Judges Commons^™

The Influence Of The Warren Court And Natural Rights On Substantive Due Process, James Marmaduke

Calvert Undergraduate Research Awards

Advanced Research Winner 2019:

While the concept of substantive due process has guided judicial decision making even prior to the Civil War, it has become a lightning rod among the juristic community especially since the 1960s. This controversy includes issues ranging from the applicability and reliability to the cogency and legitimacy of the doctrine of substantive due process Many scholars attribute the skepticism toward the concept of substantive due process to be the result of a paradigm shift in the middle of the 20^th century when this concept transitioned from an economic and property rights based approach to one …

Where Are The Women? Legal Traditions And Descriptive Representation On The European Court Of Justice, Rebecca D. Gill, Christian B. Jensen

Research Briefs

Why are there so few women on the European Union’s highest court, the European Court of Justice (ECJ)? Answering this question is fundamental to understanding how justices to the ECJ are appointed, how they represent Europeans in general and women in particular. In our article, recently published in the journal Politics, Groups and Identities, we find that pre-nomination career experience is associate with gender imbalances in the ECJ. In particular, we find that ECJ judges from member states where there is a tradition of judicial engagement with policy making judicial nominees with past experiences working in government ministries are less …

How Masculinity Can Shape Judicial Decision Making, Rebecca D. Gill, Michael Kagan, Fatma Marouf

Research Briefs

No abstract provided.

The Ideal Judge: How Implicit Bias Shapes Assessment Of State Judges, Rebecca D. Gill, Rafael Oganesyan

Political Science Faculty Research

Judicial Performance Evaluation (JPE) is generally seen as an important part of the merit system, which often suffers from a lack of relevant voter information. Utah’s JPE system has undergone significant change in recent years. Using data from the two most recent JPE surveys, we provide a preliminary look at the operation of this new system. Our results suggest that the survey component has difficulty distinguishing among the judges on the basis of relevant criteria. The question prompts intended to measure performance on different ABA categories are also indistinguishable. We find evidence that, on some measures, female judges do disproportionately …

The Jpe Commission Toward A More Transparent And Informative Evaluation, Rebecca D. Gill, Kenneth Retzl

Political Science Faculty Research

No abstract provided.

Implicit Bias In Judicial Performance Evaluations: We Must Do Better Than This, Rebecca D. Gill

Political Science Faculty Research

Judicial performance evaluations (JPEs) are a critical part of selecting judges, especially in states using merit-based selection systems. This article shows empirical evidence that gender and race bias still exist in attorney surveys conducted in accordance with the ABA’s Guidelines. This systematic bias is related to a more general problem with the design and implementation of JPE surveys, which results in predictable problems with the reliability and validity of the information obtained through these survey instruments. This analysis raises questions about the validity and reliability of the JPE. This is a particularly poor outcome, as it means that we are …