Trailblazer women in the Supreme Court of Canada

Johnson, Susan W.; Masood, Ali S.

doi:10.1080/21565503.2021.1946098

Cited by 2 publications

(1 citation statement)

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“…While judicial scholars are increasingly attentive to courts of last resort beyond the United States (Hanretty 2020; Johnson and Masood 2023; Solberg and Wetstein 2007; Sanchez Urribarri et al 2011), we shift the research focus to how inferior court judges interact with their judicial superiors in comparative context. In doing so, we explore two key questions.…”

Section: Introductionmentioning

confidence: 99%

Hierarchical Interactions and Compliance in Comparative Courts

Masood

Bowie

2023

Political Research Quarterly

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Given their place within the judicial hierarchy, judges on lower courts face a complex array of challenges including heavy caseloads, mandatory dockets, and the threat of Supreme Court reversal. Despite the extensive scholarship on the American courts, little is known about judicial interactions in comparative contexts. We articulate and evaluate a framework for lower court adherence to Supreme Court precedents by leveraging a cross-national design in three countries—Canada, the United Kingdom, and the United States—with similar systems but meaningful institutional variability. We find that the mechanisms promulgating adherence to Supreme Court precedents do not substantially vary across design or institutional context. Instead, our results demonstrate that legal factors exert a consistent, homogeneous effect on lower court compliance across judicial systems. Our work offers new and important implications for studies on law and courts and comparative institutions, more broadly.

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Section: Introductionmentioning

confidence: 99%

Hierarchical Interactions and Compliance in Comparative Courts

Masood

Bowie

2023

Political Research Quarterly

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Well said!: Professional norms and female justices' evaluation of lower court opinion text

Gleason,

Kissoon

2024

Law & Policy

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Supreme Court justices' opinions shape the contours of case law binding throughout the United States. Importantly though, justices do not write their opinions de novo. Rather, they routinely draw on lower court judges' opinion language when crafting opinions. In doing so, justices stretch the substantive impact of lower court judges' reasoning beyond the boundaries of their circuits. However, justices do not draw equally on lower court opinions; while previous work often ties this to judges' professional qualifications, we draw on work stressing female supervisors are more likely to enforce professional norms on subordinates. We argue female justices are more likely to draw upon lower court opinions complying with professional norms because of greater implicit norm internalization over the course of their careers. We test this proposition with a quantitative textual analysis of the justices' opinions and lower court opinions. We find support for our argument. This raises normative concerns about the overall impact of greater judicial diversity.

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Trailblazer women in the Supreme Court of Canada

Cited by 2 publications

References 51 publications

Hierarchical Interactions and Compliance in Comparative Courts

Hierarchical Interactions and Compliance in Comparative Courts

Well said!: Professional norms and female justices' evaluation of lower court opinion text

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