated with post-clerkship survey responses and includes the following information: · Judge’s name, state, court, law school alma mater, gender, race, and appointing president or governor (if applicable); · Clerkship interview information;· Clerkship experience information, including workplace environment, feedback provided, perspective on tasks, and work/life balance during the clerkship; and · Ratings of the overall clerkship experience and each judge as a manager (positive, neutral, or negative). The Clerkships Database vastly increases the breadth and candor of information available to students considering clerkships, as well as to clerkship advisors assisting students with their applications. At the same time, this transparency and diversity, equity, and inclusion resource is the best way to transform the outdated clerkship application process for the next generation of attorneys. 4. Does LAP disclose the identities of individuals who submit information to the Clerkships Database?
No. The Clerkships Database is not a public-access website. Neither judges nor journalists will have access to it. The Clerkships Database employs various security features for all users to ensure that only those who are authorized to either read or write surveys can access the Clerkships Database. Authorized users must create accounts with LAP that include their first and last name, email address, law school affiliation, and graduation year. Users’ law schools or LAP will verify that they clerked. Clerks’ names will not be accessible to students reading surveys in the Clerkships Database unless clerks affirmatively choose: their names are provided upon registration solely to verify that they are authorized account users. This system ensures security and also lessens law clerks’ concerns about reputational harm in the legal community and retaliation that have thus far precluded them from sharing less-than-positive clerkship experiences. 5. I am a current law student and this sounds like a fantastic initiative. How do I access information in the Clerkships Database?
Through partnerships with law schools, the Clerkships Database operates on a subscription model. Students at participating law schools are granted access to the Clerkships Database after they create an authorized user account. Additionally, individual law students and attorneys applying for clerkships can subscribe to the Clerkships Database in Spring 2024 for an individual user fee of just $20 for this clerkship application cycle. Clerkship applicants can visit survey.legalaccountabilityproject.org to pre-register for Clerkships Database access. Please note: this option is only available to students and young lawyers applying for clerkships. Law school clerkship directors and deans of career services can only access LAP’s Clerkships Database via the law school subscription option.
The Clerkships Database is one of the best ways for law students to ensure they have a positive clerkship experience. If your law school does not currently participate in the Clerkships Database, let them know that you would like access to this valuable resource. 6. How can I submit information regarding my prior clerkship experience?
As indicated above, the Clerkships Database is populated with post-clerkship survey responses by former law clerks from courthouses across the country. If you clerked for a judge and want to share information about that experience, you can submit a Post-Clerkship Survey. Your survey response will be anonymous unless you indicated otherwise. Also note that if you completed multiple clerkships, you will be prompted to complete a second (or third) survey upon submission. Please do not provide information regarding more than one clerkship in a single submission. 7. Does LAP modify or revise any of the information submitted by law clerks and made available through the Clerkship Database?
LAP’s Centralized Clerkships Database is based solely on user-generated data from former law clerks, in which LAP functions as a neutral tool that operates on voluntary inputs. LAP does not play any role in creating, developing, or transforming any content or other information provided by former law clerks to LAP. The only involvement LAP may have with law clerk submissions is in the event information is submitted regarding a judge that the submitting individual did not actually clerk for (which will be removed from the Clerkships Database). As a result of the lack of engagement by LAP with law clerk content submissions, LAP is immune from civil liability, including alleged defamation, for any third-party content submitted to the LAP by former law clerks under Section 230 of the Communications Decency Act of 1996 (CDA).Section 230 of the CDA provides immunity to “providers” (e.g. website operators) and users from any cause of action relating to third-party content posted on an “interactive computer service” (e.g. website) (see 47 U.S.C. § 230(c)(1), (e)(3)). Providers have Section 230 immunity so long as they do not co-create the third-party content, only engage in editorial functions that do not cause illegal or discriminatory content, and do not design a content submission system that otherwise violates the law (compare J. B. v. G6 Hosp., LLC to Fair Hous. Council v. Roommates.com).
Users, like law schools utilizing the Clerkship Database, benefit from Section 230 immunity since the survey content posted in the Clerkship Database is not generated or posted by the law schools. LAP’s Clerkship Database is a collection of clerkship surveys that are completed by current and/or former law clerks. Because survey content is generated by the law clerks, the law clerks would be responsible for the accuracy of any factual statements.
LAP does engage in minor editorial functions but does not materially alter the content of the survey results. Additionally, the CDA's "Good Samaritan" provision permits LAP to engage in its content moderation functions to enforce venue rules and meet compliance requirements without losing immunity (see 47 U.S.C. § 230(c)(2)).
8. Are there any antitrust issues associated with use of the Clerkships Database?
No. Generally speaking, U.S. antitrust laws are designed to address improper agreements and similar activities by companies that reduce or restrain competition in the marketplace. The objective of antitrust laws is to ensure there are strong incentives in the marketplace for organizations to provide the highest quality of products and services to consumers. LAP’s Clerkships Database serves to enhance competition among judges, as judges are incentivized to provide law clerks with the best experience possible so they can attract the best and brightest law students to apply for clerkships.