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An Empirical Study of the Ideologies of Judges on the Unites States
JUDGED BY THE COMPANY YOU KEEP: AN EMPIRICAL STUDY OF THE IDEOLOGIES OF JUDGES ON THE UNITED STATES COURTS OF APPEALS Corey Rayburn Yung* Abstract: Although there has been an explosion of empirical legal schol- arship about the federal judiciary, with a particular focus on judicial ide- ology, the question remains: how do we know what the ideology of a judge actually is? For federal courts below the U.S. Supreme Court, legal aca- demics and political scientists have offered only crude proxies to identify the ideologies of judges. This Article attempts to cure this deficiency in empirical research about the federal courts by introducing a new tech- nique for measuring the ideology of judges based upon judicial behavior in the U.S. courts of appeals. This study measures ideology, not by subjec- tively coding the ideological direction of case outcomes, but by determin- ing the degree to which federal appellate judges agree and disagree with their liberal and conservative colleagues at both the appellate and district court levels. Further, through regression analysis, several important find- ings related to the Ideology Scores emerge. First, the Ideology Scores in this Article offer substantial improvements in predicting civil rights case outcomes over the leading measures of ideology. Second, there were very different levels and heterogeneity of ideology among the judges on the studied circuits. Third, the data did not support the conventional wisdom that Presidents Ronald Reagan and George W. Bush appointed uniquely ideological judges. Fourth, in general judges appointed by Republican presidents were more ideological than those appointed by Democratic presidents. -
The Federalist Society for Law and Public Policy Studies 2009 Annual Report
The Federalist Society for Law and Public Policy Studies 2009 Annual Report “The Courts must declare the sense of the law; and if they should be disposed to exercise will instead of JUDGMENT, the consequences would be the substitution of their pleasure for that of the legislative body.” The Federalist 78 THE FEDERALIST SOCIETY aw schools and the legal profession are currently strongly dominated by a L form of orthodox liberal ideology which advocates a centralized and uniform society. While some members of the academic community have dissented from these views, by and large they are taught simultaneously with (and indeed as if they were) the law. The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order. It is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. The Society seeks both to promote an awareness of these principles and to further their application through its activities. This entails reordering priorities within the legal system to place a premium on individual liberty, traditional values, and the rule of law. It also requires restoring the recognition of the importance of these norms among lawyers, judges, law students and professors. In working to achieve these goals, the Society has created a conservative intellectual network that extends to all levels of the legal community. -
The Judiciary and the Academy: a Fraught Relationship
THE JUDICIARY AND THE ACADEMY: A FRAUGHT RELATIONSHIP RICHARD A. POSNER* I have been a federal court of appeals judge since 1981, and before that I had been a full-time law professor since 1968. And since becoming a judge I have continued to teach part time and do academic research and writing. The United States is unusual if not quite unique in the porousness of the membranes that separate the different branches of the legal profession. The judiciary both federal and state is a lateral-entry institution rather than a conventional civil service; and unlike the British system (though that system is loosening up and becoming more like the U.S. system), in which the judges are drawn from a narrow, homogeneous slice of the legal profession – namely, senior barristers – American judges are drawn from all the different branches of the profession, including the academic. Among appellate judges who came to the bench from academia are Oliver Wendell Holmes (although he had joined the Harvard Law School faculty only months before being appointed to the Supreme Judicial Court of Massachusetts, he had been doing academic writing for many years), Harlan Fiske Stone, William O. Douglas, Felix Frankfurter, Antonin Scalia, Ruth Ginsburg, and Stephen Breyer (U.S. Supreme Court); Calvert Magruder, Charles Clark, Jerome Frank, Joseph Sneed, Harry Edwards, Robert Bork, Ralph Winter, Frank Easterbrook, Stephen Williams, J. Harvie Wilkinson, John Noonan, Douglas Ginsburg, S. Jay Plager, Kenneth Ripple, Guido Calabresi, Michael McConnell, William Fletcher, and Diane Wood (U.S. courts of appeals); and Roger Traynor, Hans Linde, Benjamin Kaplan, Robert Braucher, Ellen Peters, and Charles Fried (state supreme courts). -
