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<\/p>\nIt appears YLS does not want students to access negative information about clerkships, fearing it might dissuade students from clerking for certain prestigious — and abusive — judges.\u00a0
\nThe post Yale Law School Bars Students From Accessing Information About Abusive Judges appeared first on Above the Law.<\/p>\n
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Yale Law School \u2014 no stranger<\/a> to clerkship controversies <\/a>\u2014 has stooped to new lows in its quest to funnel as many students as possible into judicial clerkships, with little regard for the quality of the work environment. YLS barred the use of student organization funds to subscribe to The Legal Accountability Project\u2019s<\/a> (LAP) Centralized Clerkships Database (\u201cGlassdoor for Judges\u201d)<\/a> in a feeble attempt to restrict students\u2019 access to candid outside information about clerkships.<\/p>\n LAP, a nonpartisan, independent counterweight to law schools\u2019 near uniformly positive and misleading clerkship messaging and advising, runs an award-winning<\/a> national clerkships database<\/a>, a repository of nearly 1,500 candid post-clerkship surveys submitted by former judicial law clerks nationwide about more than 1,000 federal and state judges. This is the largest independent repository of clerkship information in the U.S., and it\u2019s more than twice the size of the YLS internal database. But more important than its size is the breadth and candor of information LAP provides. It\u2019s the only<\/i> source of candid, unbiased information \u2014 about both abusive judges and poor managers to avoid, and judges who excel as managers.<\/p>\n While LAP initially hoped law schools would pay a nominal $5 per student per year in subscription fees to give all students access to this valuable resource, many schools are skeptical \u2014 and even hostile. Entrenched school administrators are risk-averse: they benefit from captive audiences \u2014 law students (mis)led to believe they depend on their schools for advice. And, because schools go to great lengths to keep clerkship resources secret, students may not know that other schools do things differently, or that LAP provides a significantly better resource than any law school.<\/p>\n Accordingly, LAP took our Centralized Clerkships Database directly to our customers \u2014 law students, who pay $40 per year to access more information than their schools could ever provide, since anyone who clerked, anywhere, can submit a survey<\/a> to LAP\u2019s database. To ensure accessibility, LAP offers a steep discount to law journals and student organizations subscribing in bulk: $5 per user, the same rate their schools would pay.<\/p>\n This year, in addition to four top law reviews, Yale Law Women (\u201cYLW+\u201d)<\/a> agreed to subscribe on behalf of its 2L members. According to its website, YLW+ \u201cworks to advance the status of women and typically underrepresented gender identities at Yale Law School and in the legal profession at large. To realize this mission and advocate on behalf of our membership, [YLW+] create[s] programming, resources, and mentorship opportunities to bolster women\u2019s and underrepresented gender identities\u2019 pursuit of their professional and personal goals.\u201d Since LAP\u2019s database empowers diverse students<\/a> to access clerkship opportunities, as well as avoid abusive judges and gender-based discrimination and harassment, LAP\u2019s and YLW+\u2019s interests align.<\/p>\n So, LAP was disheartened to learn in November that the YLS administration prohibited <\/i>YLW+ from using YLW+<\/i>\u2019s own<\/i> funds to subscribe to LAP\u2019s database on behalf of its members.<\/p>\n In fact, the money YLS restricted is not its school-administered student organization budget: rather, it\u2019s privately raised<\/i> money from law firms. Do these firms know about the unjust restrictions placed on their funds? This funding restriction is neither transparently delineated in YLS\u2019s login-access-only Student Handbook<\/a>, nor<\/i> in any of its many robust public policies on its website<\/a>.<\/p>\n Yet there is no similar restriction, for example, on gender equity organizations subscribing to magazines or newsletters on behalf of, or purchasing reading materials for, members about gender law. And what is LAP\u2019s database, if not important online reading material \u2014 and an investment in students\u2019 well-being and on-the-job success?