2014International Journal of the Legal ProfessionRequires access

From Hyderabad to Harvard: how US law schools make it worthwhile to clerk on India's Supreme Court

Abhinav Chandrachud

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Abstract

Since the 1990s, judges of the Supreme Court of India have hired law clerks to help them perform some of their routine tasks. However, while clerkships on the U.S. Supreme Court are considered very prestigious and are extensively written about, clerkships on India's Supreme Court are considered to be of significantly lower value by the local legal profession and teaching market in India. Instead, ironically, clerkships on the Supreme Court of India are often pursued by students interested in getting an advanced law degree (usually an LL.M.) at a U.S. law school. Relying on interviews conducted with law clerks and interns who have served on the Supreme Court of India, and using India as a case study, this paper argues that ambitious Indian law students are adopting strategies to “Americanize” themselves in order to culturally arbitrage U.S. law schools' misunderstandings of the global legal profession.

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What this paper is about

Since the 1990s, judges of the Supreme Court of India have hired law clerks to help them perform some of their routine tasks. However, while clerkships on the U.S. Supreme Court are considered very prestigious and are extensively written about, clerkships on India's Supreme Court are considered to be of significantly lower value by the local legal profession and teaching market in India. Instead, ironically, clerkships on the Supreme Court of India are often pursued by students interested in getting an advanced law degree (usually an LL.M.) at a U.S. law school. Relying on interviews conducted with law clerks and interns who have served on the Supreme Court of India, and using India as a case study, this paper argues that ambitious Indian law students are adopting strategies to “Americanize” themselves in order to culturally arbitrage U.S. law schools' misunderstandings of the global legal profession.

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Available abstract

Since the 1990s, judges of the Supreme Court of India have hired law clerks to help them perform some of their routine tasks. However, while clerkships on the U.S. Supreme Court are considered very prestigious and are extensively written about, clerkships on India's Supreme Court are considered to be of significantly lower value by the local legal profession and teaching market in India. Instead, ironically, clerkships on the Supreme Court of India are often pursued by students interested in getting an advanced law degree (usually an LL.M.) at a U.S. law school. Relying on interviews conducted with law clerks and interns who have served on the Supreme Court of India, and using India as a case study, this paper argues that ambitious Indian law students are adopting strategies to “Americanize” themselves in order to culturally arbitrage U.S. law schools' misunderstandings of the global legal profession.

Key concepts: Supreme court, Law, Precedent, Political science, Legal profession, Legal education, Order (exchange), Economics

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