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1 – 10 of over 61000
Article
Publication date: 3 July 2013

David Terpstra, André Honorée and John Friedl

This study aims to examine whether the demographics of the US federal judiciary and the type of employment discrimination charge influence federal employment…

930

Abstract

Purpose

This study aims to examine whether the demographics of the US federal judiciary and the type of employment discrimination charge influence federal employment discrimination case outcomes.

Design/methodology/approach

The outcomes of 401 randomly selected employment discrimination cases were examined by utilizing chi square analysis to test the interaction effects of race and gender along with four different charges of employment discrimination.

Findings

The findings suggest that the outcomes of employment discrimination cases are a function of the interaction of the judges' gender and race along with the type of discrimination charge (e.g. gender, race, age, or disability discrimination) involved in the case.

Research limitations/implications

More research studies with larger cell sample sizes for certain discrimination claims should be conducted to ascertain the validity of the current results.

Practical implications

Potential litigants in employment discrimination cases (both plaintiffs and defendants) may find these results relevant in determining their chances for success in the courtroom.

Social implications

These findings could help judges become more aware of potential biases and help guard against being influenced by them. These findings may also have implications for the selection and appointment of judges and suggest that judicial bodies that are more diverse may render more unbiased rulings.

Originality/value

Previous research regarding the influence of the sex and race of the judge on court case outcomes has yielded contradictory and confusing findings. However, by controlling for the possible influence of the type of charge involved in the cases, the findings of the current study suggest that judges' rulings are a function of the interaction of the judges' demographic characteristics with the type of discrimination charge.

Details

International Journal of Law and Management, vol. 55 no. 4
Type: Research Article
ISSN: 1754-243X

Keywords

Book part
Publication date: 1 January 2014

Ross Kleinstuber

The very contextual nature of most mitigating evidence runs counter to America’s individualistic culture. Prior research has found that capital jurors are unreceptive to…

Abstract

The very contextual nature of most mitigating evidence runs counter to America’s individualistic culture. Prior research has found that capital jurors are unreceptive to most mitigating circumstances, but no research has examined the capital sentencing decisions of trial judges. This study fills that gap through a content analysis of eight judicial sentencing opinions from Delaware. The findings indicate that judges typically dismiss contextualizing evidence in their sentencing opinions and instead focus predominately on the defendant’s culpability. This finding calls into question the ability of guided discretion statutes to ensure the consideration of mitigation and limit arbitrariness in the death penalty.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78350-785-6

Keywords

Book part
Publication date: 1 April 2003

Emmanuel Lazega and Lise Mounier

This study stresses the importance of considering a “joint” governance of interfirm relations as an alternative to external governance (by the State) and self-governance…

Abstract

This study stresses the importance of considering a “joint” governance of interfirm relations as an alternative to external governance (by the State) and self-governance (by the business community) of these relations. We argue that a broadly-conceived structural and organizational approach to economic institutions provides insights into this joint governance because it shows how such a system spreads the costs of control among several kinds of stakeholders. We look at how transactions between any two firms are regulated through jurisdiction by “consular” judges (i.e. judges elected through the local Chamber of Commerce) who indirectly represent other firms and industries in that market, and are therefore considered to be at the same time third parties and potential levers of influence acting on behalf of corporate interests. We study an empirical case of such joint governance: The Tribunal of Commerce of Paris (TCP). Following previous work on lateral control and leverage, we hypothesize that industries and/or companies that have a strong stake in the conflict resolution process will be more represented among the judges of this court than other industries and/or companies, and that judges who are socially active in the court that enforces this joint governance will be sought out for advice more than other judges, and thus gain influence on their peers by suggesting specific outcomes. The analyses of the composition of the bench and of the advice network data collected in this court display an influence structure that confirms these hypotheses and that is likely to affect conflict resolution between businesses. It thus characterizes joint governance of markets as a complex set of social processes worthy of economic sociologists’ attention.

