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Judging Women

Author

Listed:
  • Stephen J. Choi
  • Mitu Gulati
  • Mirya Holman
  • Eric A. Posner

Abstract

Justice Sonia Sotomayor's assertion that female judges might be better than male judges has generated accusations of sexism and potential bias. An equally controversial claim is that male judges are better than female judges because the latter have benefited from affirmative action. These claims are susceptible to empirical analysis. Using a data set of all the state high court judges in 1998–2000, we estimate three measures of judicial output: opinion production, outside state citations, and co‐partisan disagreements. For many of our tests, we fail to find significant gender effects on judicial performance. Where we do find significant gender effects for our state high court judges, female judges perform better than male judges. An analysis of data from the U.S. Court of Appeals and the federal district courts produces roughly similar findings.

Suggested Citation

  • Stephen J. Choi & Mitu Gulati & Mirya Holman & Eric A. Posner, 2011. "Judging Women," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 8(3), pages 504-532, September.
    • Handle: RePEc:wly:empleg:v:8:y:2011:i:3:p:504-532
    DOI: 10.1111/j.1740-1461.2011.01218.x
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    References listed on IDEAS

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    1. Stephen J. Choi & G. Mitu Gulati, 2008. "Bias in Judicial Citations: A Window into the Behavior of Judges?," The Journal of Legal Studies, University of Chicago Press, vol. 37(1), pages 87-129, January.
    2. Wood, Robert G & Corcoran, Mary E & Courant, Paul N, 1993. "Pay Differences among the Highly Paid: The Male-Female Earnings Gap in Lawyers' Salaries," Journal of Labor Economics, University of Chicago Press, vol. 11(3), pages 417-441, July.
    3. Uri Gneezy & Muriel Niederle & Aldo Rustichini, 2003. "Performance in Competitive Environments: Gender Differences," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 118(3), pages 1049-1074.
    4. Landes, William M & Lessig, Lawrence & Solimine, Michael E, 1998. "Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges," The Journal of Legal Studies, University of Chicago Press, vol. 27(2), pages 271-332, June.
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    Cited by:

    1. Samantha Bielen & Wim Marneffe & Peter Grajzl & Valentina Dimitrova-Grajzl, 2018. "The Duration of Judicial Deliberation: Evidence from Belgium," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 174(2), pages 303-333, June.
    2. Dimitrova-Grajzl, Valentina & Grajzl, Peter & Slavov, Atanas & Zajc, Katarina, 2016. "Courts in a transition economy: Case disposition and the quantity–quality tradeoff in Bulgaria," Economic Systems, Elsevier, vol. 40(1), pages 18-38.
    3. Christoph Engel, 2017. "Does Efficiency Trump Legality? The Case of the German Constitutional Court," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2017_20, Max Planck Institute for Research on Collective Goods.
    4. Grajzl, Peter & Silwal, Shikha, 2020. "Multi-court judging and judicial productivity in a career judiciary: Evidence from Nepal," International Review of Law and Economics, Elsevier, vol. 61(C).

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