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A Justice Rendered by Women for Women? What Judicial Intervention Does to the Gender Gap

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Abstract This paper examines the influence of judges’ gender on decisions in marital separation cases in France. Using detailed data on both judges and cases, we do not detect significant differences between male and female judges regarding child custody or child support. However, female judges grant significantly higher compensatory allowance compared to their male counterparts. Regardless of the dispute type, female judges do not render decisions closer to the demands of either female or male litigants than male judges do. Despite evidence that women judges are more sensitive to inequalities within couples than male judges, the effects of judicial decisions do not compensate for the inequalities created at the time of separation to the detriment of women. This is not due to judicial discretion but rather from the claims presented by litigants and the weight that judges assign to these claims in their decision-making processes. This paper thus challenges the notion of a feminine and therefore feminist justice, which would be “rendered by women for women.”

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Examining Illocutionary Acts: Male and Female Judges’ Comments on Indonesia’s Next Top Model
  • Mar 28, 2024
  • SPHOTA: Jurnal Linguistik dan Sastra
  • Zalikha + 1 more

This article delves into the linguistic and discursive aspects of communication, exploring the application of theories proposed by J.L. Austin (1975) and John Searle (1969) to understand the illocutionary acts employed by the male and female judges in Indonesia's Next Top Model. Within the context of reality television, where judgments and critiques are integral components, the language used by judges holds particular significance. This study aims to delve into the illocutionary acts employed by male and female judges in the popular television show "Indonesia's Next Top Model Cycle 3." The research method for this study employed a qualitative research approach, involved describing data from real-life situations or phenomena in their natural context within the reality show to explore the nuances and meanings of illocutionary acts in judges' comments. A sample of episodes from Indonesia's Next Top Model Cycle 3 was selected for analysis, ensuring representation of both male and female judges' comments. The dataset consisted of 266 utterances, 132 utterances from male judges' comments and 134 utterances from female judges' comments. In this study, it is found that the female judges had a greater variety of speech acts where they used all types of speech acts when giving comments. Whereas male judges only used three types of speech acts. The most dominant type of speech act of both male and female judges is assertives/representatives. It is inferred that both male and female judges are having or showing a confident and forceful personality in their utterances. In this study, it can also be seen that female judges are more to the point or overt than male judges.

  • Book Chapter
  • Cite Count Icon 5
  • 10.4324/9780429327865-13
Pursuing gender equality through the courts
  • Nov 29, 2021
  • Penelope Andrews

The appointment of female judges in South Africa is part of the transformative constitutional project. This chapter examines the question of gender equality, specifically the contribution of female judges to the transformation of the judiciary. It explores whether women judges have, in their judgments, conscripted and interpreted the constitution to highlight and guarantee its transformative potential and possibilities. I looked at the impacts of women judges on constitutional jurisprudence and how the influence of women judges has interacted with the broader transformation of the judicial and political system after apartheid. I conclude that the presence of women in the judiciary is not just symbolic but demonstrates a substantive commitment to ensuring that the judiciary has credibility and legitimacy among the population. The chapter points out, nonetheless, that once on the bench, women judges make a difference. Although limiting my examination to the female judges and jurisprudence of the Constitutional Court, South Africa’s apex court, I have pointed out that despite some overlap between the opinions of the female and male judges, the opinions of the female judges differ in some significant ways. This difference is located in the distinct way that female judges have framed the legal issues and analysis.

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Pursuing Gender Equality through the Courts: The Role of South Africa’s Women Judges
  • May 29, 2020
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Pursuing Gender Equality through the Courts: The Role of South Africa’s Women Judges

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Mechanisms Underlying Familial Influence on Elite Political Behavior: Evidence from the U.S. Circuit Courts of Appeals
  • May 31, 2021
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This article contributes to the literature addressing family influences on elite political behavior. By empirically assessing the influence of sibling gender on judicial decision-making, we are able to present evidence on the mechanism by which child, sibling and other relatives’ gender may influence elite political behavior. We build on a published dataset by mining various archival sources to compile data on the gender of judges’ siblings. We find no evidence that male judges’ votes on so-called “women’s issues” (employment discrimination based on gender or pregnancy, reproductive rights/abortion, and Title IX) are affected by whether they have a sister, and we are able to rule out large effects of a sibling’s gender on male and female judges’ votes. Our results imply that the relationship between family member gender and elite political behavior is driven by the desire to avoid costs of discrimination, rather than learning from family members.

