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Full-Text Articles in Law
Brennan Center For Justice Symposium Introduction: Diversity, Impartiality, And Representation On The Bench, Kele Williams
Brennan Center For Justice Symposium Introduction: Diversity, Impartiality, And Representation On The Bench, Kele Williams
Michigan Journal of Race and Law
As is evident from these articles, the question of judicial diversity is far more complex and nuanced than the current debate suggests. Many unanswered questions remain. The scholars in this issue and the others who presented their work at our convening have begun to reframe the debate and identify the hardest questions. We hope that this symposium issue will provoke further thought and provide a context for additional scholarship that will help us to answer those questions.
A Principled Approach To The Quest For Racial Diversity On The Judiciary, Kevin R. Johnson, Luis Fuentes-Rohwer
A Principled Approach To The Quest For Racial Diversity On The Judiciary, Kevin R. Johnson, Luis Fuentes-Rohwer
Michigan Journal of Race and Law
Part I of this Article considers the different voices and perspectives added to the judiciary by the appointment of minorities. Part II analyzes the many impacts of diversity on the bench, including greater judicial impartiality. Part III sets forth the arguments supporting a diverse jury pool and discusses how they inform the analysis of the quest for racial diversity among judges. Part IV outlines a principled approach to the pursuit of judicial diversity.
Does A Diverse Judiciary Attain A Rule Of Law That Is Inclusive?: What Grutter V. Bollinger Has To Say About Diversity On The Bench, Sylvia R. Lazos Vargas
Does A Diverse Judiciary Attain A Rule Of Law That Is Inclusive?: What Grutter V. Bollinger Has To Say About Diversity On The Bench, Sylvia R. Lazos Vargas
Michigan Journal of Race and Law
This Article concludes that political dialogue engendered by controversial minority judicial nominations, like those of Miguel Estrada and Janice Rogers Brown, could be an avenue to educating the polity as to why it is important to achieve greater minority representation on the bench. The pluralistic process-based model of judging advocates that a critical mass of diverse judges be achieved, not that the minority judges be liberal rather than conservative, communitarian rather than individualist, or Democrat rather than Republican. The goal is that there be a critical mass of minority judges on benches that make decisions as a group, like circuit …
Toward An Understanding Of Judicial Diversity In American Courts, Barbara L. Graham
Toward An Understanding Of Judicial Diversity In American Courts, Barbara L. Graham
Michigan Journal of Race and Law
Part I of this Article explores the utility of descriptive representation as an important concept in understanding why judicial diversity matters from a political perspective. Part II begins an empirical examination of judicial diversity at the federal level while Part III presents an analysis of state court diversity. The data presented in Parts II and III indicate that judges of color are underrepresented at all levels of the federal and state court systems and that particular racial and ethnic groups are virtually excluded from federal and state benches. The conclusion argues that the data presented in this Article support a …