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Articles 1 - 11 of 11
Full-Text Articles in Law
Different Voices : Measuring Female Judges' Influence On Women's Rights Issues In The U.S. Courts Of Appeal., Alyson E Hendricks
Different Voices : Measuring Female Judges' Influence On Women's Rights Issues In The U.S. Courts Of Appeal., Alyson E Hendricks
College of Arts & Sciences Senior Honors Theses
Beginning with President Carter and continuing with each successive president, the federal bench has become more diverse. This has caused scholars to turn their attention to how personal characteristics such as race and sex affect judging. Understanding the effects of gender and race on judging is crucial because white female and minority female judges may bring a different perspective to the bench than their male counterparts due to their shared experiences with discrimination. To fill a gap in the literature, this study examines the impact of women in terms of legal influence and voting behavior. The results demonstrate that women …
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
Laura Moyer
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 …
Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer
Rethinking Critical Mass In The Federal Appellate Courts., Laura Moyer
Laura Moyer
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.
The Highly Political Supreme Court, Riley Lane Munks
The Highly Political Supreme Court, Riley Lane Munks
Student Scholar Symposium Abstracts and Posters
This paper investigates whether Republicans or Democrats support a strong Supreme Court and why. Furthermore, by analyzing data from the 2012 American National Election Survey, I will study support of the court based on gender, age, and race. Since the early 1980’s the court has taken a strong conservative direction, to the dismay of many liberals. Republicans feel comfortable sending a congressional dispute to the courts while Democrats may feel disenfranchised with the judicial process. I also believe that younger people believe the court is an outdated method of making laws and interpreting the constitution. Originally the Supreme Court was …
Invisible Ink: Intersectionality And Political Inquiry, Dara Z. Strolovich
Invisible Ink: Intersectionality And Political Inquiry, Dara Z. Strolovich
Indiana Journal of Law and Social Equality
No abstract provided.
The Limits Of Debate Or What We Talk About When We Talk About Gender Imbalance On The Bench, Keith Bybee
The Limits Of Debate Or What We Talk About When We Talk About Gender Imbalance On The Bench, Keith Bybee
Keith J. Bybee
What do we talk about when we talk about gender imbalance on the bench? The first thing we do is keep track of the number of female judges. Once the data has been gathered, we then argue about what the disparity between men and women in the judiciary means. These arguments about meaning are not freestanding. On the contrary, I claim that debates over gender imbalance occur within the context of a broader public debate over the nature of judicial decisionmaking. I argue that this public debate revolves around dueling conceptions of the judge as impartial arbiter and as politically …
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.
Deciphering A Duality: Understanding Conflicting Standards In Sex & Violence Censorship In U.S. Obscenity Law, Rushabh P. Bhakta
Deciphering A Duality: Understanding Conflicting Standards In Sex & Violence Censorship In U.S. Obscenity Law, Rushabh P. Bhakta
Political Science Honors Projects
This research examines the division in US obscenity law that enables strict sex censorship while overlooking violence. By investigating the social and legal development of obscenity in US culture, I argue that the contemporary duality in obscenity censorship standards arose from a family of forces consisting of faith, economy, and identity in early American history. While sexuality ingrained itself in American culture as a commodity in need of regulation, violence was decentralized from the state and proliferated. This phenomenon led to a prioritization of suppressing sexual speech over violent speech. This paper traces the emergence this duality and its source.
"Eighteen Million Cracks": Gender's Role In The 2008 Presidential Campaign, Gregory S. Parks, Quinette M. Roberson
"Eighteen Million Cracks": Gender's Role In The 2008 Presidential Campaign, Gregory S. Parks, Quinette M. Roberson
William & Mary Journal of Race, Gender, and Social Justice
In light of the 2008 presidential campaign, Gregory S. Parks
and Jeffrey J. Rachlinski wrote an extensive analysis, titled A Better
Metric, likening the campaign to an interview process and hiring
decision for a high-ranking job. Though unpublished, their work
spawned a number of published articles, book chapters, and a book
on the role of unconscious race and gender bias in the evaluations of
President Barack Obama, First Lady Michelle Obama, and Secretary
of State Hillary Clinton. In light of the analogy between voting and
hiring decisions, this article argues that questions about sexism and
gender bias along the campaign …
Judging Women, Stephen J. Choi, G. Mitu Gulati, Mirya R. Holman, Eric A. Posner
Judging Women, Stephen J. Choi, G. Mitu Gulati, Mirya R. Holman, Eric A. Posner
Mirya R Holman
Judge Sonia Sotomayor’s assertion that female judges might be better than male judges has generated accusations of sexism and potential bias. An equally controversial claim is that male judges are better than female judges because the latter have benefited from affirmative action. These claims are susceptible to empirical analysis. Primarily using a dataset of all the state high court judges in 1998-2000, we estimate three measures of judicial output: opinion production, outside state citations, and co-partisan disagreements. For many of our tests, we fail to find significant gender effects on judicial performance. Where we do find significant gender effects for …
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 …