Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Circuit courts (1)
- Civil rights (1)
- Class actions (1)
- Complex litigation (1)
- Empirical study of panel composition (1)
-
- Federal Rules of Civil Procedure (1)
- Federal judges (1)
- Gender & race (1)
- Gender gap (1)
- Human rights (1)
- Influence of ideology (1)
- International courts (1)
- Judicial diversity & behavior (1)
- Judicial process (1)
- Jurisdiction (1)
- Panel effects (1)
- Political affiliation (1)
- Substantive representation (1)
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Judges
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
Sean Farhang
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 precedential lawmaking on class certification under Rule 23. We find that the partisan 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 more than double the certification rate of all-Republican panels in precedential cases. We also find that the presence of one African American on a panel, and the presence of two females (but not one), is associated with …
Backlash Against International Courts In West, East And Southern Africa: Causes And Consequences, Karen J. Alter, James T. Gathii, Laurence R. Helfer
Backlash Against International Courts In West, East And Southern Africa: Causes And Consequences, Karen J. Alter, James T. Gathii, Laurence R. Helfer
James T Gathii
This paper discusses three credible attempts by African governments to restrict the jurisdiction of three similarly-situated sub-regional courts in response to politically controversial rulings. In West Africa, when the ECOWAS Court upheld allegations of torture by opposition journalists in the Gambia, that country’s political leaders sought to restrict the Court’s power to review human rights complaints. The other member states ultimately defeated the Gambia’s proposal. In East Africa, Kenya failed in its efforts to eliminate the EACJ and to remove some of its judges after a decision challenging an election to a sub-regional legislature. However, the member states agreed to …