Women Running for Judge: The Impact of Sex on Candidate Success in State Intermediate Appellate Court Elections*

Objective. This article will examine whether candidate sex impacts electoral outcomes in judicial elections. Methods. We examine the success of male and female candidates in contested, nonretention elections for state intermediate appellate courts (IACs) from 2000–2006 using OLS and logistic regression analysis. Results. We find that there is no systematic bias against women candidates in IAC races over this period. In fact, there is some evidence that women may actually perform slightly better than men. Conclusions. Contrary to the claims of some scholars, these results suggest judicial elections do not hinder diversity on the state appellate bench.     

Does Seniority Matter? The Conditional Influence of State Methods of Judicial Retention*

Objective. Capitalizing on attention directed to judicial agreement and the associated consequences of judicial elections, this article conducts an examination of the effects of seniority and state methods of judicial retention on decisions by state supreme court justices to dissent. Methods. Using data drawn from the State Supreme Court Data Archive, this research analyzes decisions by individual justices to dissent in 33,582 tort cases from 1995 to 1998. GEE logistic analysis with cases as the clustering unit is the estimation procedure. Results. While the seniority of justices is positively connected to dissent, the findings illustrate that seniority's effect is nuanced and conditioned by a state's method of judicial retention. The impact of a justice's seniority relative to his or her colleagues is most powerful in appointive courts where justices serve without fear of electoral retaliation. Alternatively, within elective courts, justices respond to elections by pursuing a consensual approach regardless of their seniority. Conclusion. The dissent characteristics of justices in state supreme courts are intricately tied to the length of careers and the methods by which states keep justices in office.     

基于压制行为而救济的美国股东权益保护制度

美国不少州的强制解散公司制定法将压制及其类似行为作为司法解散公司的根据和理由,赋予权益受侵害股东广泛的救济基础;法院在压制行为的司法认定和适用上给予宽泛的解释,并以小股东权益为中心或引入股东合理期待原则来界定压制行为,拓宽了股东寻求司法救济的空间;制定法还授权法院、法院也经常自主地适用各种替代救济,以充分保护股东权益。基于压制行为而救济股东权益的美国公司法理念和灵活适用公司解散及其替代救济措施的制定法做法与司法实践值得我们借鉴。     

How far does the gender gap extend?: Decision making on state Supreme Courts in Fourth Amendment Cases, 1980–2000

The importance of women on the bench and the influence of gender on judicial decision making has garnered much scholarly attention. We examine the voting behavior of male and female justices in 718 Fourth Amendment search and seizure votes cast on state Supreme Courts between 1980 and 2000. We find that women justices, controlling for institutional, political, and legal constraints, are more likely to rule in favor of the criminal defendant than their male brethren in cases decided after 1991 but not before. We also find women justices serving with female colleagues are more inclined to render liberal votes. We conclude the influence of gender may be evident in a wider variety of cases than those dealing with women's lives but that this influence is dependent upon the existence of a critical mass of women on the state court benches.     

Who's Calling the Shots? Women Coaches in Division I Women's Sports*

Objective. During the past 30 years, women have become an increasingly small proportion of coaches of women's sports. We test several explanations for why some institutions have women coaches and others do not. Methods. Taking the 329 NCAA Division I institutions with women's sports programs as the cases in point, we explore possible explanations for the dearth of women coaches: the resources and prestige of an institution or sport; the gender of the athletic director; and institutional traditionalism. Results. Within Division I schools, women coaches are more frequently found in more prestigious, resource‐richer institutions and those that devote more resources to women's sports. Conclusions. Although the analysis is confined to Division I schools, it appears that more institutional and organizational efforts need to be made to increase the number of women in the eligible pools for head coaching jobs.     

