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Articles 1 - 9 of 9
Full-Text Articles in Judges
What An Ethics Of Discourse And Recognition Can Contribute To A Critical Theory Of Refugee Claim Adjudication: Reclaiming Epistemic Justice For Gender-Based Asylum Seekers, David Ingram
Philosophy: Faculty Publications and Other Works
Abstract: Using examples drawn from gender-based asylum cases, this chapter examines how far recognition theory (RT) and discourse theory (DT) can guide social criticism of the judicial processing of women’s applications for protection under the Geneva Convention Relating to the Status of Refugees (1951) and subsequent protocols and guidelines put forward by the United Nations High Commissioner for Refugees (UNHCR). I argue that these theories can guide social criticism only when combined with other ethical approaches. In addition to humanitarian and human rights law, these theories must rely upon ideas drawn from distributive, compensatory, and epistemic justice. Drawing from recent …
Assessing President Obama’S Appointment Of Women To The Federal Appellate Courts, Laura Moyer
Assessing President Obama’S Appointment Of Women To The Federal Appellate Courts, Laura Moyer
Faculty Scholarship
A major legacy of the Obama presidency was the mark he left on the federal courts with respect to increasing judicial diversity. In particular, President Obama’s appointments of women to the federal judiciary exceeded all previous presidents in terms of both absolute numbers and as a share of all judges; he also appointed a record-setting number of women of color to the lower federal courts. In this Article, I take an intersectional approach to exploring variation in the professional backgrounds, qualifications, and Senate confirmation experiences of Obama’s female appeals court appointees, comparing them with George W. Bush and Bill Clinton …
Implicit Bias In Judicial Performance Evaluations: We Must Do Better Than This, Rebecca D. Gill
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 …
Disparity In Judicial Misconduct Cases: Color-Blind Diversity?, Athena D. Mutua
Disparity In Judicial Misconduct Cases: Color-Blind Diversity?, Athena D. Mutua
Journal Articles
This article presents and analyzes preliminary data on racial and gender disparities in state judicial disciplinary actions. Studies of demographic disparities in the context of judicial discipline do not exist. This paper presents a first past and preliminary look at the data collected on the issue and assembled into a database. The article is also motivated by the resistance encountered to inquiries into the demographic profile of the state bench and its judges. As such, it also tells the story of the journey undertaken to secure this information and critiques what the author terms a practice of colorblind diversity. Initially …
Federalism, Liberty, And Equality In United States V. Windsor, Ernest A. Young, Erin C. Blondel
Federalism, Liberty, And Equality In United States V. Windsor, Ernest A. Young, Erin C. Blondel
Faculty Scholarship
This essay argues that federalism played a profoundly important role in the Supreme Court's decision in United States v. Windsor, which struck down the federal Defense of Marriage Act. Arguments to the contrary have failed to appreciate how Justice Kennedy's opinion employed federalism not as a freestanding argument but as an essential component of his rights analysis. Far from being a "muddle," as many have claimed, Justice Kennedy's analysis offered one of the most sophisticated examples to date of the interconnections between federalism, liberty, and equality.
Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer
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.
Judges' Gender And Employment Discrimination Cases: Emerging Evidence-Based Empirical Conclusions, Pat K. Chew
Judges' Gender And Employment Discrimination Cases: Emerging Evidence-Based Empirical Conclusions, Pat K. Chew
Articles
This article surveys the emerging empirical research on the relationship between the judges' gender and the results in employment discrimination cases.
Gender, Race, And Intersectionality On The Federal Appellate Bench., Todd Collins, Laura Moyer
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 …
Political Representation And Accountability Under Don't Ask, Don't Tell, Tobias Barrington Wolff
Political Representation And Accountability Under Don't Ask, Don't Tell, Tobias Barrington Wolff
All Faculty Scholarship
The U.S. military's Don't Ask, Don't Tell policy constitutes a singular type of speech regulation: an explicit prohibition on identity speech by a defined population of individuals that mandates a state of complete social invisibility in both military and civilian life. The impact of such a regulation upon the public speech values protected by the First Amendment should not be difficult to apprehend. And yet, as the tenth anniversary of the policy approaches, First Amendment scholars have largely ignored this seemingly irresistible subject of study, and the federal courts have refused to engage with the policy's implications for public speech …