DOCSLIB.ORG

Diluting Justice on Appeal?: an Examination of the Use of District Court Judges Sitting by Designation on the United States Courts of Appeals

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Diluting Justice on Appeal?: an Examination of the Use of District Court Judges Sitting by Designation on the United States Courts of Appeals University of Michigan Journal of Law Reform Volume 28 1995 Diluting Justice on Appeal?: An Examination of the Use of District Court Judges Sitting by Designation on the United States Courts of Appeals Richard B. Saphire University of Dayton School of Law Michael E. Solimine University of Cincinnati College of Law Follow this and additional works at: https://repository.law.umich.edu/mjlr Part of the Courts Commons, and the Judges Commons Recommended Citation Richard B. Saphire & Michael E. Solimine, Diluting Justice on Appeal?: An Examination of the Use of District Court Judges Sitting by Designation on the United States Courts of Appeals, 28 U. MICH. J. L. REFORM 351 (1995). Available at: https://repository.law.umich.edu/mjlr/vol28/iss2/4 This Article is brought to you for free and open access by the University of Michigan Journal of Law Reform at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in University of Michigan Journal of Law Reform by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. DILUTING JUSTICE ON APPEAL?: AN EXAMINA· TION OF THE USE OF DISTRICT COURT JUDGES SITTING BY DESIGNATION ON THE UNITED STATES COURTS OF APPEALS Richard B. Saphire • Michael E. Solimine** According to a number ofstudies and commentators, a serious case­ load crisis faces the federal courts. With respect to the federal courts of appeals, some have called for drastic remedial measures. Until Congress responds, the courts of appeals have been forced to adopt a range of coping measures. In this article, Professors Saphire and Solimine examine one of these measures, the utilization ofdesignat­ ed district court judges on appellate panels. After discussing the ori­ gins and extent of this practice, they identify a number ofproblems it raises. They argue that extensive and routine utilization of district judges on appellate panels has the potential to adversely affect important goals of judicial administration, including the maintenance of collegiality and the.consistency of precedent. They also argue that, by treating district and circuit judges as fungible, current designation practice calls into question the rationality of the federal judicial appointment process and threatens to undermine the quality of appellate justice. * Professor of Law, University of Dayton School of Law. B.A. 1967, Ohio State University; J.D. 1971, Northern Kentucky University, Salmon P. Chase College of Law; LL.M. 1975, Harvard Law School. ** Donald P. Klekamp Professor of Law, University of Cincinnati College of Law. B.A. 1978, Wright State University; J.D. 1981, Northwestern University School of Law. Our thanks to Francis Conte, Joseph Tomain, Elliot Slotnick, Steven Washy, Larry Baum, and participants in an Ohio Legal Theory workshop at the Ohio State University College of Law for thoughtful comments on an earlier draft of this article. A note of special appreciation to the Honorable Gilbert S. Merritt, Chief Judge of the United States Court of Appeals for the Sixth Circuit and Walter H. Rice, United States District Judge for the Southern District of Ohio for sharing their observations with us concerning the issues discussed in the article and for reviewing and com· menting on an earlier draft. Finally, we would like to acknowledge the contributions made by Professor Pamela Stephens to the early conceptualization of the issues we address, the valuable research assistance of Mary Schoelwer, and the support of research grants from the law schools of the University of Dayton and the University of Cincinnati. We emphatically assert the customary disclaimer absolving anyone other than the authors from any responsibility for the contents of this Article. We are extremely grateful to Judith A. McKenna of the Research Division of the Federal Judicial Center (FJC) and her associates there for compiling the subset of data on district judges for us. While much of this database is generally accessible to any researcher, the public database does not include the identity ofjudges associated with the cases, so additional work at the F JC was necessary to classify the cases according to the composition of the panels, i.e., whether the panel included one or more visiting circuit or district judges. Ms. McKenna's work, and her comments on other aspects of this article, were invaluable. Of course, neither Ms. McKenna nor the FJC necessarily endorse any of the conclusions we draw from this data. 351 352 University of Michigan Journal of Law Reform [VOL. 28:2 [W]e subtly undermine the constitutional system when we treat federal judges as fungible. 