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Gender and Decision-Making in the Federal Courts: Testing the Critical Mass Theory

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Abstract:

The role of gender in influencing judicial behavior has been the subject of much public law scholarship. The results of these studies, however, have been mixed. At the same time, a body of scholarship has suggested that the presence of a “critical mass” of women may be necessary before substantive behavioral differences emerge. We analyzed 42,226 cases handed down by 1,350 judges over a 28-year span, from 1977 to 2004. Our results indicate that women jurists exhibit distinctive behavior when there is a critical mass of women on a court, deciding cases in a more liberal fashion than their fellow male partisans. When there is no critical mass of women on a court, however, we find that women and men decide cases in a similar manner.

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women (112), critic (89), mass (86), gender (79), court (74), decis (68), judg (53), make (52), judici (43), differ (41), case (37), feder (32), bench (32), model (31), theori (31), decision-mak (30), behavior (29), signific (29), polit (26), men (25), result (22),

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judicial behavior, gender, courts
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Name: American Political Science Association
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MLA Citation:

Manning, Kenneth. "Gender and Decision-Making in the Federal Courts: Testing the Critical Mass Theory" Paper presented at the annual meeting of the American Political Science Association, Marriott Wardman Park, Omni Shoreham, Washington Hilton, Washington, DC, Sep 01, 2005 <Not Available>. 2011-03-14 <http://www.allacademic.com/meta/p41102_index.html>

APA Citation:

Manning, K. L. , 2005-09-01 "Gender and Decision-Making in the Federal Courts: Testing the Critical Mass Theory" Paper presented at the annual meeting of the American Political Science Association, Marriott Wardman Park, Omni Shoreham, Washington Hilton, Washington, DC Online <APPLICATION/PDF>. 2011-03-14 from http://www.allacademic.com/meta/p41102_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: The role of gender in influencing judicial behavior has been the subject of much public law scholarship. The results of these studies, however, have been mixed. At the same time, a body of scholarship has suggested that the presence of a “critical mass” of women may be necessary before substantive behavioral differences emerge. We analyzed 42,226 cases handed down by 1,350 judges over a 28-year span, from 1977 to 2004. Our results indicate that women jurists exhibit distinctive behavior when there is a critical mass of women on a court, deciding cases in a more liberal fashion than their fellow male partisans. When there is no critical mass of women on a court, however, we find that women and men decide cases in a similar manner.

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Associated Document Available American Political Science Association
Associated Document Available Political Research Online

Document Type: application/pdf
Page count: 22
Word count: 6821
Text sample:
Gender and Decision-Making in the Federal Courts: Testing the Critical Mass Theory by Kenneth L. Manning Associate Professor of Political Science University of Massachusetts-Dartmouth Dartmouth MA 02747-2300 Telephone: 508 999-8366 Fax: 508 999-8819 Email: kmanning@umassd.edu and Robert A. Carp Professor of Political Science University of Houston Houston TX 77204-3474 Telephone: 713 743-4008 Fax: 713 743-3978 Email: racarp@uh.edu ______________________ Paper presented at the 2005 annual meeting of the American Political Science Association Washington DC September 1-4 2005 ______________________ Abstract The
of the Voting Behavior of U.S. Supreme Court Justices: Liberalism in Civil Liberties and Economics Decisions 1946-1978.” American Political Science Review. 75: 355-367. Thomas Sue. 1991. “The Impact of Women on State Legislative Policies.” Journal of Politics. 53:958-76. -----. 1994. How Women Legislate. New York: Oxford University Press. Ulmer S. Sidney. 1973. “Social Background as an Indicator to the Votes of Supreme Court Justices in Criminal Cases: 1947-1956 Terms.” American Journal of Political Science. 17: 622-630. Walker Thomas G.


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