Authorship in U.S. circuit courts often reflects gender and racial disparities.
Findings: White and male judges are more frequently assigned to write published opinions while less so for unpublished ones.
* Our analysis uses an original dataset of all dispositive circuit panel opinions from 2012.
* The observed differences in assignment likelihood between demographic groups are statistically significant but relatively modest.
Real-World Relevance:
These patterns suggest systemic barriers:
* Historically marginalized judges face fewer opportunities to shape precedent and policy through published work.
* They disproportionately handle the less prestigious task of authoring unpublished opinions.
This nuanced understanding extends existing research on representation in judicial politics.
| of Whites and Men: How Gender, Race, and Publication Impact Authorship Assignment in the U.S. Courts of Appeals was authored by Elizabeth A. Tillman and Rachael Hinkle. It was published by Sage in R&P in 2018. |