1 INTRODUCTION In recent years, more and more people have questioned the capacity of the federal court system to do the work Congress has assigned to it. In his yearly reports to Congress, the cur­ rent Chief Justice of the United States has expressed concern that the federal courts are approaching the point at which they will not be able to process the cases stacking up on their bur­ geoning dockets fairly and efficiently.2 Similarly, a recent study of the federal court system concluded that the federal appellate courts are in a "crisis of volume" with "swollen caseloads" which, if left unattended, threaten to undermine the "hall­ marks of our judiciary." 3 A number of remedies have been proposed to alleviate this problem. These proposals include changes to the en bane pro­ cedures of the federal courts of appeals, development of new case management techniques, and a range of fundamental "structural alternatives."4 Also prominent have been proposals for the expansion of the number of authorized district and circuit court judgeships. 5 1. Glidden Co. v. Zdanok, 370 U.S. 530, 604 (1962) (Douglas, J., dissenting). 2. See William H. Rehnquist, 1993 Year-End Report, THIRD BRANCH, Jan. 1994, at 1, 1. 3. U.S. JUDICIAL CONFERENCE, REl'ORT OF THE FEDERAL COURTS 8TuDY COMMI'ITEE 109 (1990) [hereinafter 1990 STUDY COMMITl'EE REPORT); see also THOMAS E. BAKER, RATIONING JUSTICE ON APPEAL: THE PRoBLEMS OF THE U.S. COURTS OF APPEALS 31-51 (1994) (detailing past efforts to acknowledge and analyze the "crisis of volume" in the circuit courts); JUDITH A MCKENNA, FED. JUDICIAL CTR., STRUCTURAL AND OTHER ALTERNATIVES FOR THE FEDERAL COURTS OF Al'PEALs 17-35 (1993) (describing the dramat­ ic increase in appellate caseloads). 4. 1990 STUDY COMMITTEE REPORT, supra note 3, at 114-31; see also J. Clifford Wallace, Tackling the Caseload Crisis, 80 AB.A. J. 88 (June 1994) (calling for a careful examination of"new federal law and its impact on the federal court system"). 5. 1990 STUDY COMMITTEE REPORT, supra note 3, at 111-12 (calling upon the Judicial Conference of the United States to "develop and adopt a weighted caseload formula for determining needed appellate judgeships" and urging that Congress "quickly provide the additional appellate judgeships that the Judicial Conference has requested"). For a recent, extensive study ofremedies that have been proposed to deal with the caseload crisis, see BAKER, supra note 3. For a discussion of the federal court caseload crunch and a critical view of the notion that it should be addressed by expanding the number of courts, see Erwin Chemerinsky & Larry Kramer, Defining WINTER 1995] District Court Judges Sitting By Designation 353 The questions of whether a caseload crisis exists, what the extent of this supposed caseload crisis is, and how many, if any, new judgeships would alleviate it have sparked a lively and public debate among a number of prominent judges of the federal courts of appeals. For example, in a recent article published in the American Bar Association Journal, Judge Stephen Reinhardt of the United States Court of Appeals for the Ninth Circuit asserted that "our federal court system is too small for the job. "6 Focusing specifically on the courts of appeals, Judge Reinhardt observed that "[t]hose who believe we are doing the same quality work that we did in the past are simply fooling themselves. We adopt more and more procedures for 'expediting' cases, procedures that ensure that individual cases will get less attention."7 Judge Reinhardt described these procedures, including dispensing with oral argument, as en­ suring that "many cases do not get the full attention they deserve" and argued that the procedures undercut the goal of providing for a "first-class federal court system. "8 His proposed solution to the problem was "simply that Congress double the size of the courts of appeals. "9 the Role ofthe Federal Courts, 1990 B.Y.U. L. REV. 67, 69-74. See also Robert H. Bork, Dealing With the Overload in Article III Courts, 70 F.R.D. 231 (1976) (determining that the "crisis" facing the federal courts is "simply overload, an overload so serious that the integrity of the federal system is threatened," and recommending a realloca­ tion of disputes among different tribunals). 6. Stephen Reinhardt, 7bo Few Judges, 7bo Many Cases: A Plea to Save the Federal Courts, 79 A.B.A. J. 52, 52 (Jan. 1993). 7. Id. 8. Id. 9. Id. at 53. Judge Reinhardt noted that, even if Congress were to adopt his proposal, our present stream of cases would be more than enough to keep us busy with a full workload. The only difference would be that far more of the cases we are now handling would receive the full attention they deserve, and the quality of justice in our courts would be substantially improved. Id. It should be noted that Judge Reinhardt's proposal was, according to a judicial colleague, "precipitated in part by the request of the [Ninth] Circuit . for an additional 10 judges, and by pending legislation that will substantially increase the federal caseload." Dolores K.