Details

The Governance of Relations in Markets and Organizations
Type: Book
ISBN: 978-1-84950-202-3

Book part
Publication date: 24 October 2017

Thomas E. McClure

Opinion polls show that contributions to judicial candidates create an appearance of corruption. This perception damages the institutional legitimacy of the courts. This…

Abstract

Opinion polls show that contributions to judicial candidates create an appearance of corruption. This perception damages the institutional legitimacy of the courts. This chapter explores the relationship between integrity ratings of Illinois trial judges and campaign contributions. Specifically, it examines the Illinois State Bar Association judicial poll integrity scores of 253 elected judges seated in 101 Illinois counties during 1994–2012. Regression analysis reveals that judicial candidates’ integrity scores declined as (a) the amount of attorney contributions increased; (b) the number of reported attorney contributors enlarged; and (c) the number of large attorney contributors grew. This chapter also discusses the efficacy and limitations of four policies meant to diminish the appearance of corruption: recusal and disqualification rules; anonymous contributions; public financing; and the elimination of the election of judges. Although a radical solution, the policy of abolishing judicial elections is more likely to overcome the appearance of corruption than the other reforms.

Details

Corruption, Accountability and Discretion
Type: Book
ISBN: 978-1-78743-556-8

Keywords

Abstract

Details

Legal Professions: Work, Structure and Organization
Type: Book
ISBN: 978-0-76230-800-2

Book part
Publication date: 10 October 2014

Zelia Gallo

In this chapter I discuss judicial contributions to Italian penality. I look at the penal incentives produced by interactions between judicial and political classes, and…

Abstract

Purpose

In this chapter I discuss judicial contributions to Italian penality. I look at the penal incentives produced by interactions between judicial and political classes, and ask whether judges and prosecutors have been forces for punitiveness or moderation. I discuss the relevance of the Italian case for broader analyses of Western penality.

Design/methodology/approach

My chapter offers a political-sociological account of judicial contributions to punishment. I analyse the penal incentives created by different national institutional set-ups, specifically addressing judicial contributions to penality using a framework developed by Joachim Savelsberg and Nicola Lacey. The framework examines judicial structure in the institutional context looking at the penal implications of bureaucratisation of the judiciary and the capacity for co-ordination between judges and politicians. I include judicial legitimacy as an additional dimension in this framework.

Findings

I conclude that the Italian judiciary have been forces for punitiveness and moderation. Their contributions can be systematised by looking at the waxing and waning of judicial legitimacy, and the consequent expansion and contraction of judicial powers. I claim that judicial legitimacy is also relevant to other (‘non-Italian’) analyses of judicial contributions to contemporary Western penality.

Originality/value

By adding legitimacy to investigations of judicial contributions to penality I provide an organising principle with which to analyse the penal role of Italian judicial actors. I thus allow Italy to be kept in conversation with existing comparative models, without assuming that it either conforms to the models entirely, or that the models should otherwise be eschewed. I use the Italian case to demonstrate the relevance of legitimacy when analysing judicial contributions to Western penality, arguing that changing legitimacy affects the terms and effect of interaction between judicial and political classes.

Details

Punishment and Incarceration: A Global Perspective
Type: Book
ISBN: 978-1-78350-907-2

Keywords

Article
Publication date: 6 July 2015

Madeline Ann Domino, Matthew Stradiot and Mariah Webinger

This paper aims to investigate factors which may influence or bias judges’ decisions to exclude or admit the testimony of accounting expert witnesses, under the US…

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Abstract

Purpose

This paper aims to investigate factors which may influence or bias judges’ decisions to exclude or admit the testimony of accounting expert witnesses, under the US judicial guidelines commonly known as the Daubert/Kuhmo standards. Accounting experts are increasingly providing expert testimony as a part of financial litigation support services.

Design/methodology/approach

Judges’ decisions, in which opposing council evoked a Daubert/Kuhmo challenge to the testimony provided by 130 professional accountants serving as expert witnesses, were analyzed. The period of study was 2010 through 2014. Based on prior research, three variables believed to potentially influence or bias judges to systematically exclude expert testimony were examined: gender, complexity and familiarity.

Findings

The results of binary logistic regression show that none of the variables has a significant relationship to the accounting expert witnesses’ probability of surviving a challenge to Daubert/Kuhmo standards. Findings suggest that judges are objective in evaluating the testimony provided by accounting experts under Daubert/Kuhmo guidelines and that they may be immune to biases based solely on gender, complexity and familiarity.