Negotiating the ‘state of exception’: Gypsies' encounter with the judiciary in Germany and Italy, 1860–1914

The tensions between judicial and executive authorities regarding so-called Gypsies in fin de siècle Germany and Italy reveals an inherent contradiction between the universalist dictates of the modern Rechtsstaat and the requirements of building a national state free of perceived outsiders. The frustration of executive authorities with judicial authorities who insisted on protecting the universalist individual enshrined in law pushed executive authorities to utilize the ‘state of exception' to achieve their vision of the national community. Rather than choosing to create illiberal laws that would expressly exclude Gypsies from the national body, and would resolve the tension with the judiciary, authorities in Germany and Italy instead chose to go around the law by treating Gypsies as an exception not subject to the law. The state of exception not only deprived those labelled as Gypsies of a method of resistance, since many were able to use unwilling courts to protect them from over-zealous executive authorities, but also created a group of stateless people, persecuted and lacking basic human rights.     

From the suburbs to the house: The metropolitan–rural population and the success of women candidates

We analyze the voting behavior of metropolitan and rural residents in relation to women's legislative representation. Examining election data on the U.S. House and all lower state houses, we find that the greater the metropolitan population in a legislative district, the more likely it is to be represented by a woman. We extrapolate from these findings that the modern increase in women's representation can be attributed in part to the rural-to-suburban shift in population and legislative seats.     

Acclimation Effects and Separate Opinion Writing in the U.S. Courts of Appeals*

Objective. This article investigates the existence of a freshman effect on separate opinion authorship on the U.S. Courts of Appeals. First, we evaluate the extent to which freshman judges demonstrate unique behavior with respect to writing concurring and dissenting opinions. Second, we examine the potential for background factors to condition any freshman effect. Methods. Individual judges' decisions to author separate opinions, drawn from the Courts of Appeals Database (1960 to 1988), are modeled as a function of a host of individual‐ and circuit‐level factors, including the freshman status of the judge. Results. After controlling for alternative explanations, we find that freshman judges on the courts of appeals are less likely to author concurring and dissenting opinions. Prior federal or appellate court experience, however, does not appear to condition the freshman effect. Conclusion. Freshman circuit court judges experience significant acclimation effects following their elevation to the federal appellate bench.     

Race,Political Empowerment,and Minority Perceptions of Judicial Fairness*

Objective. Recent studies of the impact of black elite electoral success on the system‐supporting attitudes of black citizens have yielded mixed, but generally unimpressive, empirical results. We extend this limited research by examining the effects of the presence of black judicial officials on public attitudes toward a state judicial system. Methods. We employ data from a telephone survey of citizens in Mississippi and develop multivariate models to test for the effects of black judges on citizens' evaluations of the fairness of judges, equity in sentences, and overall impartiality of the state judicial system. Results. We find no systematic evidence that the election of black judicial officials ameliorates the suspicions of the black public regarding the fairness of the state courts. Conclusions. Our findings are in line with other recent studies on the limited effects of black elite electoral success on the attitudes of the black public and generally support a “political reality” model of political trust rather than an “empowerment model.”     

Negotiating the "state of exception": Gypsies' encounter with the judiciary in Germany and Italy, 1860-1914

The tensions between judicial and executive authorities regarding so-called Gypsies in fin de siècle Germany and Italy reveals an inherent contradiction between the universalist dictates of the modern Rechtsstaat and the requirements of building a national state free of perceived outsiders. The frustration of executive authorities with judicial authorities who insisted on protecting the universalist individual enshrined in law pushed executive authorities to utilize the 'state of exception' to achieve their vision of the national community. Rather than choosing to create illiberal laws that would expressly exclude Gypsies from the national body, and would resolve the tension with the judiciary, authorities in Germany and Italy instead chose to go around the law by treating Gypsies as an exception not subject to the law. The state of exception not only deprived those labelled as Gypsies of a method of resistance, since many were able to use unwilling courts to protect them from over-zealous executive authorities, but also created a group of stateless people, persecuted and lacking basic human rights.     