Load more

Recommended publications
  • Federal Sentencing Reform Jon O
    Maurice A. Deane School of Law at Hofstra University Scholarly Commons at Hofstra Law Howard and Iris Kaplan Memorial Lecture Lectures 4-23-2003 Federal Sentencing Reform Jon O. Newman Senior Judge for the United States Court of Appeals for the Second Circuit Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/lectures_kaplan Part of the Criminal Law Commons Recommended Citation Newman, Jon O., "Federal Sentencing Reform" (2003). Howard and Iris Kaplan Memorial Lecture. 19. http://scholarlycommons.law.hofstra.edu/lectures_kaplan/19 This Lecture is brought to you for free and open access by the Lectures at Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Howard and Iris Kaplan Memorial Lecture by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. HOFSTRA UNNERSITY 5ci-rOOLOF lAW 2002-2003 Howard and Iris Kaplan Memorial Lecture Series The Honorable Jon 0. Newman Senior Judge, Un ited States Co urt of Appeals for the Second Circuit JON 0 . NEWMAN j on 0. Newman is a Senior Judge of the United States Court of Appeals for th e Second Circuit (Connecticut, New York and Vennont.), on which he has served since june 1979. He was Chief judge of the Second Circuit from july 1993 to June 1997, and he served as a United States District judge for the Distri ct of Connecti cut from j anuary 1972 until his appointment to th e Court of Appeals. judge Newman graduated from Princeton University in 1953 and from Yale Law School in 1956.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • Summer 2011 Alabama Birmingham Bradley Arant Boult Cummings Alaska Anchorage Alaska Legal Services Corporation Anchorage Feldman Orlansky & Sanders Anchorage U.S
    First Year Students' Employers - Summer 2011 Alabama Birmingham Bradley Arant Boult Cummings Alaska Anchorage Alaska Legal Services Corporation Anchorage Feldman Orlansky & Sanders Anchorage U.S. Attorney's Office Arkansas Bentonville Walmart - Legal Department Arizona Phoenix Gammage & Burnham California Alameda Oakland Raiders Berkeley East Bay Community Law Center Irvine Knobbe Martens Olson & Bear Los Angeles AFL-CIO and the United Steelworkers of America Los Angeles Los Angeles City Attorney Los Angeles Los Angeles County Public Defender Mountain View Google Oakland California Attorney General's Office Oakland Hon. Donna Ryu, USDC - NDCA Orange Talley & Co Pasadena Hon. Alex Kozinski, USCA - 9th Circuit Pasadena Hon. Richard Paez, USCA - 9th Circuit Riverside Californai 4th District Court of Appeal Riverside Riverside DA Sacramento California Attorney General's Office Sacramento California Independent System Operator San Diego San Diego Public Defender San Diego U.S. Attorney's Office San Francisco Bay Area Legal Services San Francisco CA Attorney General, Public Rights Division San Francisco Gay-Straight Alliance San Francisco Habeas Corpus Resource Center San Francisco Homeless Advocacy Project San Francisco Hon. William Alsup, USDC - NDCA San Francisco Liuzzi Murphy & Solomon San Francisco Ram Olson Cereghino & Kopczynski Santa Clara Hon. James Kleinberg, Santa Clara County Superior Court Santa Cruz Senior Citizens Legal Services Colorado Boulder Environmental Defense Fund Denver Colorado Attorney General Denver Colorado Supreme Court Denver U.S. Attorney's Office Denver U.S. Department. of Education Connecticut Fairfield General Electric Hartford U.S. Attorney's Office Delaware Wilmington Delaware Court of Chancery Wilmington Hon. Leonard Stark, USDC - DDE New Haven Jerome Frank Legal Services Clinic at Yale U.
