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Civil Rights and Discrimination Commons™
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- Assimilation (1)
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- Civil rights (1)
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- Derrick bell (1)
- Empirical study of panel composition (1)
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- Gender gap (1)
- Influence of ideology (1)
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- Masterpiece cakeshop v. colorado civil rights commission (1)
- Obergefell v. hodges (1)
- Panel effects (1)
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- Queer theory (1)
- Racial fortuity (1)
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- Sexual orientation antidiscrimination (1)
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Articles 1 - 2 of 2
Full-Text Articles in Civil Rights and Discrimination
Queer Sacrifice In Masterpiece Cakeshop, Jeremiah A. Ho
Queer Sacrifice In Masterpiece Cakeshop, Jeremiah A. Ho
All Faculty Scholarship
This Article interprets the Supreme Court’s 2018 decision, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, as a critical extension of Derrick Bell’s interest convergence thesis into the LGBTQ movement. Chiefly, Masterpiece reveals how the Court has been more willing to accommodate gay individuals who appear more assimilated and respectable—such as those who participated in the marriage equality decisions—than LGBTQ individuals who are less “mainstream” and whose exhibited queerness appear threatening to the heteronormative status quo. When assimilated same-sex couples sought marriage in Obergefell v. Hodges, their respectable personas facilitated the alignment between their interests to marry and the Court’s …
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang
Politics, Identity, And Class Certification On The U.S. Courts Of Appeals, Stephen B. Burbank, Sean Farhang
All Faculty Scholarship
This Article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence class certification under Rule 23 of the Federal Rules of Civil Procedure. We find that the ideological composition of the panel (measured by the party of the appointing president) has a very strong association with certification outcomes, with all-Democratic panels having dramatically higher rates of procertification outcomes than all-Republican panels—nearly triple in about the past twenty years. We also find that the presence of one African American on a panel, and the presence of …