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Difference in Judicial Discourse

Published online by Cambridge University Press:  20 September 2010

Nancy Maveety
Nancy Maveety
Affiliation:
Tulane University
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Extract

Sally Kenney's essay reminds us of the range and the limitations of our scholarship on gender and judging. At one point in her discussion, after reviewing the views of Justices Ruth Bader Ginsburg and Sandra Day O'Connor discounting the role of gender in their own decision making, Kenney says this:

[F]eminist and nonfeminist women judges' hostility to th[e] essential difference frame of reference should give us pause, as should the repeated failure to unearth the essential dichotomous difference across jurisdiction, issue, and time. But perhaps more importantly, such questions do not exhaust the relevance of gender as a category of analysis to thinking about gender and judging (pp. 436–437 of this issue).

Type
Critical Perspectives on Gender and Politics
Information
Politics & Gender , Volume 6 , Issue 3 , September 2010 , pp. 452 - 465
Copyright
Copyright © The Women and Politics Research Section of the American Political Science Association 2010

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References

REFERENCES

Bazelon, Emily. 2009. “The Place of Women on the Court.” New York Times Magazine, July 7, 2009.Google Scholar
Bikuspic, Joan. 2005. Sandra Day O'Connor: How the First Woman on the Supreme Court Became Its Most Influential Justice. New York: Harper Collins.Google Scholar
Brown, Mark R. 1996. “Gender Discrimination in the Supreme Court's Clerkship Selection Process.” Oregon Law Review 75: 359–88.Google Scholar
Clark, Mary L. 2004. “One Man's Token Is Another Woman's Breakthrough? The Appointment of the First Women Federal Judges.” Villanova Law Review 49: 487–550.Google Scholar
Epstein, Lee, and Mather, Lynn. 2003. “Beverly Blair Cook: The Value of Eclecticism.” In The Pioneers of Judicial Behavior, ed. Maveety, N.Ann Arbor: University of Michigan Press, 172–92.Google Scholar
George, Tracey. 2008. “From Judge to Justice: Social Background Theory and the U.S. Supreme Court.” North Carolina Law Review 86: 1333–68 (symposium).Google Scholar
Hayes, Hannah. 2005. “Sandra Day O'Connor: The Center Vote That Counted.” Perspectives 14: 2.Google Scholar
Jensen, Jennifer M., and Martinek, Wendy L.. 2009. “The Effect of Race and Gender on the Judicial Ambitions of State Trial Court Judges.” Political Research Quarterly 62: 379–92.CrossRefGoogle Scholar
Kenney, Sally J. 2000a. “Beyond Principals and Agents.” Comparative Political Studies 33: 593–625.CrossRefGoogle Scholar
Kenney, Sally J. 2000b. “Puppeteers or Agents? What Lazarus's Closed Chambers Adds to Our Understanding of Law Clerks at the U.S. Supreme Court.” Law and Social Inquiry 185–226.CrossRefGoogle Scholar
Maveety, Nancy. 2008. Queen's Court: Judicial Power in the Rehnquist Era. Lawrence: University of Kansas Press.Google Scholar
O'Connor, Karen, and Hermann, John. 1995. “The Clerk Connection: Appearances Before the Supreme Court by Former Law Clerks.” Judicature 78: 247–49.Google Scholar
Palmer, Barbara. 2001. “Women in the American Judiciary: Their Influence and Impact.” Women and Politics 23: 91–101.CrossRefGoogle Scholar
Peppers, Todd C. 2006. Courtiers of the Marble Palace: The Rise and Influence of the Supreme Court Law Clerk. Stanford: Stanford University Press.CrossRefGoogle Scholar
Rhinehart, Lynn K. 1994. “Is There Gender Bias in the Judicial Law Clerk Selection Process?” Georgetown Law Journal 83: 575–603.Google Scholar
Rosen, Jeffrey. 2009. “The Case Against Sotomayor.” The New Republic, May 4, 2009.Google Scholar
Rubinstein, Mitchell. 2009. “Justice O'Connor on Judicial Elections, Civic Education and the High Court Vacancy.” National Law Journal, May 11, 2009. http://lawprofessors.typepad.com/adjunctprofs/2009/05/oconnor-on-judicial-elections-civic-education-and-the-high-court-vacancy.html (Accessed May 25, 2009).Google Scholar
Staudt, Nancy, Friedman, Barry, and Epstein, Lee. 2008. “On the Role of Ideological Homogeneity in Generating Consequential Constitutional Decisions.” Journal of Constitutional Law 10: 361–86.Google Scholar
Ward, Artemus, and Weiden, David L.. 2006. Sorcerers' Apprentices: 100 Years of Law Clerks at the U.S. Supreme Court. New York: New York University Press.Google Scholar
Whittington, Keith. 2000. “Once More Unto the Breach: Post-Behavioralist Approaches to Judicial Politics.” Law and Social Inquiry 25: 600–34.CrossRefGoogle Scholar
Williams, Margaret S. 2008. “Ambition, Gender, and the Judiciary.” Political Research Quarterly 61: 68–78.CrossRefGoogle Scholar