    [Show full text]
  • Omnipresent Student Speech and the Schoolhouse Gate: Interpreting Tinker in the Digital Age
    Saint Louis University Law Journal Volume 59 Number 2 Current Issues in Education Law Article 9 (Winter 2015) 2015 Omnipresent Student Speech and the Schoolhouse Gate: Interpreting Tinker in the Digital Age Watt Lesley Black Jr. Ph.D. [email protected] Follow this and additional works at: https://scholarship.law.slu.edu/lj Part of the Law Commons Recommended Citation Watt L. Black Jr. Ph.D., Omnipresent Student Speech and the Schoolhouse Gate: Interpreting Tinker in the Digital Age, 59 St. Louis U. L.J. (2015). Available at: https://scholarship.law.slu.edu/lj/vol59/iss2/9 This Article is brought to you for free and open access by Scholarship Commons. It has been accepted for inclusion in Saint Louis University Law Journal by an authorized editor of Scholarship Commons. For more information, please contact Susie Lee. SAINT LOUIS UNIVERSITY SCHOOL OF LAW OMNIPRESENT STUDENT SPEECH AND THE SCHOOLHOUSE GATE: INTERPRETING TINKER IN THE DIGITAL AGE WATT LESLEY BLACK, JR. PH.D.* INTRODUCTION Historically, school authorities rarely took note of student expression that occurred outside of the school setting, but the times have changed. Technological advances have broadened the scope and reach of student speech in ways that were difficult to imagine twenty years ago. Students are using technology to threaten, bully, and harass not only their classmates, but also school employees. School administrators face enormous pressure to effectively address these issues, but they must also consider the First Amendment rights of students when deciding how and when to discipline them for what they say online while off campus.
    [Show full text]
  • Federalism, Localism, and Public Interest Advocacy
    Why the Local Matters: Federalism, Localism, and Public Interest Advocacy !"#$%"&$'()*+$,*%%&-./$$ 0&1&-*+2.34$'()*+2.34$*51$$ 678+2)$95%&-&.%$:1;()*)# Papers from the Eleventh Annual Liman Colloquium! at Yale Law School, 2008 Published by the Liman Public Interest Program at Yale Law School and the National State Attorneys General Program at Columbia Law School CONTENTS ABOUT THE CONTRIBUTORS..............................................................................iii INTRODUCTION: ACTION ACROSS THE LANDSCAPE OF FEDERALISM ........ 1 Kathleen Claussen Class of 2010, Yale Law School; Member, Arthur Liman Public Interest Program Student Board Adam Grogg Class of 2010, Yale Law School; Member, Arthur Liman Public Interest Program Student Board Sarah French Russell Associate Research Scholar in Law and Clinical Lecturer in Law, Yale Law School; Director, Arthur Liman Public Interest Program I. THE ROLE OF LOCAL LEADERSHIP: REVISING THE HISTORY AND UNDERSTANDING THE PRESENT Civil Rights History Before, and Beyond, Brown ............................11 Risa Goluboff Professor of Law, Professor of History, Caddell & Chapman Research Professor, University of Virginia School of Law American Federalism and the American Civil Liberties Union ..... 21 Norman Dorsen Stokes Professor of Law, and Co-Director, Arthur Garfield Hays Civil Liberties Program, New York University Law School; former President, American Civil Liberties Union Susan N. Herman President, American Civil Liberties Union; Centennial Professor of Law, Brooklyn Law School II. STATES AND CITIES AS ADVOCATES FOR THE PUBLIC INTEREST The Progressive City ........................................................................39 Richard C. Schragger Professor of Law, Class of 1948 Professor in Scholarly Research in Law, University of Virginia School of Law !"#$%"&$'()*+$<%2++$,*%%&-./$$ San Francisco and the Rising Culture of Engagement$ in Local Public Law Offices0&1&-*+2.34$'()*+2.34$*51$678+2)$95%&-&.%$:1;()*)#........................................................................
    [Show full text]
  • Trailblazers and Those That Followed : Personal Experiences, Gender, and Judicial Empathy
    University of Louisville ThinkIR: The University of Louisville's Institutional Repository Faculty Scholarship 9-2015 Trailblazers and those that followed : personal experiences, gender, and judicial empathy. Laura P. Moyer University of Louisville, [email protected] Susan B. Haire Follow this and additional works at: https://ir.library.louisville.edu/faculty Part of the American Politics Commons, Civil Rights and Discrimination Commons, Courts Commons, Judges Commons, and the Law and Gender Commons Original Publication Information This is the peer reviewed version of the following article: Moyer, Laura P. and Susan Haire. "Trailblazers and Those That Followed: Personal Experiences, Gender, and Judicial Empathy." 2015. Law and Society Review 49(3): 665-689. which has been published in final form at http://dx.doi.org/10.1111/lasr.12150. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving. This Article is brought to you for free and open access by ThinkIR: The University of Louisville's Institutional Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of ThinkIR: The University of Louisville's Institutional Repository. For more information, please contact [email protected]. Trailblazers and Those That Followed: Personal Experiences, Gender, and Judicial Empathy Laura P. Moyer University of Louisville Susan B. Haire University of Georgia Version: May 6, 2015 Abstract This paper investigates one causal mechanism that may explain why female judges on the federal appellate courts are more likely than men to side with plaintiffs in sex discrimination cases. To test whether personal experiences with inequality are related to empathetic responses to the claims of female plaintiffs, we focus on the first wave of female judges, who attended law school during a time of severe gender inequality.
