The Gatekeepers: Federal District Courts in the Political Process

By Kevin L. Lyles | Go to book overview

complement existing studies that provide limited support for the thesis that female judges bring a different perspective to the bench. However, for the most part, like previous studies, for many reasons this analysis does not support gender-specific generalizations. These reasons, discussed at length in previous works, 33 include first, that the psychological and legal theories regarding differences between men and women may be wrong; that is, the theory that women and men approach and resolve moral and legal problems differently is incorrect. 34 Second, it is possible that voting behavior (SDCC data) and the questions asked in the NDJS are not the most appropriate tools for determining the difference between male and female judges. It could be also that more survey questions regarding gender-related issues may have revealed greater differences. Third, as explained by Sue Davis and others, it could be that "differences among men and women are neutralized by the very nature of law and the legal process." 35 More specifically, it could be that because female judges are a small minority of newcomers to the bench, they are especially careful to maintain reputations as team players. This rationale might help to explain the much higher percentages of "no opinion" responses by female judges than for male judges for many of the NDJS questions.

Yet a fourth explanation put forth to partially explain the minor differences revealed in studies of male and female judges' decision making tendencies concerns the law school experience. Because women judges attended law schools controlled by and large by men, those women who were best socialized are thought more likely to succeed, and thus, less likely to exhibit the differences attributed to women by feminist theory. 36

Overall, the combined voting behavior (SDCC) and survey (NDJS) findings comport with the general findings of previous studies that collectively offer little empirical support for the theory that female judges will speak with a unique voice. Nonetheless, female judges are clearly making a distinctive contribution to our legal system. As such, only future research--when data for voting behavior has increased and survey data focusing more directly on gender-related issues as well as female judge socialization is generated--will make it possible to more accurately assess the nature and extent of women's impact on the legal system.


NOTES
1.
See Justice Ginsburg remarks, as reprinted in Judicature 77 ( November- December, 1993), p. 126.
2.
See, for example, Shelah G. Leader, "The Policy Impact of Elected Women Officials," in Joseph Cooper and Louis Maisel, eds., The Impact of the Electoral Process ( Beverly Hills: Sage Publications, 1977), p. 265-285; Kathleen Frankovic, "Sex and Voting in the U.S. House of Representatives," American Political Quarterly 5 ( 1977), pp. 315-331; Freida Gehlen, "Women Members of Congress: A Distinctive Role," in Marianne Githens and Jewel L. Prestage, eds., A Portrait of Marginality ( New York:

-263-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Gatekeepers: Federal District Courts in the Political Process
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 320

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.