The Literary Argument for Heightened Scrutiny for Gays
SUSPECT SYMBOLS: THE LITERARY ARGUMENT FOR HEIGHTENED SCRUTINY FOR GAYS Kenji Yoshino* INTRODUCTION This Article can be read as a response to a question a federal appel- late judge asked me. During a clerkship interview, the judge inquired about a course on my transcript subtitled "Queer Theory." I told him it was a course on legal, political, and sociological theories of sexual orien- tation and mapped some of its themes. He listened attentively, then stated: "Actually, what I wanted to know was what the word 'queer' means." Quick to rationalize authority, I assumed he knew what the word meant, and was attempting to gauge the subtlety of my understanding of it. So I responded: "My understanding is that it's a term once used in a derogatory way towards homosexuals that has been co-opted by the gay- rights movement, like the pink triangle."' I was about to continue, when he interrupted: "What's the pink triangle?" A beat. I replied: "The pink triangle was used by the Nazis during the Holocaust to designate homo- sexuals." The judge said: "I didn't know that." I knew that the judge recently had heard a controversial case consid- ering whether gays should be accorded heightened scrutiny under the Equal Protection Clause of the Fourteenth Amendment, and therefore assumed he had a certain modicum of cultural literacy about gays.2 My * Law Clerk to judge Guido Calabresi, United States Court of Appeals for the Second Circuit. J.D. Yale Law School, 1996. A previous version of this Article was part of a body of work that was awarded the Theron Rockwell Field Prize by Yale University. -
Judges As Honest Agents
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2010 Judges as Honest Agents Frank H. Easterbrook Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Frank H. Easterbrook, "Judges as Honest Agents," 33 Harvard Journal of Law and Public Policy 915 (2010). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. JUDGES AS HONEST AGENTS FRANK H. EASTERBROOK* I'm here to defend the proposition that, when implementing statutes, judges should be honest agents of the enacting legislature. The honest-agent part is not controversial. It isn't just that Hamilton said in The Federalist that judges would play this role.1 It is that faithful application of statutes is part of our heri- tage from the United Kingdom, and thus what the phrase "the judicial Power" in Article III means. Constitutional structure tells us the same thing. The Presi- dent must take care that the laws be faithfully executed. Judges, who are not elected, cannot have a power to depart from faith- ful implementation, when the elected officials are lashed to the statute. It would be insane to give revisionary powers to people you can't turn out of office. The trade in Article III is simple: Judges get tenure in exchange for promising to carry out fed- eral laws. Tenure is designed to make judges more faithful to statutes, rather than to liberate them from statutes. -
CYBERSPACE INVADES the FIRST AMENDMENT: Where Do We Go from Here?
University of Kentucky UKnowledge University of Kentucky Master's Theses Graduate School 2001 CYBERSPACE INVADES THE FIRST AMENDMENT: Where do we go from here? Dollie Deaton University of Kentucky Right click to open a feedback form in a new tab to let us know how this document benefits ou.y Recommended Citation Deaton, Dollie, "CYBERSPACE INVADES THE FIRST AMENDMENT: Where do we go from here?" (2001). University of Kentucky Master's Theses. 216. https://uknowledge.uky.edu/gradschool_theses/216 This Thesis is brought to you for free and open access by the Graduate School at UKnowledge. It has been accepted for inclusion in University of Kentucky Master's Theses by an authorized administrator of UKnowledge. For more information, please contact [email protected]. ABSTRACT OF THESIS CYBERSPACE INVADES THE FIRST AMENDMENT: Where do we go from here? Long before our nation was created, European Countries acknowledged the importance of free speech. Despite this, Great Britain later denied this right to the New England Colonies. Over the last two centuries many battles have been fought to make freedom of speech an inalienable right to be shared by all. A good portion of these battles have been fought in courtrooms. Judge and Supreme Court justices have dealt with issues ranging from what is a public figure to what is indecent speech. Many of these issues are not found in the original text of the Constitution. This has forced the judges to devise tests to determine certain standards and to make discretionary choices. Today’s public officials are dealing with issues that have never been dealt with before, such as Internet speech and cyberspace libel. -
