IDEAS home Printed from https://ideas.repec.org/p/tse/wpaper/30575.html
   My bibliography  Save this paper

Covering: Mutable Characteristics and Perceptions of Voice in the U.S. Supreme Court

Author

Listed:
  • Chen, Daniel L.
  • Halberstam, Yosh
  • Yu, Alan

Abstract

The emphasis on “fit” as a hiring criterion has raised the spectrum of a new form of subtle discrimination (Yoshino 1998; Bertrand and Duflo 2016). Under complete markets, correlations between employee characteristics and outcomes persist only if there exists animus for the marginal employer (Becker 1957), but who is the marginal employer for mutable characteristics? Using data on 1,901 U.S. Supreme Court oral arguments between 1998 and 2012, we document that voice-based snap judgments based on lawyers’ identical introductory sentences, “Mr. Chief Justice, (and) may it please the Court?”, predict court outcomes. The connection between vocal characteristics and court outcomes is specific only to perceptions of masculinity and not other characteristics, even when judgment is based on less than three seconds of exposure to a lawyer’s speech sample. Consistent with employers irrationally favoring lawyers with masculine voices, perceived masculinity is negatively correlated with winning and the negative correlation is larger in more masculine-sounding industries. The first lawyer to speak is the main driver. Among these petitioners, males below median in masculinity are 7 percentage points more likely to win in the Supreme Court. Justices appointed by Democrats, but not Republicans, vote for lessmasculine men. Female lawyers are also coached to be more masculine and women’s perceived femininity predict court outcomes. Republicans, more than Democrats, vote for more feminine-sounding females. A de-biasing strategy is tested and shown to reduce evaluators’ tendency to perceive masculine voices as more likely to win. Perceived masculinity explains 3-10% additional variance compared to the current best prediction model of Supreme Court votes.

Suggested Citation

  • Chen, Daniel L. & Halberstam, Yosh & Yu, Alan, 2016. "Covering: Mutable Characteristics and Perceptions of Voice in the U.S. Supreme Court," TSE Working Papers 16-680, Toulouse School of Economics (TSE), revised Feb 2020.
  • Handle: RePEc:tse:wpaper:30575
    as

    Download full text from publisher

    File URL: http://www.tse-fr.eu/sites/default/files/TSE/documents/doc/wp/2016/covering.pdf
    File Function: Full text
    Download Restriction: no
    ---><---

    Other versions of this item:

