Improving the quality of the judiciary is a noble cause. I welcome the participation of social scientists in the endeavor. But it is an open question whether social science can meaningfully contribute. Left to their own devices, social scientists are likely to produce work of dubious value. Perhaps judges can… Read More »
In this Essay, I raise a metatheoretical question concerning the relationship between what seem to be two distinct categories of projects that might be lumped together under the rubric of empirical study of judicial performance. One kind of empirical project aims broadly at developing a social-scientific theory of judging, or… Read More »
Much has been written about the process by which judges reach decisions in cases governed by the common law, but very little has been done to test this process empirically. Most empirical efforts have attempted to determine whether and to what extent judges’ political views influence their legal decisions. My… Read More »
The primary goal of the Duke Law Journal’s Symposium on Evaluating Judging, Judges, and Judicial Institutions was to bring together judges and academics researching judges. Conversations between these groups can be constructive on both sides. Judges may benefit from learning about studies that show the influences on judicial performance or… Read More »
Can women capture the benefits of equal citizenship in a legal system that does not mandate accommodations for pregnant workers? This Article argues that they cannot. Current pregnancy discrimination law, which bases the right to work on full capacity, systematically deprives women of equal opportunity to make use of their… Read More »
It is bedrock policy that the government can treat citizens and noncitizens differently. Virtually no one believes that noncitizens should have the right to vote or to run for office. Many noncitizens—including tourists, business people, and the spouses of certain visa holders—do not even have the right to work or… Read More »
Congress enacted the Private Securities Litigation Reform Act of 1995 (PSLRA) to reduce plaintiffs’ lawyers’ influence in securities class actions. The PSLRA’s presumption that the class member with the largest financial interest would be named lead plaintiff was meant to ensure that the class, not a law firm, would be… Read More »
In 1986, Congress enacted “a comprehensive scheme prohibiting the employment of illegal aliens in the United States.” Recently, many municipalities have taken matters into their own hands because of dissatisfaction over federal enforcement of these employment regulations. Municipalities across the country have enacted, or considered enacting, ordinances that penalize employers of… Read More »
Lately, it seems that the Supreme Court has taken a strong interest in the question whether, and under what circumstances, religious speech and symbolism are constitutionally permissible in government-sponsored settings. Last Term, in Pleasant Grove City v. Summum, the Supreme Court considered whether a city had to allow the Summum religious… Read More »
Defenders of sex and race inequality often contend that women and people of color are better off with fewer rights and opportunities. This claim straddles substantive debates that are rarely considered together, linking such seemingly disparate disputes as the struggles over race-based affirmative action, antiabortion laws, and marital rape exemptions.… Read More »