Judical Stratification and the Reputations of the United States Courts of Appeals
Florida State University Law Review Volume 32 Issue 4 Article 14 2005 Judical Stratification and the Reputations of the United States Courts of Appeals Michael E. Solimine [email protected] Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Law Commons Recommended Citation Michael E. Solimine, Judical Stratification and the Reputations of the United States Courts of Appeals, 32 Fla. St. U. L. Rev. (2006) . https://ir.law.fsu.edu/lr/vol32/iss4/14 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW JUDICAL STRATIFICATION AND THE REPUTATIONS OF THE UNITED STATES COURTS OF APPEALS Michael E. Solimine VOLUME 32 SUMMER 2005 NUMBER 4 Recommended citation: Michael E. Solimine, Judical Stratification and the Reputations of the United States Courts of Appeals, 32 FLA. ST. U. L. REV. 1331 (2005). JUDICIAL STRATIFICATION AND THE REPUTATIONS OF THE UNITED STATES COURTS OF APPEALS MICHAEL E. SOLIMINE* I. INTRODUCTION.................................................................................................. 1331 II. MEASURING JUDICIAL REPUTATION, PRESTIGE, AND INFLUENCE: INDIVIDUAL JUDGES AND MULTIMEMBER COURTS ............................................................... 1333 III. MEASURING THE REPUTATIONS OF THE UNITED STATES COURTS OF APPEALS . 1339 IV. THE RISE AND FALL OF -
Members by Circuit (As of January 3, 2017)
Federal Judges Association - Members by Circuit (as of January 3, 2017) 1st Circuit United States Court of Appeals for the First Circuit Bruce M. Selya Jeffrey R. Howard Kermit Victor Lipez Ojetta Rogeriee Thompson Sandra L. Lynch United States District Court District of Maine D. Brock Hornby George Z. Singal John A. Woodcock, Jr. Jon David LeVy Nancy Torresen United States District Court District of Massachusetts Allison Dale Burroughs Denise Jefferson Casper Douglas P. Woodlock F. Dennis Saylor George A. O'Toole, Jr. Indira Talwani Leo T. Sorokin Mark G. Mastroianni Mark L. Wolf Michael A. Ponsor Patti B. Saris Richard G. Stearns Timothy S. Hillman William G. Young United States District Court District of New Hampshire Joseph A. DiClerico, Jr. Joseph N. LaPlante Landya B. McCafferty Paul J. Barbadoro SteVen J. McAuliffe United States District Court District of Puerto Rico Daniel R. Dominguez Francisco Augusto Besosa Gustavo A. Gelpi, Jr. Jay A. Garcia-Gregory Juan M. Perez-Gimenez Pedro A. Delgado Hernandez United States District Court District of Rhode Island Ernest C. Torres John J. McConnell, Jr. Mary M. Lisi William E. Smith 2nd Circuit United States Court of Appeals for the Second Circuit Barrington D. Parker, Jr. Christopher F. Droney Dennis Jacobs Denny Chin Gerard E. Lynch Guido Calabresi John Walker, Jr. Jon O. Newman Jose A. Cabranes Peter W. Hall Pierre N. LeVal Raymond J. Lohier, Jr. Reena Raggi Robert A. Katzmann Robert D. Sack United States District Court District of Connecticut Alan H. NeVas, Sr. Alfred V. Covello Alvin W. Thompson Dominic J. Squatrito Ellen B. -
Dialogue on Diversity 5 CLE Credits N by Jeff Lyons Available At
Philadelphia ® The Monthly Newspaper of the Philadelphia Bar Association Vol. 38, No. 10 October 2009 13 Courses, Dialogue on Diversity 5 CLE Credits n By Jeff Lyons Available at A panel of 12 attorneys and judges Bench-Bar discussed the past, present and future of diversity and inclusion in the legal More than 400 attorneys and judges profession at the Association’s Sept. 22 are expected to attend the Association’s Dialogue on Diversity. 2009 Bench-Bar and Annual Conference Chancellor Sayde Ladov moderated at Harrah’s Atlantic City on Oct. 23 and the program and said the summit is 24, where five CLE credits and 13 differ- evidence of the Philadelphia Bar Associa- ent seminars will be available. tion’s continuing commitment to make The Conference kicks off with the this 13,000-member bar an inclusive, October Quarterly Meeting on Oct. 23 welcoming place for all lawyers. with a discussion on the future of Philadel- “We want to help the legal community phia in challenging economic times. The in Philadelphia recognize and maintain presiding judges of the state’s courts will and continue to explore its commitment also present a state of the courts discussion. to diversity. As times change, we must Programs will be available in a number of remain steadfast in our commitment. But different practice areas. the way in which we move the dialogue Join your colleagues, friends and mem- on diversity further must be geared to the bers of the bench for a weekend of educa- realities of the day,” she said. tion, camaraderie and fun that includes Panelists included U.S. -
From the Pennsylvania Human Relations Commission to the Courthouse: Does Civil Rights Litigation Remediate Racial Inequality in the Workplace?