    [Show full text]
  • The Journal of ACS Issue Briefs TABLE of CONTENTS
    Advance The Journal of ACS Issue Briefs TABLE OF CONTENTS 1 Introduction The Troubling Turn in State Preemption: The Assault on Progressive Cities and How Cities Can Respond 3 Richard Briffault, Nestor Davidson, Paul A. Diller, Olatunde Johnson, and Richard C. Schragger Curbing Excessive Force: A Primer on Barriers to Police Accountability 23 Kami N. Chavis and Conor Degnan Access to Data Across Borders: The Critical Role for Congress to Play Now 45 Jennifer Daskal Expanding Voting Rights Through Local Law 59 Joshua A. Douglas Sex Discrimination Law and LGBT Equality 77 Katie R. Eyer Troubling Legislative Agendas: Leveraging Women’s Health Against Women’s Reproductive Rights 93 Michele Goodwin Coming to Terms with Term Limits: Fixing the Downward Spiral of Supreme Court Appointments 107 Kermit Roosevelt III and Ruth-Helen Vassilas A Pragmatic Approach to Challenging Felon Disenfranchisement Laws 121 Avner Shapiro The Bivens Term: Why the Supreme Court Should Reinvigorate Damages Suits Against Federal Officers 135 Stephen I. Vladeck Restoring the Balance Between Secrecy and Transparency: 143 The Prosecution of National Security Leaks Under the Espionage Act Christina E. Wells Parallel State Duties: Ninth Circuit Class Actions Premised on Violations of FDCA Reporting Requirements 159 Connor Karen ACS BOARD OF DIRECTORS Debo P. Adegbile David C. Frederick Ngozi Nezianya, Student Christina Beeler, Student Caroline Fredrickson, Board Member, Board Member, ACS President Northwestern University of Houston Ruben Garcia School of Law Law Center Nancy Gertner Ricki Seidman Nicole G. Berner Reuben A. Guttman Marc Seltzer Elise Boddie Keith M. Harper Cliff Sloan, Chair Timothy W. Burns Christopher Kang Dawn L.
    [Show full text]
  • Federal Judges Association Current Members by Circuit As of 10/8/2020
    Federal Judges Association Current Members by Circuit as of 10/8/2020 1st Circuit United States Court of Appeals for the First Circuit Jeffrey R. Howard 0 Kermit Victor Lipez (Snr) Sandra L. Lynch Ojetta Rogeriee Thompson United States District Court District of Maine D. Brock Hornby (Snr) 0 Jon David Levy George Z. Singal (Snr) Nancy Torresen John A. Woodcock, Jr. (Snr) United States District Court District of Massachusetts Allison Dale Burroughs 0 Denise Jefferson Casper Timothy S. Hillman Mark G. Mastroianni George A. O'Toole, Jr. (Snr) Michael A. Ponsor (Snr) Patti B. Saris F. Dennis Saylor Leo T. Sorokin Richard G. Stearns Indira Talwani Mark L. Wolf (Snr) Douglas P. Woodlock (Snr) William G. Young United States District Court District of New Hampshire Paul J. Barbadoro 0 Joseph N. Laplante Steven J. McAuliffe (Snr) Landya B. McCafferty Federal Judges Association Current Members by Circuit as of 10/8/2020 United States District Court District of Puerto Rico Francisco Augusto Besosa 0 Pedro A. Delgado Hernandez Daniel R. Dominguez (Snr) Jay A. Garcia-Gregory (Snr) Gustavo A. Gelpi, Jr. Juan M. Perez-Gimenez (Snr) United States District Court District of Rhode Island Mary M. Lisi (Snr) 0 John J. McConnell, Jr. William E. Smith 2nd Circuit United States Court of Appeals for the Second Circuit Jose A. Cabranes 0 Guido Calabresi (Snr) Denny Chin Christopher F. Droney (Ret) Peter W. Hall Pierre N. Leval (Snr) Raymond J. Lohier, Jr. Gerard E. Lynch (Snr) Jon O. Newman (Snr) Barrington D. Parker, Jr. (Snr) Reena Raggi (Snr) Robert D. Sack (Snr) John M.
    [Show full text]