    References listed on IDEAS

    as
    1. Deborah Beim & Alexander V. Hirsch & Jonathan P. Kastellec, 2016. "Signaling and Counter‐Signaling in the Judicial Hierarchy: An Empirical Analysis of En Banc Review," American Journal of Political Science, John Wiley & Sons, vol. 60(2), pages 490-508, April.
    2. Alesina, Alberto & La Ferrara, Eliana, 2005. "Preferences for redistribution in the land of opportunities," Journal of Public Economics, Elsevier, vol. 89(5-6), pages 897-931, June.
    3. Berggren, Niclas & Jordahl, Henrik & Poutvaara, Panu, 2010. "The looks of a winner: Beauty and electoral success," Journal of Public Economics, Elsevier, vol. 94(1-2), pages 8-15, February.
    4. A. Belloni & D. Chen & V. Chernozhukov & C. Hansen, 2012. "Sparse Models and Methods for Optimal Instruments With an Application to Eminent Domain," Econometrica, Econometric Society, vol. 80(6), pages 2369-2429, November.
    5. Marianne Bertrand & Esther Duflo, 2016. "Field Experiments on Discrimination," NBER Working Papers 22014, National Bureau of Economic Research, Inc.
    6. Chen, Daniel L. & Halberstam, Yosh & Yu, Alan, 2016. "Perceived Masculinity Predicts U.S. Supreme Court Outcomes," TSE Working Papers 16-682, Toulouse School of Economics (TSE).
    7. David Austen-Smith & Ronald G. Fryer, 2005. "An Economic Analysis of 'Acting White'," Discussion Papers 1399, Northwestern University, Center for Mathematical Studies in Economics and Management Science.
    8. Chen, Daniel L. & Moskowitz, Tobias J. & Shue, Kelly, 2016. "Decision-Making Under the Gambler’s Fallacy: Evidence From Asylum Courts, Loan Officers, and Baseball Umpires," IAST Working Papers 16-43, Institute for Advanced Study in Toulouse (IAST).
    9. Carlos Berdejó & Daniel L. Chen, 2017. "Electoral Cycles among US Courts of Appeals Judges," Journal of Law and Economics, University of Chicago Press, vol. 60(3), pages 479-496.
    10. Daniel J. Benjamin & Jesse M. Shapiro, 2009. "Thin-Slice Forecasts of Gubernatorial Elections," The Review of Economics and Statistics, MIT Press, vol. 91(3), pages 523-536, August.
    11. Chen, Daniel L. & Michaeli, Moti & Spiro, Daniel, 2016. "Ideological Perfectionism," IAST Working Papers 16-47, Institute for Advanced Study in Toulouse (IAST).
    12. Kerwin Kofi Charles & Jonathan Guryan, 2008. "Prejudice and Wages: An Empirical Assessment of Becker's The Economics of Discrimination," Journal of Political Economy, University of Chicago Press, vol. 116(5), pages 773-809, October.
    13. David Austen-Smith & Roland G. Fryer, 2005. "An Economic Analysis of "Acting White"," The Quarterly Journal of Economics, Oxford University Press, vol. 120(2), pages 551-583.
    14. Daniel L. Chen & Tobias J. Moskowitz & Kelly Shue, 2016. "Decision Making Under the Gambler’s Fallacy: Evidence from Asylum Judges, Loan Officers, and Baseball Umpires," The Quarterly Journal of Economics, Oxford University Press, vol. 131(3), pages 1181-1242.
    15. Biddle, Jeff E & Hamermesh, Daniel S, 1998. "Beauty, Productivity, and Discrimination: Lawyers' Looks and Lucre," Journal of Labor Economics, University of Chicago Press, vol. 16(1), pages 172-201, January.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Jo Thori Lind & Daniel Chen, 2016. "The Political Economy Of Beliefs: Why Fiscal And Social Conservatives/Liberals Come Hand-In-Hand," 2016 Meeting Papers 606, Society for Economic Dynamics.
    2. Chen, Daniel L., 2016. "Priming Ideology: Why Presidential Elections Affect U.S. Judges," TSE Working Papers 16-681, Toulouse School of Economics (TSE), revised Aug 2016.
    3. Chen, Daniel L. & Prescott, J.J., 2016. "Implicit Egoism in Sentencing Decisions: First Letter Name Effects with Randomly Assigned Defendants," IAST Working Papers 16-56, Institute for Advanced Study in Toulouse (IAST).
    4. Samantha Bielen & Wim Marneffe & Naci H. Mocan, 2018. "Racial Bias and In-group Bias in Judicial Decisions: Evidence from Virtual Reality Courtrooms," NBER Working Papers 25355, National Bureau of Economic Research, Inc.
    5. Chen, Daniel L., 2018. "Judicial Analytics and the Great Transformation of American Law," TSE Working Papers 18-974, Toulouse School of Economics (TSE).
    6. Chen, Daniel L. & Yeh, Susan, 2016. "Government Expropriation Increases Economic Growth and Racial Inequality: Evidence from Eminent Domain," TSE Working Papers 16-693, Toulouse School of Economics (TSE).
    7. Chen, Daniel L., 2018. "Judicial Analytics and the Great Transformation of American Law," IAST Working Papers 18-87, Institute for Advanced Study in Toulouse (IAST).
    8. Chen, Daniel L., 2018. "Attorney Voice and the U.S. Supreme Court," IAST Working Papers 18-91, Institute for Advanced Study in Toulouse (IAST).
    9. Chen, Daniel L. & Sethi, Jasmin, 2016. "Insiders, Outsiders, and Involuntary Unemployment: Sexual Harrassment Exacerbates Gender Inequality," TSE Working Papers 16-687, Toulouse School of Economics (TSE).
    10. Carlos Berdejó & Daniel L. Chen, 2017. "Electoral Cycles among US Courts of Appeals Judges," Journal of Law and Economics, University of Chicago Press, vol. 60(3), pages 479-496.
    11. Chen, Daniel L., 2018. "Machine Learning and Rule of Law," IAST Working Papers 18-88, Institute for Advanced Study in Toulouse (IAST).
    12. Chen, Daniel L., 2018. "Machine Learning and the Rule of Law," TSE Working Papers 18-975, Toulouse School of Economics (TSE).
    13. Chen, Daniel L., 2018. "Attorney Voice and the U.S. Supreme Court," TSE Working Papers 18-978, Toulouse School of Economics (TSE).

