Digital Commons Network^™

"Who Shapes The Law? Gender And Racial Bias In Judicial Citations.", Laura P. Moyer, John J. Szmer, Susan B. Haire, Robert K. Christenson

Faculty Scholarship

In this letter, we assess whether the contributions of judges from underrepresented groups are undervalued or overlooked, thereby reducing these judges’ influence on legal policy. Drawing on an original dataset of discretionary citations to over 2,000 published federal appellate decisions, we find that the majority of opinions written by female judges receive less attention from other courts than those by similarly situated men and that this is largely attributable to disparities in citing Black women and Latinas. We also find that additional efforts by Black and Latinx judges to ground their opinions in precedent yield a much lower rate of …

Political Opportunism, Position Taking, And Court-Curbing Legislation., Laura Moyer, Ellen M. Key

Faculty Scholarship

Although there is extensive scholarship on court-curbing efforts directed at the U.S. Supreme Court, much less is known about bills targeting the lower federal courts. This article argues that members of Congress also engage in position taking with respect to the U.S. Courts of Appeals, by proposing legislation to divide up the Ninth Circuit. Over seven decades, no other circuit has attracted as much court-curbing legislation as the Ninth Circuit, and yet no bill has succeeded. What accounts for this persistent focus on one court? We argue that bill sponsors are motivated primarily by electoral considerations and capitalize on the …

Intersecting Disadvantages: Race, Gender, And Age Discrimination Among Attorneys., Todd Collins, Tao L. Dumas, Laura Moyer

Faculty Scholarship

This article explores the impact of race, gender, age, and intersectionality on attorneys’ perceptions of unfair treatment by other lawyers and on satisfaction with their legal careers. Using an original survey of over 2,000 attorneys, ordered logit is utilized to analyze attorneys’ perceptions of disparate treatment based on race, gender, and age and to test whether minority female attorneys face unique barriers within their professional relationships. We find that minority women are more likely than others to perceive unfair treatment based on race, gender, and age. This also contributes to lower career satisfaction for attorneys who are women of color …

Trailblazers And Those That Followed : Personal Experiences, Gender, And Judicial Empathy., Laura P. Moyer, Susan B. Haire

Faculty Scholarship

This paper investigates one causal mechanism that may explain why female judges on the federal appellate courts are more likely than men to side with plaintiffs in sex discrimination cases. To test whether personal experiences with inequality are related to empathetic responses to the claims of female plaintiffs, we focus on the first wave of female judges, who attended law school during a time of severe gender inequality. We find that female judges are more likely than their male colleagues to support plaintiffs in sex discrimination cases, but that this difference is seen only in judges who graduated law school …

The Value Of Precedent : Appellate Briefs And Judicial Opinions In The U.S. Courts Of Appeals., Laura P. Moyer, Todd A. Collins, Susan B. Haire

Faculty Scholarship

This study of appellate advocacy examines factors that affect judicial treatment of precedents identified in litigant briefs. Although we find some attorney and party characteristics influence whether a court addresses precedent cited by a party, legal resources are not as influential in determining whether the court adopts a party’s use of a precedent. At times, ideological congruence between the circuit panel and the litigant can increase the likelihood that the court’s opinion will use a precedent in the same way as presented by the litigants. There is also some support for the importance of attorney experience. Even when their clients …

Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer

Faculty Scholarship

This article draws from critical mass studies of gender in other political institutions to inform an application to the US Courts of Appeals. The results demonstrate the utility of considering court-level aspects of diversity. As mixed-sex panels become more common within a circuit, both male and female judges increasingly support plaintiffs in civil rights claims, though the magnitude of the effect is larger for women. The presence of a female chief judge is also positively associated with pro-plaintiff decisions by men and women in sex discrimination cases.