<\/p>\n Why would YLS bar the use of student funds to subscribe to LAP\u2019s database? <\/i>You should ask yourself why anyone<\/i> would be opposed to students having more<\/i> information about judicial clerkships, considering their outsized significance<\/a> in the legal profession and the risks inherent<\/a> in these unregulated<\/a>, hierarchical work environments.<\/p>\n Here are the pretextual<\/i> reasons YLS gave in an email to student leaders alerting them of this prohibition:<\/p>\n Frankly, schools like Yale \u2014 professing a commitment to \u201cfree expression<\/a>,\u201d freedom of thought, and robust debate \u2014 should not<\/i> be in the business of restricting what student organizations can spend their funds on, based on whether or not the administration agrees with the organization\u2019s activities and speech. This is analogous to telling the Law School Republicans or Law School Democrats that they cannot use their funds to attend the Republican National Convention or Democratic National Convention, respectively; that a liberal or conservative organization cannot use their funds to host a speaker the administration finds objectionable (which YLS is loath to do<\/a>); or like telling YLW+ they cannot use their funds to attend the Women\u2019s March on Washington. This <\/i>restriction on YLW+\u2019s freedom of expression is no different, and arguably has even greater impact on members\u2019 well-being. YLS\u2019s actions should be met with at least<\/i> equal disdain.<\/p>\n It is antithetical to YLS\u2019s stated commitment<\/a> to free expression, to put their thumb on the scales and suppress an organization\u2019s activities and right to self-expression. Of course, student organizations are not fully autonomous: they receive a budget and space to organize. But why charter affinity organizations at all<\/i>, if you won\u2019t let them act in accordance with their missions \u2014 especially with funds they raised privately<\/i>, not allotted by the school? YLW+\u2019s planned actions harmed no one, and would have helped 77 women law students avoid abusive clerkships<\/a>.<\/p>\n LAP\u2019s Centralized Clerkships Database, which empowers diverse students to avoid abusive judges and unsafe judicial work environments, is completely<\/i> aligned with YLW+\u2019s mission<\/a> of \u201cadvancing the status of women and underrepresented identities\u201d by providing \u201cresources \u2026 to bolster women\u2019s and underrepresented gender identities\u2019 pursuit of their professional and personal goals.\u201d And ensuring that members avoid abusive work environments is a top priority for YLW+. So, YLS, by intervening and restricting YLW+\u2019s activities, actively hinders<\/i> YLW+\u2019s mission and harms its diverse members.<\/p>\n Women are both particularly vulnerable<\/a> to workplace sexual harassment and are significantly underrepresented<\/a> among judicial clerks. By restricting access, YLS ensures more YLW+ members will be harassed during clerkships or will struggle to access clerkship opportunities \u2014 antithetical to their alleged goal of encouraging more students to clerk.<\/p>\n In an effort to diplomatically reach a beneficial resolution, despite YLS\u2019s affront to basic human values and students\u2019 fundamental rights, LAP requested a meeting with YLW+ and the administration to 1) clarify their arguments and 2) advocate for a change in position.<\/p>\n Sadly, YLS deans declined to meet with me, stating that the administration is \u201cunable to meet with product vendors.\u201d<\/p>\n This intentional mischaracterization grossly undervalues the many services LAP provides to students and clerks. In fact, countless YLS students and alumni \u2014 including the many mistreated YLS clerks I\u2019ve counseled over the past few years \u2014 would consider LAP much more<\/i> than a \u201cproduct vendor.\u201d LAP has become the ad hoc clerkships advisor for many in the YLS community. But LAP doesn\u2019t just support aspiring \u2014 and mistreated \u2014 clerks: we sparked a nationwide advocacy movement<\/a> that YLS students and clerks are excited to support \u2014 one the YLS administration would probably prefer did not exist.<\/p>\n YLS hostility to LAP\u2019s goal \u2014 sharing candid information about judicial clerkships with students \u2014 should not give the YLS community confidence in their administration\u2019s ability or desire to respond to student needs. More than 90 YLS students and recent graduates subscribed to LAP\u2019s database last year (nearly one tenth of LAP\u2019s database subscribers were from YLS). And, we\u2019re on track to double that number this year. There\u2019s clearly an unmet need \u2014 one the administration is unwilling to address.