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Gender Differences in Judicial Decisions under Incomplete Information: Evidence from Child Support Cases
  • Jan 1, 2021
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Gender Differences in Judicial Decisions under Incomplete Information: Evidence from Child Support Cases

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Seeking Portia and the Duke: Male and Female Judges Dispensing Justice in Paternity Cases in Morocco
  • Jan 1, 2017
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This chapter asks whether there is a difference in the way male and female judges dispense justice in paternity dispute cases in Morocco, one of the first Arabic-speaking countries to appoint women as judges. Building on recent fieldwork in different courts in Morocco, it provides ethnographic detail to a hotly debated scholarly issue, namely whether men and women have different ‘voices’ in the way they dispense justice. This chapter concludes that both male and female judges adhere to a rule-based adjudicatory style, with male judges being slightly more inclined to authorize the use of DNA testing to solve paternity dispute claims.

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Gender and Judging
  • Jan 1, 2013
  • djbZ
  • Ulrike Schultz + 1 more

Introduction: Gender and Judging: Overview and Synthesis Ulrike Schultz and Gisela Shaw PART 1: PIONEERS AND EMINENT WOMEN JUDGES 1.1. Becoming the First Women Judges in Ontario: Women Lawyers, Gender and the Politics of Judicial Appointment Mary Jane Mossman 1.2. Profiles in Leadership: Eminent Women Judges in the United States Elaine Martin 1.3. The Entry and Integration of Women into Judicial Positions in Israel Eyal Katvan 1.4. First Female Judges in the Weimar Republic in Germany: Reflections on Difference Marion Rowekamp PART 2: WOMEN JUDGES' WORK AND CAREERS 2.1. Feminisation of the French 'Magistrature': Gender and Judging in a Feminised Context Anne Boigeol 2.2. 'I was noticed and I was asked ...' Women's Careers in the Judiciary. Results of an empirical study for the Ministry of Justice in Northrhine-Westfalia, Germany Ulrike Schultz 2.3. Women Judges and Magistrates in Kenya: Challenges, Opportunities and Contributions Winifred Kamau 2.4. The Impact of Women on the Administration of Justice in Syria and the Judicial Selection Process Monique C Cardinal 2.5. Skills for Judicial Work: Comparing Women Judges and Women Magistrates Kathy Mack and Sharyn Roach Anleu 2.6. Professional Stress, Discrimination and Coping Strategies: Similarities and Differences between Female and Male Judges in Switzerland Revital Ludewig and Juan LaLlave PART 3: GENDER PERSPECTIVES IN JUDGING 3.1. Gendered Experiences of a Judge in Germany Ruth Herz 3.2. Women Judges in the Netherlands Bregje Dijksterhuis 3.3. Gender and Judging in Traditional and Modern Societies: A Comparison of Two Case Studies (Ivory Coast and Italy) Maria Rita Bartolomei 3.4. Gender Arguments and Gender Perspective in Legal Judgments in Argentina Andrea L Gastron, M Angela Amante and Ruben Rodriguez 3.5. Do Women on South Africa's Courts Make a Difference? Ruth B Cowan PART 4: GENDERED CONSTRUCTION OF JUDGES 4.1. 'May it Please the Court'. Forming Sexualities as Judicial Virtues in Judicial Swearing-in Ceremonies Leslie J Moran 4.2. Let History Judge? Gender, Race, Class and Performative Identity: A Study of Women Judges in England and Wales Hilary Sommerlad PART 5: FEMINIST JUDGES AND FEMINIST ADJUDICATION 5.1. Must Feminist Judges Self-identify as Feminists? Beverley Baines 5.2. Justice Marcia Neave: Case Study of a Feminist Judge Rosemary Hunter 5.3. What's in a Label? Argentine Judges' Reluctance to Call Themselves Feminists Beatriz Kohen 5.4. A Feminist Adjudication Process: Is There Such a Thing? Reg Graycar PART 6: QUOTAS AND DIVERSITY 6.1. Which Judicial Selection Systems Generate the most Women Judges? Lessons from the United States Sally J Kenney 6.2. Gender Quotas for the Judiciary in England and Wales Kate Malleson 6.3. Rethinking Judicial Diversity Erika Rackley PART 7: GENDER AND JUDICIAL EDUCATION 7.1. Gender and Judicial Education in India Ann Stewart 7.2. Gender and Judicial Education in Japan Kayo Minamino 7.3. Engendering the Judiciary-Lessons from the Philippines Atsuko Miwa 7.4. Gender Training for the Judiciary in Cambodia Keiko Sawa 7.5. Do German Judges Need Gender Education? Ulrike Schultz

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  • Cite Count Icon 6
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Child support order: how do judges decide without guidelines? Evidence from France
  • Nov 28, 2012
  • European Journal of Law and Economics
  • Cécile Bourreau-Dubois + 2 more

The paper presents a model of family judges’ child support orders when no guidelines are available. Based on the French case, it argues that judges weigh up their wish to comply with their institutional environment against their discretion and their willingness to find a compromise, by basing their decision on the parties’ average offer. Using experimental data consisting of child support awards set by approximately 80 French judges, the findings of the paper suggest that family judges promote parents’ child support offer when there is an agreement between them, particularly when their offer is lower than the amount deemed necessary to preserve the child’s interest. There is also some evidence that female judges are likely to be more generous than male judges, although in small amounts and under certain circumstances.