Judicial Innovation And Sexual Harassment Doctrine In The U.S. Court Of Appeals., Laura P. Moyer, Holley Takersley

Faculty Scholarship

The determination that sexual harassment constituted “discrimination based on sex” under Title VII was first made by the lower federal courts, not Congress. Drawing from the literature on policy diffusion, this article examines the adoption of hostile work environment standards across the U.S. Courts of Appeals in the absence of controlling Supreme Court precedent. The results bolster recent findings about the influence of female judges on their male colleagues and suggest that in addition to siding with female plaintiffs, female judges also helped to shape legal rules that promoted gender equality in the workplace.

The Role Of Case Complexity In Judicial Decision Making., Laura P. Moyer

Faculty Scholarship

The literature on ideology and decision making offers conflicting expectations about how judges’ ideology should affect their votes in cases that raise many legal issues. Using cases from the U.S. Courts of Appeals, I examine the strength of ideology as a predictor of sincere voting in single and multi-issue cases and test whether the same effect for ideology can be seen for liberal and conservative judges. For all judges, ideology yields a larger effect as the number of issues increases; however, conservative judges are much more likely than liberal judges to cast sincere votes at all levels of complexity.

Measuring Ambivalence About Government In The 2006 Anes Pilot Study., Michael D. Martinez, Jason Gainous, Stephen C. Craig

Faculty Scholarship

Although scholars increasingly recognize that people often possess multiple and even conflicting attitudes about a given topic, our understanding of the nature, causes, and consequences of such attitudinal ambivalence is limited by a lack of consensus as to how the concept should be operationalized. In this paper, we examine three separate measures (one subjective, two operative) of ambivalence regarding "the federal government in Washington" that were asked in the 2006 ANES Pilot Study. Our findings indicate that while the operative measures are less susceptible to question-order and response-order effects, none of the three indicators fares particularly well in various other …

Othering Obama : How Whiteness Is Used To Undermine Authority, David S. Owen

Faculty Scholarship

In this paper, I argue that the sociocultural structuring property of whiteness has been utilized to marginalize President Obama and effectively undermine his presidential authority. Whiteness functions in a largely invisible and ostensibly deracialized way to normalize the interests, needs, and values of whites, while at the same time marginalizing and devaluing the voice of people of color. Analyzing the health care debate through this theoretical lens generates insights into how the debate reproduced the system of racial oppression, and how whiteness functions in political discourse.

Competing Social Movements And Local Political Culture : Voting On Ballot Propositions To Ban Same-Sex Marriage., Arnold Fleischmann, Laura Moyer

Faculty Scholarship

Objective: This paper uses social movement theory to explain variation in local support for proposed constitutional amendments to ban same-sex marriage in 22 states during 2004 and 2006.

Methods: The analysis uses OLS regression with county-level data to explain variation in local support for the amendments.

Results: Support for the amendments in both years was positively related to the proportion of a county that was evangelical or Republican, but negatively related to its level of education and proportion of Catholics. Amendment support was positively related in only one year to the percentage of a county’s population that …

Gender, Race, And Intersectionality On The Federal Appellate Bench., Todd Collins, Laura Moyer

Faculty Scholarship

While theoretical justifications predict that a judge’s gender and race may influence judicial decisions, empirical support for these arguments has been mixed. However, recent increases in judicial diversity necessitate a reexamination of these earlier studies. Rather than examining individual judges on a single characteristic, such as gender or race alone, this research note argues that the intersection of individual characteristics may provide an alternative approach for evaluating the effects of diversity on the federal appellate bench. The results of cohort models examining the joint effects of race and gender suggest that minority female judges are more likely to support criminal …

The Electronic Ballot Box : Class, Age And Racial Bias On The Internet., Jason Gainous, Kevin M. Wagner

Faculty Scholarship

This research creates a theoretical framework for understanding the effect of Internet voting on the electorate. Based on standard Downsian rational choice voting theory, we claim that Internet voting lowers the cost of voting for certain voting demographics based upon race, age, and income.We further contend that this electoral advantage may crystallize the growing turnout disparity be-tween demographic groups. The theory is tested using Bayesian inferential methods with data from the Internet turnout in the 2000 Arizona Democratic Presidential Primary merged with demographic data obtained from the 2000 Census. Our findings lend support for the theory that the Internet provides …

