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Gender Attitudes in the Judiciary: Evidence from US Circuit Courts

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  • Elliott Ash
  • Daniel L. Chen
  • Arianna Ornaghi

Abstract

Do gender attitudes influence interactions with female judges in US circuit courts? In this paper, we propose a judge-specific measure of gender attitudes based on use of gender-stereotyped language in the judge's authored opinions. Exploiting quasi-random assignment of judges to cases and conditioning on judges' characteristics, we validate the measure showing that higher-slant judges vote more conservatively in gender-related cases. Higher-slant judges interact differently with female colleagues: they are more likely to reverse lower court decisions if the lower court judge is a woman than a man, are less likely to assign opinions to female judges, and cite fewer female-authored opinions.

Suggested Citation

  • Elliott Ash & Daniel L. Chen & Arianna Ornaghi, 2024. "Gender Attitudes in the Judiciary: Evidence from US Circuit Courts," American Economic Journal: Applied Economics, American Economic Association, vol. 16(1), pages 314-350, January.
  • Handle: RePEc:aea:aejapp:v:16:y:2024:i:1:p:314-50
    DOI: 10.1257/app.20210435
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    Cited by:

    1. Ganglmair, Bernhard & Helmers, Christian & Love, Brian J., 2024. "Do judicial assignments matter? Evidence from random case allocation," ZEW Discussion Papers 24-003, ZEW - Leibniz Centre for European Economic Research.
    2. Markus Eberhardt & Giovanni Facchini & Valeria Rueda, 2023. "Gender Differences in Reference Letters: Evidence from the Economics Job Market," The Economic Journal, Royal Economic Society, vol. 133(655), pages 2676-2708.
    3. Morris, J., 2023. "The Impact of Qualitative Reviews on Racial Statistical Discrimination: Evidence from Airbnb," Cambridge Working Papers in Economics 2331, Faculty of Economics, University of Cambridge.
    4. Sreevidya Ayyar & Uta Bolt & Eric French & Cormac O'Dea, 2024. "Imagine your life at 25: Gender conformity and later-life outcomes," IFS Working Papers W24/32, Institute for Fiscal Studies.
    5. Peter Grajzl & Peter Murrell, 2024. "From Status to Contract? A Macrohistory from Early-Modern English Caselaw and Print Culture," CESifo Working Paper Series 11246, CESifo.

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    More about this item

    JEL classification:

    • D91 - Microeconomics - - Micro-Based Behavioral Economics - - - Role and Effects of Psychological, Emotional, Social, and Cognitive Factors on Decision Making
    • J16 - Labor and Demographic Economics - - Demographic Economics - - - Economics of Gender; Non-labor Discrimination
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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