<\/p>\n Before digging into the actual reasons LAP believes YLS is restricting students\u2019 access to LAP\u2019s database, I\u2019ll dismantle YLS\u2019s pretextual arguments \u2014 which I would have done in a private meeting, had they been willing to meet with me.<\/p>\n 1. Title IX:<\/b> As Yale\u2019s own website<\/a> makes clear, Title IX<\/a> protects students <\/i>(including law students) against sexual harassment on campus. Specifically,<\/p>\n \u201c[T]his policy applies to students, faculty, and staff, as well as to conduct by third parties (i.e., individuals who are not students, faculty, or staff, including but not limited to guests and consultants) directed toward University students<\/i>, faculty, or staff members while on campus or participating in Yale programs or activities. <\/i>[Emphasis added]<\/p>\n<\/blockquote>\n Title IX is inapplicable here, since clerks who submit surveys into LAP\u2019s database are alumni, not students.\u00a0<\/i><\/p>\n You\u2019d think YLS would a craft better pretextual argument, considering the overlap between the boards of YLW+ and the Title IX student advocacy group. And YLW+ understands<\/i> Title IX, since they released a 2020 report about sexual harassment and Title IX reporting<\/a>.<\/p>\n At a meeting with the administration, I would have asked what<\/i> YLS considers their \u201cTitle IX reporting obligations\u201d to be. Do they believe they have a duty to warn clerkship applicants about abusive judges? To report information about abusive conduct to the federal courts? To encourage mistreated clerks to report misconduct to the federal judiciary? Doubtful.<\/p>\n Some would argue there is potential legal liability for schools that fail<\/i> to warn students about abusive judges. But YLS would rather not engage with those <\/i>arguments, as they threaten the Law School\u2019s clerkship project.<\/p>\n Students: knowing YLS believes they have \u201cTitle IX reporting obligations,\u201d I\u2019d encourage you to ask administrators which judges to avoid. And, if you\u2019re a YLS alumnus who was mistreated by a judge who YLS misled you to clerk for by withholding information, consider holding them legally accountable.<\/p>\n 2. Privacy and Security:<\/b> LAP provides some information about privacy and security on our website<\/a>. We\u2019ve been advised by counsel to provide more robust information to individual schools, which we have, including<\/i> to Yale\u2019s clerkship director. LAP has also met privately with nearly 100 law schools, has conducted product demonstrations for many (including<\/i> YLS), and has exhaustively explained our robust privacy and security protocols to those willing to hear us out.<\/p>\n LAP is proud of the robust privacy and security measures we\u2019ve implemented. In contrast, Yale\u2019s database, like every other school\u2019s, uses a username\/password login system. Students can share login information with friends at other schools. Anyone well-versed in the current clerkship system knows this login-sharing happens, as students frantically search for any <\/i>information about judges when their school does not provide it.<\/p>\n Instead, LAP\u2019s database is tied to a user\u2019s email account. Whenever they log in, a security link is sent to their email. You might share your login information, but you wouldn\u2019t share access to your email account.<\/p>\n Beyond that, LAP\u2019s database has disabled right-click, copy\/paste, print, and save features to limit users\u2019 ability to download and share information. We also have a CONFIDENTIAL watermark on every page with a time-stamp that includes the user\u2019s name and email.<\/p>\n And tracking software allows us to monitor users\u2019 activities. Furthermore, my human eyeballs review every user who registers for database access, and every clerk who submits a survey.<\/p>\n And while clerks who submit surveys to Yale\u2019s database must put their names on them \u2014 chilling responses when experiences are negative, because clerks fear reputational harm or retaliation \u2014 LAP protects clerks\u2019 privacy by empowering them to submit surveys anonymously<\/i>, vastly increasing the breadth and candor of submissions. As a former clerk who personally experienced<\/a> retaliation, I take clerks\u2019 concerns seriously and am attuned to them, because I lived them.