Women,Welfare and Civil Society Organizations: Creating an Alternative Women's Welfare Sphere in Israel

This article examines the phenomenon of Israeli civil society organizations (CSOs) providing services to women as part of the creation of an alternative women's welfare sphere in Israel in recent years, and its influence upon the welfare state and women. The creation and the existence of the women's civil society sphere can be seen as part of a move by the Israeli welfare state towards a liberal‐style economic regime. The article examines the services and mode of operation of fourteen organizations offering welfare, health and educational services to women in Israel, using a qualitative research method. The study identifies four traits characterizing these organizations: their loose connections with the welfare state, the use of sectoral and selective criteria determining eligibility for their services, the mirroring of internal dynamics of the community and its response to gender issues, and the CSOs' holistic, sporadic and unprofessional services. The analysis highlights the gender dimensions of civil society organizations, the characteristics of structure and content of the services they offer, and the role and place of civil society organizations operating parallel to the welfare state. It sheds light on the complex nature of this sphere and its services, which contribute to the empowerment and improvement of women's lives but, simultaneously, strengthen and reinforce their exclusion and marginalization.     

Campaign Fundraising in State Supreme Court Elections*

Objective. What factors affect the ability of candidates for state supreme courts to raise money? In this article, I test (and expand) existing theories of political fundraising (taken largely from legislative studies) in the context of judicial elections. Methods. I examine the determinants of campaign contributions to all candidates running for the state supreme court from 1990–2000 in states that have competitive judicial elections. Most basically, I hypothesize that a candidate's ability to raise money is dependent on characteristics of the candidate, the state electoral and supreme court context, and institutional arrangements. Results. The results suggest that candidates who have a greater probability of success than their opponents are better able to raise money. Yet, all is not within the control of the candidates, as the electoral context of the state and the court as well as the institutional arrangements of the election and the court are also relevant. Conclusions. Campaign fundraising by state supreme court candidates, much like fundraising by legislative candidates, can be understood in systematic and predictable ways. Candidates have some control over the amount of money that they are able to raise (and thus their electoral viability), although there is little they can do about the electoral and supreme court context. Additionally, institutional arrangements play a large role in raising campaign funds, suggesting that there is not much reformers can do to limit the amount of money involved in elections short of eradicating elections altogether.     

The effects of urban socioeconomic and political context on support for business in the federal district courts

Despite an expansive literature relating the social and political characteristics of cities and states to the economic outputs of legislators and administrators, there has been no comparable study of the impact of local environmental factors on economic policy outcomes of either state or federal trial courts. Neglect of this topic is especially unfortunate, given that exploratory analysis of federal district court judges' decision making in an urban context has suggested a link between federal district court policies and those of other local government institutions (Dolbeare, 1969).This article begins to fill the research lacuna by examining the impact of local environments on federal district courts' economic policy making. Substantial variance in economic case outcomes among courts in cities serving as district court points is explained by certain characteristics of the courts' social and political environments. Patterns of support for business in the district courts is examined to illustrate possible consequences of environmental influences on trial court outcomes. Conclusions regarding the impact of environmental factors on district court policy outcomes are offered along with a comparison of this research with the larger and more developed body of state and local policy research.     

Beyond Women,Children, and Families: Gender,Representation, and Public Funding for the Arts*

Objectives. Research on the impact of female legislators has found that in their voting records women in elective office tend to be more liberal and more supportive of issues of concern to women, children, and families than are men, differences that conform to gender stereotypes held by voters. This article examines another well‐established gender stereotype that is not linked to the traditional concerns of women as conventionally defined by scholars: that women in public office will be more supportive of the arts. Method. The 40 votes taken on arts legislation in the U.S. House of Representatives, 1983–2002, are examined using negative binomial regression in a model that includes district and personal characteristics. Results. Democratic Party membership and support, citizen ideology, urban residence, and gender are significant factors in explaining support for public funding for the arts. Female representatives are more likely than their male colleagues to support the arts, a finding that primarily reflects the greater support of Republican women for the arts in comparison with their male counterparts. Conclusion. This study suggests that substantive representation of women by female elected officials may extend to more policy issues than previous research has documented. Research on issues that are recognized as gendered (e.g., arts policy) but are not traditionally defined as women's issues is an area for further exploration.     

