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Civil Rights and Discrimination

Faculty Scholarship

Critical race theory

2002

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Comparative Judging Of Civil Rights: A Transnational Critical Race Theory Approach, Tanya K. Hernandez Jan 2002

Comparative Judging Of Civil Rights: A Transnational Critical Race Theory Approach, Tanya K. Hernandez

Faculty Scholarship

Studies consistently demonstrate that the act of judging is influenced by judges personal perspectives and experiences. For instance, research has demonstrated that empirically U.S. Supreme Court justices' behavior is motivated, in large part, by their individual attitudes or judicial philosophies.' In addition, research on the U.S. chief justice's distribution of opinion assignments also suggests that ideology plays a role inasmuch as those justices whose preferences are more closely aligned with the chief justice will be assigned to author opinions. Furthermore, empirical research indicates that the influence of ideology on judges also extends to federal appellate court judges in race relations …