From the Pennsylvania Human Relations Commission to the Courthouse: Does Civil Rights Litigation Remediate Racial Inequality in the Workplace? By David Berney ABSTRACT This dissertation examines the ability of civil rights litigation to redress racial inequality in the workplace. It enters the larger historical debate regarding the effectiveness of civil rights litigation to serve as a force for progressive, socio- political change. To focus my inquiry, I studied the operations of the Pennsylvania Human Relations Commission, an administrative agency charged with enforcing civil rights laws. I also interviewed major participants in the civil rights litigation system, including complainants, attorneys, and judges. I drew upon my own experiences as a practicing civil rights attorney. My investigation employed a range of different methods, including interviews, ethnographic observation, and archival research. This is, to my knowledge, the first full study of the actual operations of an important state civil rights agency in close to fifty years. My dissertation finds that litigation has historically promoted racial equality in employment. But two factors have contributed to limit what lawsuits can realistically accomplish today. First, starting in the 1970s, Republican presidential administrations appointed judges who proved less sympathetic to civil rights claims. The resulting case law made it much harder to bring successful lawsuits. Second, expressions of workplace bias became much more covert over time partly as a consequence of the successes that civil rights litigators achieved. The litigation paradigm is not well designed to tackle such subtleties. Beyond a lack of effectiveness, litigation can also have deleterious effects as it can cause employees to suffer psychic injury on top of whatever racial indignities they have endured. -
First Amendment Institute of Bill of Rights Law at the William & Mary Law School
College of William & Mary Law School William & Mary Law School Scholarship Repository Supreme Court Preview Conferences, Events, and Lectures 2000 Section 5: First Amendment Institute of Bill of Rights Law at the William & Mary Law School Repository Citation Institute of Bill of Rights Law at the William & Mary Law School, "Section 5: First Amendment" (2000). Supreme Court Preview. 91. https://scholarship.law.wm.edu/preview/91 Copyright c 2000 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/preview FIRST AMENDMENT In This Section: LAST TERM: Mitchell et al. v. Helms et al., No. 98-1648 The Louisiana Case:Justices Appove U.S. Financing of Relhgious Schools' Equipment Linda Greenhouse ....................................................... 167 Hgh Court Oks TaxpayerAidfor Religious Schools;Jeff Plaintiffs Lose 15-Year Battle Bruce A lpert and M ark W aller ..................................................................... 170 LAST TERM: Boy Scouts ofAmerica and Monmouth Council et al v. James Dale, No. 99-699 Boy Scouts' Ban on Gay Leaders Upheld by Court; 54 Ruling Respects Group's 'Sincefity' L yle D enniston ...................................................................................... 174 The Supreme Court: The New Jersey Case; Supreme Court Backs Boy Scouts in Ban of Gaysfrvm Membership Linda Greenhouse ....................................................... 177 LAST TERM: Board of Regents of the Univerity of Wisconsin System et al v. Scott HarodSouthworth et al, No. 98-1189 Justices Ok PoliticalUses of Student Fees; Supreme Court: Panel Rejects Suit Brought by Conservatives UnhappyAbout Payingfor liberalCauses David G. Savage ......................................................... 180 No Student Veto for Campus Fees Linda Greenhouse ....................................................... 183 LAST TERM: Santa Fe Independent School Districtv. Jane Doe et al., No. -
Protecting Consumer Data Privacy with Arbitration
Florida State University College of Law Scholarship Repository Scholarly Publications 2018 Protecting Consumer Data Privacy with Arbitration Erin O'Hara O'Connor Florida State University College of Law Follow this and additional works at: https://ir.law.fsu.edu/articles Part of the Dispute Resolution and Arbitration Commons, and the Privacy Law Commons Recommended Citation Erin O'Hara O'Connor, Protecting Consumer Data Privacy with Arbitration, 96 N.C. L. REV. 711 (2018), Available at: https://ir.law.fsu.edu/articles/467 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Scholarly Publications by an authorized administrator of Scholarship Repository. For more information, please contact [email protected]. 96 N.C. L. REV. 711 (2018) PROTECTING CONSUMER DATA PRIVACY WITH ARBITRATION* ERIN O’HARA O’CONNOR** INTRODUCTION ....................................................................................... 712 I. FTC ORDERS, CLASS ACTIONS, AND THEIR LIMITATIONS ... 720 A. FTC Enforcement Actions .................................................... 720 B. Class Actions .......................................................................... 724 C. The Concurrence of FTC Enforcement and Class Actions .................................................................................... 727 II. FTC-MONITORED ARBITRATION AS A POTENTIAL SOLUTION ...................................................................................... 727 A. Arbitrating Privacy Harms ..................................................