Institutional Dynamics on the U.S. Court of Appeals: Minority Representation Under Panel Decision-Ma
Farhang, Sean. “Institutional Dynamics on the U.S. Court of Appeals: Minority Representation Under Panel Decision-Making,” Journal of Law, Economics, and Organization 20 (2004): 299-330 (with Gregory Wawro).
This article assesses how the institutional context of decision making on three-judge panels of the federal Court of Appeals affects the impact that gender and race have on judicial decisions. Our central question is whether and how racial minority and women judges influence legal policy on issues thought to be of particular concern to women and minorities when serving on appellate panels which decide cases by majority rule. Proper analysis of this question requires investigating whether women and minority judges influence the decisions of other panel members. We find that the norm of unanimity on panels grants women influence over outcomes even when they are outnumbered on a panel.
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