Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- American Politics (1)
- Civil Procedure (1)
- Courts (1)
- Judges (1)
- Labor and Employment Law (1)
-
- Law and Gender (1)
- Law and Politics (1)
- Law and Race (1)
- Law and Society (1)
- Legislation (1)
- Litigation (1)
- Other Public Affairs, Public Policy and Public Administration (1)
- Policy History, Theory, and Methods (1)
- Political Science (1)
- Public Affairs, Public Policy and Public Administration (1)
- Public Law and Legal Theory (1)
- Social and Behavioral Sciences (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
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 …
Legislating Incentives For Attorney Representation In Civil Rights Litigation, Sean Farhang, Douglas M. Spencer
Legislating Incentives For Attorney Representation In Civil Rights Litigation, Sean Farhang, Douglas M. Spencer
Sean Farhang
In this paper we investigate whether, when Congress relies upon private lawsuits to implement a law, the details of the legislation can importantly influence the extent to which the private bar is mobilized to carry out the prosecutorial function. We ask: In statutes with private rights of action, can Congress substantially affect the degree to which plaintiffs are represented by counsel? Using an original and novel dataset based upon review of archived litigation documents for cases filed in the Northern and Eastern Districts of California over the two decades spanning 1981 to 2000, we examine the effects of the Civil …