Winners, Losers, And Perceived Mandates : Voter Explanations Of The 1998 Gubernatorial And 2000 Presidential Elections In Florida., Stephen C. Craig, Michael D. Martinez, Jason Gainous, James G. Kane

Faculty Scholarship

Elections are sometimes seen as legitimizing institutions, promoting system-level support among citizens by providing them with input into the political process. However, prior research has found that is less true among the supporters of losing candidates, who often exhibit lower levels of political trust and satisfaction with democracy. We analyze two statewide surveys in Florida (following the gubernatorial and senatorial elections of 1998, and the controversial presidential election of 2000), and find that (1) losers do exhibit lower levels of political trust, satisfaction with democracy, and beliefs that government is responsive to citizens; (2) losers also are more likely to …

Religion And Core Values : A Reformulation Of The Funnel Of Causality., Jason Gainous, Bill Radunovich

Faculty Scholarship

This study reformulates the classic funnel of causality proposed in The American Voter. Where The American Voter suggests that group affiliation and values are equally influential in candidate choice, the foundational sociological literature suggest that values are derived from group affiliation, and therefore The American Voter has misconceptualized the ordering of these influences. We concur with the sociological literature, which suggests that values are more proximate to that decision than is group affiliation. Examining data from a 2002 statewide survey of Florida residents, and using religious affiliation as a measure of group affiliation, we explore the effects of political core …

Issue-Related Learning In A Gubernatorial Campaign : A Panel Study., Stephen C. Craig, James G. Kane, Jason Gainous

Faculty Scholarship

This study is based on data from a three-wave telephone panel survey conducted during the 1998 governor's race in Florida. The evidence suggests that a considerable amount of issue-related learning (having to do with candidate policy stands and group endorsements) took place over the course of the general election campaign, though substantial differences were observed from one issue area to the next. Further analysis indicates that learning was especially likely to occur among voters who (a) were more knowledgeable about political affairs to start with(confirming that the so-called "knowledge gap" may be exacerbated during campaigns); (b)scored high on a measure …

Congressional Actions And Public Reactions., Jason Gainous

Faculty Scholarship

This paper explores the link between congressional actions and public attitudes about government responsiveness, public efficacy, and public trust in government. Congressional actions are moves by members of Congress that are potentially consequential to public opinion. The theory contends that actions taken by Congress influence these perspectives on government within an alert stratum of the public. This relationship is demonstrated by employing a pooled time-series logistical regression modeling data that come from the American National Election Studies merged with historical actions data. The findings support the contention that increased actions by Congress increase public efficacy and trust in government, and …

Why Does Voting Get So Complicated? : A Review Of Theories For Analyzing Democratic Participation., Jeff Gill, Jason Gainous

Faculty Scholarship

The purpose of this article is to present a sample from the panoply of formal theories on voting and elections to Statistical Science readers who have had limited exposure to such work. These abstract ideas provide a framework for understanding the context of the empirical articles that follow in this volume. The primary focus of this theoretical literature is on the use of mathematical formalism to describe electoral systems and outcomes by modeling both voting rules and human behavior. As with empirical models, these constructs are never perfect descriptors of reality, but instead form the basis for understanding fundamental characteristics …

Is There A Woman's Perspective? : An Exploration Of Gender Differences Along Republican And Conservative Lines., Jason Gainous

Faculty Scholarship

Is there a distinct “woman’s perspective?” This paper argues that the answer is an emphatic yes. American National Election Study survey data are used to explore Republican and conservative women’s attitudes concerning social spending issues and religiosity. Most of the previous gender gap research focuses on gender differences in attitudes by examining gender shifts in political party identification and voting, but do not adequately address opinion differences along gender lines between groups that think of themselves as similar. This paper asserts that if men and women who classify themselves as both conservative and Republican exhibit distinct differences, evidence of a …