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Chen, Daniel L. & Prescott, J.J., 2016. "Implicit Egoism in Sentencing Decisions: First Letter Name Effects with Randomly Assigned Defendants," IAST Working Papers 16-56, Institute for Advanced Study in Toulouse (IAST).
    2. Chen, Daniel L. & Reinhart, Eric, 2016. "The Disavowal of Decisionism: Politically Motivated Exits from the U.S. Courts of Appeals," TSE Working Papers 16-721, Toulouse School of Economics (TSE), revised Feb 2017.
    3. Chen, Daniel L. & Philippe, Arnaud, 2023. "Clash of norms judicial leniency on defendant birthdays," Journal of Economic Behavior & Organization, Elsevier, vol. 211(C), pages 324-344.
    4. Rémi Suchon & Marie Claire Villeval, 2017. "Does upward mobility harm trust?," Post-Print halshs-01659021, HAL.
    5. Suchon, Rémi & Villeval, Marie Claire, 2019. "The effects of status mobility and group identity on trust," Journal of Economic Behavior & Organization, Elsevier, vol. 163(C), pages 430-463.
    6. Chen, Daniel L., 2016. "Priming Ideology: Why Presidential Elections Affect U.S. Judges," TSE Working Papers 16-681, Toulouse School of Economics (TSE), revised Aug 2016.
    7. Kevin Lang & Jee-Yeon K. Lehmann, 2012. "Racial Discrimination in the Labor Market: Theory and Empirics," Journal of Economic Literature, American Economic Association, vol. 50(4), pages 959-1006, December.
    8. Chen, Daniel L., 2023. "Judicial compliance in district courts," International Review of Law and Economics, Elsevier, vol. 74(C).
    9. Chen, Daniel L., 2018. "Judicial Analytics and the Great Transformation of American Law," TSE Working Papers 18-974, Toulouse School of Economics (TSE).
    10. Chen, Daniel L. & Sethi, Jasmin, 2016. "Insiders, Outsiders, and Involuntary Unemployment: Sexual Harrassment Exacerbates Gender Inequality," IAST Working Papers 16-44, Institute for Advanced Study in Toulouse (IAST).
    11. Chen, Daniel L., 2016. "Mood and the Malleability of Moral Reasoning," TSE Working Papers 16-707, Toulouse School of Economics (TSE), revised Feb 2017.
    12. Chen, Daniel L. & Loecher, Markus, 2016. "Mood and the Malleability of Moral Reasoning: The Impact of Irrelevant Factors on Judicial Decisions," IAST Working Papers 16-49, Institute for Advanced Study in Toulouse (IAST), revised Sep 2019.
    13. Cueva, Carlos, 2020. "Animal Spirits in the Beautiful Game. Testing social pressure in professional football during the COVID-19 lockdown," OSF Preprints hczkj, Center for Open Science.
    14. Stephens-Davidowitz, Seth, 2014. "The cost of racial animus on a black candidate: Evidence using Google search data," Journal of Public Economics, Elsevier, vol. 118(C), pages 26-40.
    15. Grodner, Andrew & Kniesner, Thomas J. & Bishop, John A., 2011. "Social Interactions in the Labor Market," Foundations and Trends(R) in Microeconomics, now publishers, vol. 6(4), pages 265-366, September.
    16. Hamermesh, Daniel S. & Gordon, Rachel A. & Crosnoe, Robert, 2023. "“O Youth and Beauty:” Children's looks and children's cognitive development," Journal of Economic Behavior & Organization, Elsevier, vol. 212(C), pages 275-289.
    17. Chen, Daniel L., 2018. "Judicial Analytics and the Great Transformation of American Law," IAST Working Papers 18-87, Institute for Advanced Study in Toulouse (IAST).
    18. Yosh Halberstam, 2019. "Voice at Work," Working Papers tecipa-636, University of Toronto, Department of Economics.
    19. Chen, Daniel L. & Yeh, Susan, 2016. "Government Expropriation Increases Economic Growth and Racial Inequality: Evidence from Eminent Domain," IAST Working Papers 16-46, Institute for Advanced Study in Toulouse (IAST).
    20. Kourtellos, Andros & Petrou, Kyriakos, 2022. "The role of social interactions in preferences for redistribution," Journal of Economic Behavior & Organization, Elsevier, vol. 200(C), pages 716-737.

    More about this item

    Keywords

    Identity; Phonology; Judicial Decision-Making;
    All these keywords.

    JEL classification:

    • J15 - Labor and Demographic Economics - - Demographic Economics - - - Economics of Minorities, Races, Indigenous Peoples, and Immigrants; Non-labor Discrimination
    • J78 - Labor and Demographic Economics - - Labor Discrimination - - - Public Policy (including comparable worth)
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:tse:wpaper:30575. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: the person in charge (email available below). General contact details of provider: https://edirc.repec.org/data/tsetofr.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.