<\/p>\n 3. Peer Schools:<\/b> As far as I\u2019m aware, YLS\u2019s actions represent the most significant restriction to date. In fact, at several of YLS\u2019s \u201cpeer schools,\u201d the flagship law reviews subscribe to LAP\u2019s database, and their clerkship advisors are fully aware that they do so.<\/p>\n Frankly, it\u2019s not just<\/i> that YLS\u2019s pretextual arguments are ridiculous and easily dismantled. The real problem is that they did this at all \u2014 and they did it because they\u2019ve historically gotten away with this type of gaslighting, while enjoying a lack of pushback from either students or the public. YLS appears willing to do whatever it takes to protect their perceived clerkship prowess. No longer.<\/p>\n Undeterred, LAP offered individual YLW+ members a discounted rate. After all, it\u2019s not their fault their administration is lying to them, though we hope they\u2019ll now make their voices heard about YLS\u2019s nefarious behavior, especially after comparing LAP\u2019s candid database with their school\u2019s misleading one.<\/p>\n Perhaps I should be flattered that YLS is so threatened by LAP\u2019s fairly nascent Centralized Clerkships Database, that they\u2019d go to such great lengths to oppose us. But frankly, I\u2019m concerned for the students.<\/p>\n Some YLS students know their school is misleading them and withholding information about abusive judges. At LAP\u2019s fall 2024 campus event, one student pointed out the law school\u2019s \u201cmisaligned incentives,\u201d which cut in favor of funneling students into abusive clerkships and protecting abusive judges (particularly abusive YLS alumni judges), rather than a duty of care to students.<\/p>\n Sadly, too many students do not know their school\u2019s database is incomplete and misleading, and that LAP offers a better option. I imagine YLS would prefer students not<\/i> know they barred the use of student funds: now, they\u2019ll be forced to explain themselves.<\/p>\n For a school that professes (at least superficially on their website<\/a>) a commitment to free expression; diversity, equity, and inclusion; and robust debate, these claims ring hollow when YLS is confronted with speech it does not like, or that does not jibe with its institutional interests.<\/p>\n Why suppress this particular free expression? It\u2019s unwelcome when it threatens YLS\u2019s clerkship machine \u2014 one that functions best (for the school) when students have as little information about judges as managers and workplace conduct as possible and cannot make truly informed clerkship decisions.<\/p>\n It appears YLS does not want students to access negative information about clerkships, fearing it might dissuade students from clerking for certain prestigious \u2014 and abusive \u2014 judges. Of course, YLS students will always get clerkships: they can afford to be choosy. And, frankly, it\u2019s not \u201cchoosy\u201d to decide not to subject yourself to abuse.<\/p>\n Some administrators and faculty fundamentally believe negative information about judges should never <\/i>be put in writing and that LAP\u2019s database \u2014 containing candid information about judicial work environments \u2014 should not exist. The status quo benefits them (though not their students). They value their relationships with prestigious judges and would prefer not to know if they are abusive. The clerkships \u201cwhisper network\u201d<\/a> worked just fine for them, so why change things?<\/p>\n Frankly, some faculty engage in revisionist thinking about their own negative clerkships. Perhaps they endured mistreatment themselves and believe others should suffer through it, too. It\u2019s no surprise these views flourish at YLS, infamous for both inviting notorious Ninth Circuit harasser Alex Kozinski<\/a> to campus, and funneling attractive female students<\/a> to clerkships with Brett Kavanaugh.<\/p>\n In fact, YLS once signaled a commitment to reform \u2014 in 2020, around the time a former Reinhardt clerk testified before Congress about sexual harassment<\/a> she experienced. YLS created a Committee on Judicial Misconduct and Reporting<\/a>, in collaboration with YLW+. Unfortunately, that committee\u2019s report and recommendations went nowhere. Should YLS want to renew their commitment to clerkship reform, they should start by subscribing to LAP\u2019s database<\/a>!