Have We Come a Long Way, Baby? The Influence of Attorney Gender on Supreme Court Decision Making
Bibliographic Data
| ID | 21189042 |
|---|---|
| Authors | John Szmer (0000-0003-2702-0565, University of North Carolina at Charlotte), John J Szmer, Tammy A Sarver, Erin B Kaheny (0000-0001-6254-3164, University of Wisconsin–Milwaukee) |
| Year | 2010 |
| Volume | 6 |
| Issue | 1 |
| Pages | 1-36 |
| Publication date | 2010-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Politics & Gender (JOURNAL) |
| Journal identifiers | ISSN: 1743-923X • E-ISSN: 1743-9248 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s1743923x09990493 |
| OpenAlex | W2163652301 |
| Language | EN |
| Citations received | 26 |
| References cited | 78 |
While the impact of an attorney's sex has been examined with respect to trial court processes (e.g., jury decision making), no one has previously studied its effects on appellate court decision making. In this article, we argue that the application of gender schemas by some justices results in a devaluing of the arguments made by women litigators. Our findings suggest that women orally arguing attorneys are less likely to receive a favorable vote by a justice than are the male counsel they oppose and that conservative justices are more likely than their liberal counterparts to vote against litigants represented by female counsel at oral argument. This suggests that the ideology of elites influences whether they apply gender schemas in a negative fashion. We also find that justices are more likely to side with female lawyers in women's issues cases, indicating that the justices' perceptions of female lawyer expertise are enhanced in those cases. These findings persist even after controlling for multiple factors, including attorney expertise, the sex of the justice, amicus participation, party capability, and judicial ideology
Economic Justice · Ideology · Jury · Political science · Politics · Supreme court · Gender Politics and Representation · Judicial and Constitutional Studies · Law · Legal Education and Practice Innovations · Medicine · Psychology
Arbitrator teams and dispute resolution performance
Female policymakers and educational expenditures
“I haven't come a long way, and I'm not a baby”
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Lawyer, Interrupted
Party Capability and the US Courts of Appeals
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When the Courtiers Return to the Marble Palace
The Role of Gender Norms in Judicial Decision-Making at the U.S. Supreme Court
A Fresh Perspective
Intersecting Disadvantages
Centering and Decentering Women
Feminist Friends of the Court
The Role of Nominee Gender and Race at U.S. Supreme Court Confirmation Hearings
I Can’t See You; Can You Hear Me? Gender Norms and Context During In-Person and Teleconference U.S. Supreme Court Oral Arguments
Beyond Mere Presence
The Attorneys’ Gender
Gender, Ideology, and Dominance in Supreme Court Oral Arguments
The Impact of Attorney Gender on Decision Making in the United States Courts of Appeals
The representation of women in the judicial branch
You Reached Out to Me to Help
Trends
You Think; Therefore I Am
Women Lawyers before the Supreme Court of Canada
Barrister gender and litigant success in the High Court of Australia
Well said
Human inference
Friends of the Supreme Court
The Supreme Court and the Attitudinal Model Revisited
When Women Lead
Computing Interaction Effects and Standard Errors in Logit and Probit Models
Interaction terms in logit and probit models
Sample Selection Bias as a Specification Error
Attorney Expertise, Litigant Success, and Judicial Decisionmaking in the U.S. Courts of Appeals
Beyond The Double Bind
Women, War, and Winning Elections
Women, War, and Winning Elections
Bias in the Courtroom
Sex Discrimination in the Courtroom
Judicial Review by the Burger and Rehnquist Courts
Beyond Gender Schemas
Effects of sex of defense attorney, sex of juror, and age and attractiveness of the victim on mock juror decision making in a rape case
Lawyers and the U.S. Supreme Court
Race and Essentialism in Feminist Legal Theory
The Impact of Candidate Sex on Evaluations of Candidates for the U.S. House of Representatives
The Mommy Track and Partnership
Does Being Male Help? An Investigation of the Effects of Candidate Gender and Campaign Coverage on Evaluations of U.S. Senate Candidates
Nonverbal affect responses to male and female leaders
Religion as a Defense in a Mock-Jury Trial
Friends of the Court
The Effect of Politically Salient Decisions on the U.S. Supreme Court's Agenda
Political Ambition and Women in the U.S. House of Representatives, 1916-2000
Dynamic Ideal Point Estimation via Markov Chain Monte Carlo for the U.S. Supreme Court, 1953–1999
Lawyers, Justices, and Issue Salience
Ideological Values and the Votes of U.S. Supreme Court Justices
The Influence of Oral Arguments on the U.S. Supreme Court
In a different voice
Do Citizens Apply Gender Stereotypes to Infer Candidates' Ideological Orientations
The Life of the Law
Complexities of the Gender Gap
Gender and Power in American Legislative Discourse
Models of State High Court Decision Making in Sex Discrimination Cases
Repeat Players in the Supreme Court
A Reappraisal of Diversification in the Federal Courts
The Diversification of the Federal Bench
The Evolution of the Gender Gap
The Electoral Fortunes of Women Candidates for Congress
Exploring Gender Differences in State Legislators’ Policy Preferences
The Supreme Court and Opinion Content
Gender, Race, and Intersectionality on the Federal Appellate Bench
Determinants of Collaborative Leadership
Representative Decision Making on the Federal Bench
Experienced Advocates and Litigation Outcomes
A Competing Risks Model of Supreme Court Vacancies, 1789–1992
Oral Arguments and Decision Making on the United States Supreme Court
Are Women More Likely to Vote for Women's Issue Bills than Their Male Colleagues
"Voting for Women in the "Year of the Woman
Women as Policymakers
Measuring Issue Salience
Who Wins on Appeal? Upperdogs and Underdogs in the United States Courts of Appeals
Gender Stereotypes and the Perception of Male and Female Candidates
Gender Stereotypes and Vote Choice
Present but Not Accounted For? Gender Differences in Civic Resource Acquisition
How People Organize the Political World
Measuring Political Preferences
Does Quality Matter? Challengers in State Supreme Court Elections
Putting Scandinavian Equality to the Test
Stereotypes and standards of judgment
Memory bias toward normative and novel trait prototypes
Information, Oral Arguments, and Supreme Court Decision Making
Ghostwriters on the Court
Gendered Lawyering
DoestheLawyer Matter? Influencing Outcomes on the Supreme Court of Canada
Why the "Haves" Come Out Ahead
Supreme Court Support for the Solicitor General
The Supreme Court and Sex Discrimination
Federal Trial and Appellate Judges
Ideology, Status, and The Differential Success of Direct Parties Before the Supreme Court
| Unique citing works | 26 |
|---|---|
| Citations per year | 1,73 |
| Citation span | 2011 - 2025 (15) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 26 |