Marked for Excellence

Holmes, Lisa

doi:10.1017/9781108555500.008

Cited by 1 publication

(1 citation statement)

References 12 publications

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“…This indicator, Deep Cites, is a Westlaw-generated measure of the number of precedents discussed in the source opinion using at least two paragraphs of text. Our model also includes controls for many other influences on citations, including indicators of the opinion author’s background and elite status identified in other works (e.g., Holmes 2019) and controls for readability, issue salience, and ideological divisions on the authoring panel. For more information on variables, see Table 1 and Supplementary material OA1.…”

Section: Methodsmentioning

confidence: 99%

Who Shapes the Law? Gender and Racial Bias in Judicial Citations

SZMER,

MOYER,

HAIRE

et al. 2023

Am Polit Sci Rev

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In this letter, we assess whether the contributions of judges from underrepresented groups are undervalued or overlooked, thereby reducing these judges’ influence on legal policy. Drawing on an original dataset of discretionary citations to over 2,000 published federal appellate decisions, we find that the majority of opinions written by female judges receive less attention from other courts than those by similarly situated men and that this is largely attributable to disparities in citing Black women and Latinas. We also find that additional efforts by Black and Latinx judges to ground their opinions in precedent yield a much lower rate of return in subsequent citations by outside circuits than comparable work by white men and women judges. This suggests that, despite gains in diversification in the federal judiciary, stereotypes about social identities will play a powerful role in determining whose ideas receive recognition.

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Section: Methodsmentioning

confidence: 99%