Women Judges Are Cited Less Often Than Their Male Peers

Researchers from the University of North Carolina at Charlotte, the University of Louisville, the University of Georgia, and Brigham Young University in Utah analyzed how the race and gender of federal judges might be impacting judicial processes. Specifically, they wanted to see which types of judges get the most attention from their peers when they have complete discretion to reference another judge’s work.

After analyzing out-of-circuit citations to a sample of more than 2,000 published federal appellate decisions from 2009 to 2016, the researchers found that majority opinions written by female judges receive significantly fewer subsequent citations from other courts than those by men.

Over the five-year period studied, female judges received 1.4 external citations to their opinions compared to 1.63 citations to opinions written by equivalent male judges. While that difference may initially seem small, it really hits home when accumulated over a career. An average judge produces 53.5 opinions a year, so in 10 years of full-time service, male judges would have 120 more citations than female judges. This cumulative difference is particularly problematic because citation of legal precedent is foundational to the U.S. common law legal tradition.

“We wondered why decisions by some judges are better able to catch the attention of their peers and are afforded more influence in the development of law,” said study co-author Robert Christensen, a professor in the Marriott School’s Romney Institute of Public Service and Ethics at Brigham Young University. “Our results indicate a clear bias against citing majority opinions authored by women.”

Professor Christensen added that “even among judges who are trained in equity and due process, we are not yet past the point where we can say we live in a bias-free world. Subconscious biases are still very much at work, and when that is shaping the common law of the country, we think that deserves both scholarly and practical attention.”

The full study, “Who Shapes the Law? Gender and Racial Bias in Judicial Citations,” was published on the website of the American Political Science Review. It may be accessed here.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Related Articles

Latest News

Deborah Jackson-Dennison Appointed President of Diné College in Arizona

An enrolled member of the Navajo Nation (Diné), Dr. Jackson-Dennison has nearly four decades of experience in educational leadership, including more than two decades as a superintendent in Arizona public schools.

Lainie Rutkow to Lead Academic Affairs at Johns Hopkins University

Dr. Rutkow, professor of health policy, has been tapped to serve as interim provost at Johns Hopkins University in Baltimore. Currently serving as executive vice provost, Dr. Rutkow is an expert on public health law and founder of the Johns Hopkins Coronavirus Resource Center.

Piyusha Singh Named Provost at Lincoln University of Missouri

“Having served with distinction as interim provost, Dr. Singh has already demonstrated her ability to lead with clarity, integrity, and purpose,” said Lincoln University President John Moseley. “I am confident that her permanent appointment will provide continuity and momentum as we advance Lincoln University’s academic mission.”

Jennifer L. Mnookin Named President of Columbia University

One of the nation's leading scholars in the field of legal evidence, Dr. Mnookin has served as chancellor of the University of Wisconsin-Madison since 2022. She is slated to become the next president of Columbia University in July.

University of Arkansas Revokes Offer to Emily Suski to Be New Law School Dean

Emily Suski was slated to become the next dean of the University of Arkansas School of Law. However, just days after she was sent her offer, the university reversed its decision after several Arkansas lawmakers objected to Suski's prior defense of transgender athletes' rights to play on the teams aligned with their gender identity.

Instructional Professor in Law, Letters, and Society (Open Rank)

The Social Sciences Collegiate Division at the University of Chicago is now accepting applications for a full-time Instructional Professor who will teach in the program in Law, Letters, and Society.

Assistant Professor AC Track Assistant Director of Clinical Chemistry Laboratory – Children’s Hospital of Philadelphia

Children's Hospital of Philadelphia and the Department of Pathology and Laboratory Medicine at the Perelman School of Medicine at the University of Pennsylvania seek candidates for an Assistant Professor position in the non-tenure academic clinician track. Expertise is required in the specific area of Clinical Chemistry.

Sustainability Manager

The Sustainability Manager serves as the University of Nevada, Reno’s campus-wide sustainability lead, coordinating sustainability planning, implementation, reporting, and engagement across academic, research, administrative, and operational units.

Assistant Professor of Black Studies

The Black Studies Department at The City College of New York invites applications for a full-time, tenure track Assistant Professor of Black Studies who is firmly situated, trained, and credentialed in the field of Black Studies.

Instructional Professor of Sociology in MAPSS (Open Rank)

The University of Chicago Division of the Social Sciences invites applications for appointment as Instructional Professor at the rank of Assistant, Associate, or Full Professor, with a specialization in Sociology, in the Master of Arts Program in the Social Sciences.