Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Civil rights (2)
- Discrimination (2)
- Bail (1)
- Circuit courts (1)
- Class actions (1)
-
- Collateral consequences (1)
- Complex litigation (1)
- Constitutional law (1)
- Criminal justice (1)
- Criminal law (1)
- Disparate-impact doctrine (1)
- Empirical legal studies (1)
- Empirical study of panel composition (1)
- Equity (1)
- Federal Rules of Civil Procedure (1)
- Federal judges (1)
- Gender & race (1)
- Gender gap (1)
- Incarceration (1)
- Influence of ideology (1)
- Judicial diversity & behavior (1)
- Labor & employment (1)
- Law enforcement (1)
- Minorities (1)
- Misdemeanors (1)
- Panel effects (1)
- Political affiliation (1)
- Pretrial detention (1)
- Probation (1)
- Prosecution (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Pursuing Diversity: From Education To Employment, Amy L. Wax
Pursuing Diversity: From Education To Employment, Amy L. Wax
All Faculty Scholarship
A central pillar of the Supreme Court’s educational affirmative-action jurisprudence is that the pedagogical benefits of being educated with students from diverse backgrounds are sufficiently “compelling” to justify some degree of race-conscious selection in university admissions.
This essay argues that the blanket permission to advance educational diversity, defensible or not, should not be extended to employment. The purpose of the workplace is not pedagogical. Rather, employees are hired and paid to do a job, deliver a service, produce a product, and complete specified tasks efficiently and effectively. Whether race-conscious practices for the purpose of creating a more diverse workforce will …
Misdemeanors By The Numbers, Sandra G. Mayson, Megan T. Stevenson
Misdemeanors By The Numbers, Sandra G. Mayson, Megan T. Stevenson
All Faculty Scholarship
Recent scholarship has underlined the importance of criminal misdemeanor law enforcement, including the impact of public-order policing on communities of color, the collateral consequences of misdemeanor arrest or conviction, and the use of misdemeanor prosecution to raise municipal revenue. But despite the fact that misdemeanors represent more than three-quarters of all criminal cases filed annually in the United States, our knowledge of misdemeanor case processing is based mostly on anecdote and extremely localized research. This Article represents the most substantial empirical analysis of misdemeanor case processing to date. Using multiple court-record datasets, covering several million cases across eight diverse jurisdictions, …
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
All Faculty Scholarship
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 class certification under Rule 23 of the Federal Rules of Civil Procedure. We find that the ideological 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 dramatically higher rates of procertification outcomes than all-Republican panels—nearly triple in about the past twenty years. We also find that the presence of one African American on a panel, and the presence of …