Rethinking Critical Mass in the Federal Appellate Courts

Moyer, Laura P.

doi:10.1080/1554477x.2013.747885

Cited by 14 publications

(3 citation statements)

References 43 publications

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“…Aðrar rannsóknir sem greint var frá (Songer & Crews-Meyer 2000;McCall 2003;Martin & Pyle 2004;Manning & Robert 2005;Peresie 2005;McCall 2007;McCall & McCall 2007;Songer & Johnson 2007;Johnson & Songer 2009;Collins o.fl. 2010;Moyer 2013;Scheurer 2012;Scheurer 2014;Gill o.fl. 2015;Skiple o.fl.…”

Section: Stjórnmál and Stjórnsýslamentioning

confidence: 99%

Rannsókn á tengslum kynferðis og aldurs dómara og lögmanna við úrslit dómsmála í héraði

Sólnes¹,

Rafnsdóttir²,

Bogason³

et al. 2022

irpa

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A research on whether there is a link between gender and age on the one hand, and judicial outcomes on the other, has never before been conducted in an Icelandic setting. This paper communicates research findings, following an interdisciplinary investigation (within the fields of law and sociology) which involved the collection of data on gender and age of judges and attorneys (litigators) in court findings at the first instance (héraðsdómur) in civil cases over a period of ten years, that were appealed to the Icelandic Supreme Court (Hæstiréttur) and the Icelandic Court of Appeals (Landsréttur). The research examined if these factors could be linked with the outcome of the court cases at first instance. The research findings indicate that the gender of attorneys matters, regardless of the gender of judges, and that a female litigant for the plaintiff and the defendant increases the likelihood that the case outcome is in the interest of the litigant’s respective client. The age of judges is apparently also relevant for case outcomes, to the effect that older judges (50 years and older) are more likely to find in favor of the defendant, independent of other factors. Alternatively, no significant interaction effect could be detected in the collected data, with regard to the gender of judges and attorneys. It is our hope that the results will benefit the debate on equality within the courts and encourage further research in this area.

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Section: Stjórnmál and Stjórnsýslamentioning

confidence: 99%

Rannsókn á tengslum kynferðis og aldurs dómara og lögmanna við úrslit dómsmála í héraði

Sólnes¹,

Rafnsdóttir²,

Bogason³

et al. 2022

irpa

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“…We expect that the presence of women on a panel will influence the votes of male judges and ultimately the outcome of the case. Empirical research supports consciousness-raising or nonconformity panel effects when a female is present on the panel in a variety of cases (Moyer, 2013; Songer & Crews-Meyer, 2000). Furthermore, the mere presence of a woman on the panel may offer male judges an alternative to voting in a gender-conforming role, thereby instigating a “counter judge” effect (Kastellec, 2013) that can minimize groupthink effects.…”

Section: Gender During Times Of National Security Threatsmentioning

confidence: 99%

Trading Liberties for Security: Groupthink, Gender, and 9/11 Effects on U.S. Appellate Decision-Making

Reid

Schorpp

Johnson

2019

American Politics Research

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Does groupthink affect court deference to the government in times of heightened security concerns? We argue that male judges serving in homogeneous panels in federal appellate courts modified their behavior post-9/11, but that the presence of a female on the panel mitigated these effects. Using data on the U.S. Court of Appeals from 1978 to 2008 in search-and-seizure cases, we argue that women can safeguard against groupthink effects that otherwise trend toward a more deferential, less rights-oriented approach in times of heightened security. Our findings suggest women mitigate their male colleagues’ shift toward more deferential decisions by affecting panel outcomes that are more consistent with peacetime decisions. These results suggest the important role women exert in collegial panels beyond direct voting patterns. In times of heightened security concerns, panel diversity can avoid groupthink that might stand in the judiciary’s way of providing an effective check on executive and legislative power.

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“…Sociolegal research has shown that this effect is not simply the result of social desirability bias. For example, research on the gender composition of three‐judge appeals court panels found that a woman judge's presence increases men's positive votes for plaintiffs on gender discrimination cases (Moyer 2013). This finding suggests that male judges have more sympathy for discrimination complaints when they interact as status peers with a woman.…”

Section: Introductionmentioning

confidence: 99%

Perceptions of Legitimacy: The Sex of the Legal Messenger and Reactions to Sexual Harassment Training

Tinkler¹,

Gremillion²,

Arthurs³

2015

Law soc. inq.

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Research shows that exposure to sexual harassment policy sometimes activates traditional gender stereotypes. This article examines whether the sex of the legal messenger moderates reactions to the enforcement of sexual harassment laws. We employ a 2 × 2 experimental design in which we measure the effect of a sexual harassment policy intervention on male participants’ gender beliefs. The design varies whether the person communicating the policy information is male or female. We find that female policy trainers activate implicit gender stereotypes, but explicit gender egalitarian beliefs. Other than improving men's perceptions of women's considerateness, the policy has little effect on beliefs in the conditions with a male trainer. These results suggest that the effect of law on social change is contingent on characteristics of the legal messengers. Findings contribute to our understanding of gender inequality and legitimacy processes and have practical implications for implementing effective policy.

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Rethinking Critical Mass in the Federal Appellate Courts

Cited by 14 publications

References 43 publications

Rannsókn á tengslum kynferðis og aldurs dómara og lögmanna við úrslit dómsmála í héraði

Rannsókn á tengslum kynferðis og aldurs dómara og lögmanna við úrslit dómsmála í héraði

Trading Liberties for Security: Groupthink, Gender, and 9/11 Effects on U.S. Appellate Decision-Making

Perceptions of Legitimacy: The Sex of the Legal Messenger and Reactions to Sexual Harassment Training

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