Explaining High‐Profile Coverage of State Supreme Court Decisions*

Objective. In this article, we investigate the decision of media in the U.S. states to give high‐profile coverage to state supreme court decisions. While research on the U.S. Supreme Court has forged an association between media coverage and the political salience of court decisions, scholars have been unable to examine such coverage in the increasingly important state courts of last resort. Methods. Utilizing new data of high‐profile coverage over time in these courts, we examine the extent to which case characteristics, judicial behavior, and institutional variation influence media attention. Our empirical model covers 28,045 state supreme court cases over all 50 states, between the years 1995–1998. Results. Our findings indicate that the likelihood of high‐profile coverage increases when certain case characteristics, particularly declarations of unconstitutionality, are present, in addition to dissent within a court. Despite the importance of institutional differences among state supreme courts, front‐page coverage is not affected by this variation. Conclusions. In our conclusions, we evaluate those scenarios in which high‐profile media coverage is more likely for state supreme court cases, and the possible implications this may have for judicial politics.     

“Respect for each gender”: Gender,equity and backlash in Australia's male health policy

Australia is one of the few countries which has specific health policies for boys/men and girls/women as distinct groups. In this article I present an analysis of the discourses of gender, equity and disadvantage drawn upon in Australia's men's health policy. Through comparison with the women's health policy, I show that a dual focus on the essential differences between men and women and the ways in which the health system has failed men contribute to an adversarial gender politics, positioning men and women as rivals with competing needs. Reflecting broader debates concerning the negative impact of societal change on boys/men, I argue that, in its current form, Australia's health policy both taps into and, crucially, legitimises backlash politics, enabling it to ‘pass’ as sound public policy.     

Judicial Decision Making and International Tribunals: Assessing the Impact of Individual,National, and International Factors*

Objective. The objective of this article is to explain judicial decision making at the International Criminal Tribunal for the Former Yugoslavia by analyzing the impact of individual, national, and international factors. Methods. We use regression and probit analysis of data on the verdicts and sentences handed down by the judges. Results. We find that international factors best explain judicial decision making, especially regarding sentencing. Conclusions. International tribunals and courts are becoming increasingly important and prevalent and it is critical that scholars better understand how their judges make decisions.     

Acclimation Effects on the Supreme Court of Canada: A Cross‐Cultural Examination of Judicial Folklore*

Objective. Few public law theories developed to understand the decision making of U.S. courts have been examined in different cultural settings. This study examines the applicability of the “freshman effects” theory in the context of the Canadian Supreme Court. Methods. The article uses analysis of variance tests to examine changes in the voting and authorship patterns of 15 Canadian Supreme Court Justices during the Laskin, Dickson, and Lamer Court periods (1973–1999). Results. We find very little evidence of acclimation effects on the Canadian Supreme Court. However, through the Chief Justice's power to compose decision panels, Canadian justices in their first full year of service are assigned significantly fewer cases than in subsequent years of their career. Thus, Canadian justices are given time to acclimate to the high court through a lower workload, a luxury not afforded to U.S. justices. Conclusions. Theories of public law adopted to understand U.S. courts may be limited in their generalizability beyond the U.S. setting because of the institutional and political forces that shape judicial decision making in other courts.     

Intra-group variation in conservative Christians’ gender ideologies (1972–2006)

This paper illuminates significant intra-group variations in the gender ideologies of conservative Christians in the United States. Between the 1970s and the present, both conservative Christian men and women have become increasingly accepting of women's roles in politics and women's participation in the workforce. Religiously conservative women have become more opposed to sexual freedoms and abortion rights. Religiously conservative men have become less opposed over time to sexual freedoms and have not changed with regard to abortion ideology. In general, for both men and women, conservative Christians who are older, attend church services more often and have less education tend to be more conservative in their gender ideologies. For females only, higher incomes lead to less conservative gender ideologies, and living in the southern region of the United States tends to decrease their support for female politicians.