<\/p>\n Perhaps some judges will leap to the defense of YLS, lauding them for trying to suppress access to a nationwide Centralized Clerkships Database they cannot control or even see. But those judges, like Yale\u2019s administrators, are telling on themselves. Because only someone with something to hide about their own conduct would oppose an initiative designed to facilitate more transparent information about judicial clerkships and prevent workplace abuse, particularly for historically marginalized groups.<\/p>\n When pressed on the subject of abusive judges, YLS advisors will tell students they\u2019ve \u201cheard mixed things\u201d so students should \u201cdo their research\u201d before applying. But, of course, if the only resource students have access to is YLS\u2019s database, containing fewer than 10 negative surveys out of hundreds, can students really<\/i> do informed research? That\u2019s insufficient \u201cresearch\u201d for a YLS legal research paper; it is certainly not sufficient as you contemplate one of your most important early career decisions \u2014 whether and for whom to clerk. There is only one<\/i> way to know which judges to apply to, and which to avoid \u2014 LAP\u2019s Centralized Clerkships Database.<\/p>\n Fortunately, YLS students and alumni no longer have to accept administration gaslighting. They should vote with their feet.<\/p>\n Students:<\/b> register today for LAP\u2019s Centralized Clerkships Database<\/a> for just $40 for the real deal<\/i> on clerking. You no longer have to rely on your administration\u2019s lies. Then, make your voice heard. You are powerful. Your law school benefits from boasting<\/a> about graduates\u2019 prestigious clerkships<\/a>, with little regard for whether those experiences are positive. Sometimes, the law school literally benefits off of graduates\u2019 misery.<\/p>\n Law clerk alumni:<\/b> Share your clerkship experiences<\/a> in LAP\u2019s database and contribute to this nationwide transparency effort. Do not share your experience in YLS database \u2014 not until they subscribe to LAP\u2019s database and make information broadly available to students. Your clerkship experience is yours<\/i>, not your school\u2019s. And there is no better example that knowledge is power, than LAP\u2019s database. Send a powerful message to the administration about demanding transparency, accountability, and equity in clerkship advising.<\/p>\n YLS counts on disempowering students from fighting back against injustice. They rely on students\u2019 silence. What they didn\u2019t bargain for, I imagine, is an organization like LAP: not afraid, not beholden to anyone, and certainly not staying silent in the face of injustice.<\/p>\n If students rise up and demand change, the administration cannot look away. You do not need YLS to facilitate your clerkship research, especially when they\u2019re harming rather than helping you.<\/p>\n Many in the legal industry will see YLS\u2019s actions for what they are: a thinly veiled, pathetic attempt to ensure that the students who need LAP\u2019s clerkship information the most, may not be able to access it, and will remain beholden to YLS for whatever crumbs of information are tossed their way. I worry about the students LAP has not reached, who may not understand their school is lying to them about clerkships. LAP is not. Students can compare for themselves.<\/p>\n Yale Law School has historically received a free pass in conversations about judicial accountability. Now, through clerkship transparency, the administration \u2014 as well as the abusive judges it protects and misleads students to clerk for \u2014 will be held accountable for their reprehensible practices.<\/p>\n Aliza Shatzman is the President and Founder of\u00a0<\/i><\/strong>The Legal Accountability Project<\/i><\/b><\/a>, a nonprofit aimed at ensuring that law clerks have positive clerkship experiences, while extending support and resources to those who do not. She regularly writes and speaks about judicial accountability and clerkships. Reach out to her via email at\u00a0<\/i><\/strong>[email\u00a0protected]<\/i><\/b><\/a>\u00a0and follow her on Twitter @AlizaShatzman.<\/i><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":" It appears YLS does not want students to access negative information about clerkships, fearing it might dissuade students from clerking for certain prestigious — and abusive — judges.\u00a0 The post Yale Law School Bars Students From Accessing Information About Abusive Judges appeared first on Above the Law. 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