I'm seeing lots of clerkship advice, so here's mine. I've said it before. It's very niche advice.

If you happen to be at a school where people talk unironically about which circuit or district is more "prestigious" - you know who you are - basically, stop it. 1/
Yes, for a few people who are trying to ascend the clerkship ladder to SCOTUS, I guess this is important. I dunno man.

But otherwise, clerking for a judge who is interested in your career and development and treats you fairly is an incredible privilege and honor. /2
All the judges decide important cases that decide important rights for many many people, and the commission that hangs on their wall and the constitutional authority that flows from it is the same.

So, again, stop it with the rankings.
I cannot express to you how laughable this concept is in the world of practice. Really. No.

I'm not judging. I pored over the lists in law school. But it is dumb.
All of this also applies to state court judges. I'm talking federal here because that's what the deadline this week was, I think.

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More from @RMFifthCircuit

16 Jun
Every so often I find a CA5 case that gives me a grand headache - today is one of those days.

The short story: case filed in state court. Defendant counterclaims. Plaintiff doesn't answer - Texas law deems this a general denial.

But ... 1/
ca5.uscourts.gov/opinions/unpub…
In the meantime, the case was removed to federal court. And in federal court you *must* answer counterclaims.

Two years later, after MSJs are briefed, Plaintiff answers the counterclaims. The district judge (alas, one that has been in the crosshairs recently) accepts. /2
But he doesn't explain in any way what excusable neglect might have justified the delay. CA5 not only reverses, it finds there is no excusable neglect. /3 Image
Read 5 tweets
15 Jun
The quoted email here is just shocking. Not that we didn’t know Trump was pressing DOJ to bring these claims. Of course he was. But in black and white.
I’m very glad DOJ held up to this incredibly improper pressure campaign.
The coup attempt was pathetic, but that doesn't mean Trump wasn't trying.
Read 4 tweets
14 Jun
Had a career advice coffee this AM. Let me repeat my main message, which my followers will know.

This is a very big field. If you have identified what might make you happy, you must find a way to do it. Do not listen to the plodders who talk about it takes you off track. 1/
The track to perdition is no track at all. You must find the way to bust out and do what you want to do, even if it takes time or is unpleasant. You cannot let yourself be bullied back onto "track."
All sorts of people will tell you that the thing you want to do is dumb, or can't be done, or is for someone else. Well, we'll see. But try first.
Read 5 tweets
9 Jun
Interesting Title VII case tonight from CA5 - this will need to be a slightly long thread. #AppellateTwitter.

ca5.uscourts.gov/opinions/pub/2…

1/
OK, so, broad strokes - to bring a Title VII claim for employment discrimination, you have to write down your beef and send it to the EEOC. It's a special form called the "Charge." You get a right to sue about anything on the Charge. 2/
If you don't do the Charge, your case gets dismissed. If your lawsuit includes something that's not on the Charge, dismissed. The Charge is very important.

Most folks don't have a lawyer when they do the Charge. /3
Read 8 tweets
9 Jun
Great offer from a friendly Swedish judge!
Side note: the weakness of our profession is that it is incredibly US focused. I’ve tried to use my account to combat this. I think I’ve made some inroads with our UK friends. But lawyers are lawyers all over the world. I’d like to meet more.
I love the US. But the notion that we don’t have a lot to learn from all our friends overseas has always struck me as a little sad. There’s all these interesting people with askew ideas to learn stuff from! We all speak the same legal language!
Read 4 tweets
8 Jun
This Friday afternoon I'm giving the Fifth Circuit update at the mighty Conference on State and Federal Appeals (so sad I can't see all my friends at the conference this year - hopefully this is the last one fully on zoom)

utcle.org/conferences/AP…
I'm often asked how to find out who the appellate lawyers in Texas are (by students or laterals). One way, it occurs to me, is to just make a list of all the speakers. That's underinclusive, but it'll capture a LOT of us.
Also, the timing gives you a fair summary of Texas appellate practice - Fed Appeals is Friday PM, with most of the conference given over to state appeals. That's ... how practice is here too.
Read 8 tweets

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