Originality/value

These results will be of interest to judges, lawyers and forensic accountants acting as expert witnesses.

Details

Accounting Research Journal, vol. 28 no. 1
Type: Research Article
ISSN: 1030-9616

Keywords

Article
Publication date: 5 November 2010

Andre Honoree, David Terpstra and Jonn Friedl

This study aims to examine whether the diversity of the US federal judiciary has an influence on case outcomes in employment discrimination cases. Specifically, this paper…

2061

Abstract

Purpose

This study aims to examine whether the diversity of the US federal judiciary has an influence on case outcomes in employment discrimination cases. Specifically, this paper investigates if the gender and race of both judges and plaintiffs result in significantly different employment case outcomes in the US district court system.

Design/methodology/approach

A random sample of 657 federal employment discrimination cases from the last decade were analyzed utilizing chi square analysis testing combinatory and interaction effects of race and gender.

Findings

The results intimate that the demographic characteristics of judges and plaintiffs do have an effect on case outcomes. Specifically that different combinatory types and interactions of judges and plaintiffs are associated with different case outcomes.

Practical implications

These results could be useful to potential litigants in employment discrimination cases to assist employees and employers alike in the determination of their chances for success in the courtroom. Judges may also benefit from more information on possible biases and take steps to guard against being influenced by them.

Social implications

Such research focuses more attention on the fundamental principle of the American judicial system of fair and equal treatment for all. Furthermore, some findings have implications for the demographic composition of the US Supreme Court and other judiciary bodies where decisions are arrived at by a group.

Originality/value

Little to no research has examined the possible differences in case outcomes associated with different combinatory types of both judges and plaintiffs in employment discrimination cases.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 29 no. 8
Type: Research Article
ISSN: 2040-7149

Keywords

Article
Publication date: 6 July 2020

André L. Honorée and Rusty Juban

This study examines whether various judicial demographic and political characteristics have an influence on case outcomes in transgender employment discrimination cases…

Abstract

Purpose

This study examines whether various judicial demographic and political characteristics have an influence on case outcomes in transgender employment discrimination cases. Specifically, it assesses whether the race, sex or political party of federal judges result in significantly different employment case outcomes for transgender employees in the US district courts.

Design/methodology/approach

Utilizing a legal database of all federal employment discrimination cases over the past five decades, the study ultimately identified 97 cases with transgender plaintiffs. Chi-square and frequency analyses were employed to test the hypotheses regarding the effect of race, sex and political party of federal judges on transgender employment case outcomes.

Findings

The results intimate that both the political party and sex of the judge have an effect on case outcomes. Specifically, the transgender plaintiffs in employment discrimination cases have a greater chance for success when such cases are presided before Democratic and female judges.

Practical implications

The study's findings of significant differences in case outcomes suggest that characteristics of judges should be taken into account by potential plaintiffs and defendants, as they consider if/how to proceed with their cases.

Social implications

Such research focuses more attention on the fair and equal treatment principle of the American judicial system due to the significant differences found in case outcomes as a result of judges' characteristics.

Originality/value

No research till date has examined the outcomes of transgender employment discrimination cases in the US despite national surveys indicating the pervasiveness and severity of such discrimination.

Details

Employee Relations: The International Journal, vol. 42 no. 6
Type: Research Article
ISSN: 0142-5455

Keywords

Article
Publication date: 1 July 2004

Martin Schneider

This paper analyzes the careers of 230 professional judges in the German labor court system. Judges who are promoted early for the first time – “fast starters” – are more…

Abstract

This paper analyzes the careers of 230 professional judges in the German labor court system. Judges who are promoted early for the first time – “fast starters” – are more likely to be promoted for the second time. Fast starters, however, do not achieve a second promotion earlier – there is no evidence of a fast career track. Furthermore, judges who publish scientific books or papers are more likely to be promoted for the second time. Hence, careers neither are random nor do they follow bureaucratic criteria such as seniority. They can be understood as the outcome of a succession of tournaments for promotion that sustains career prospects both for “fast starters” and for “late bloomers”. Implications for judicial incentives and the quality of matching of judges with judicial offices are inferred.

Details

International Journal of Manpower, vol. 25 no. 5
Type: Research Article
ISSN: 0143-7720

Keywords

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