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To: CatoRenasci
We're talking about pure horsepower here.

I can accept that a brilliant legal mind may emerge from a lesser school. Family values, youthful priorities, or economics may discourage someone from initially aiming for the top teir; but, I see no evidence of brilliant mind. Popularity, and personal loyalty are irrelevant for an AJ; if they cannot argue their point of view, their held opinions are worthless.
153 posted on 09/29/2005 4:17:10 AM PDT by ARCADIA (Abuse of power comes as no surprise)
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To: ARCADIA
I am not suggesting that it is impossible for a brilliant (conservative) legal mind to emerge from a third tier (or lower) law school; rather that it is far less likely than for a first rate (conservative) legal mind to emerge from a top tier law school. While there will be a few -- a very few -- really bright students at the lower tier law schools, for many of the reasons you suggest, it's a whole lot more likely that the first rate legal minds to come out of the top tier law schools, clerk for well-regarded (conservative) appellate judges or supreme court justices, and then go on to careers of demonstrated achievement at the very highest levels of sophisticated trial or commerical practice.

In the case of a graduate of a third, or even second, tier law school, I would want to see an even more impressive set of achievements demonstrating first rate ability before I even considered nominating him or her for a top tier court.

Your post suggests that you think the top tier law schools students are no brighter, just wealthier, better connected, more focused and with family values more conducive to aiming high, than the students at third tier and below law schools. That may have been true 40 years ago. It wasn't true when I went to law school 25 years ago and it's not true today. All you have to do is look at the LSAT scores and undergraduate records of the entering classes at the various schools.

In fact, students at lower tier schools may well be more focused and motivated to do well than the kids at the top tier, but they're looking for different things, typically. They want to learn specifically what they will need to practice -- a healthy attitude in many ways -- and are often older and come to legal education after several years working. The education itself at the top tier schools is pitched differently, it's more theoretical and less practical. It is geared more to training legal scholars, those who will end up teaching or writing about the law. In fact, the top tier schools are often criticized on that ground by practioners. However, when I'm looking for a first rate conservative legal mind for a judgeship, I would rather they have that training than the more practical, bar passage-oriented training at the lower tiers of law schools.

172 posted on 09/29/2005 6:19:00 AM PDT by CatoRenasci (Ceterum Censeo Arabiam Esse Delendam -- Forsan et haec olim meminisse iuvabit)
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