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Gender-Based Compliments Used by Judges in America’s Got Talent 2019
  • Oct 5, 2022
  • English Language and Literature
  • Puji Arifti Hanifah + 1 more

Humans use a variety of communication methods to convey their messages, including apologies, requests, complaints, and compliments. Different communication traits apply to men and women. There are variations in their methods of compliment expression due to the differences in their communication styles. Culture and language are inseparable. The compliment is inextricably linked to culture as a component of language. Their cultural background has a big impact on how they complimented people. The study's analysis of the judges' complimenting styles during the 2019 season of America's Got Talent is its main focus. The study examines the subject, methods, purposes, and syntactic structure of compliments. A qualitative descriptive methodology used in this study. The information was the praise the judges gave to each finalist in their comments. 72 compliments were gathered from America's Got Talent. The results indicate that male judges were more likely to give compliments than female judges. Regarding compliments, the performances of the finalists received more compliments, from male and female judges than from them on other topics. In their delivery of compliments, male judges tended to employ explicit techniques than female judges, but females were more likely to use implicit techniques. In the context of compliments, male judges typically use them to show admiration or approval for someone's work, appearance, or taste, whereas female judges typically use them to replace thanks, greetings, congratulations, and apologies. Finally, judges who were male or female were more likely to compliment others using the phrase PRO is (really) (a) ADJ NP and PRO is/are/was/were more often when making compliments. They are more likely to use impersonal compliments. In conclusion due to the topic, techniques, purpose, and grammatical structure of compliments, there are some variances and similarities in the praising behavior of men and women.

  • Research Article
  • Cite Count Icon 31
  • 10.1111/j.1740-1461.2011.01218.x
Judging Women
  • Aug 3, 2011
  • Journal of Empirical Legal Studies
  • Stephen J Choi + 3 more

Justice Sonia Sotomayor's assertion that female judges might be better than male judges has generated accusations of sexism and potential bias. An equally controversial claim is that male judges are better than female judges because the latter have benefited from affirmative action. These claims are susceptible to empirical analysis. Using a data set of all the state high court judges in 1998–2000, we estimate three measures of judicial output: opinion production, outside state citations, and co-partisan disagreements. For many of our tests, we fail to find significant gender effects on judicial performance. Where we do find significant gender effects for our state high court judges, female judges perform better than male judges. An analysis of data from the U.S. Court of Appeals and the federal district courts produces roughly similar findings.

  • Book Chapter
  • Cite Count Icon 4
  • 10.1163/9789004342200_008
Tunisian Female Judges and ‘The Mobilization of the Emancipative Potential of the Tunisian Family Law’
  • Jan 1, 2017
  • Maaike Voorhoeve

The expectation that women in powerful positions secure the interests of other women is key to the Tunisian political transition. However, factors other than their shared sex or gender may possibly interfere with female solidarity. This chapter tests the hypothesis of female solidarity using female judges as a case study. In the early 2000s, a number of women judges made landmark decisions on mixed marriages, inheritance, and child custody. All these decisions improved the position of women in these areas. This chapter asks whether women judges in the lower family courts display the same solidarity with female litigants as their female counterparts in the highest court of the country, by mobilizing the emancipative potential of the law. The analysis of four types of gender-coded cases shows that while the female judges secured the interests of women litigants on some levels, on others a variety of factors interfered with female solidarity.

  • Research Article
  • Cite Count Icon 7
  • 10.1017/jwe.2017.8
Wine, Women, Men, and Type II Error
  • May 1, 2017
  • Journal of Wine Economics
  • Jeffrey C Bodington

More than forty published works show that women and men differ in their taste preferences for sweet, salt, sour, bitter, fruit, and other flavors. Despite those differences, dozens of state fair and other wine competitions determine winners' ribbons, medals, scores, and ranks by pooling the opinions of female and male judges. This article examines twenty-three blind wine tastings during which female and male judges scored more than nine hundred wines. Two-sample t-test results show that the gender-specific distributions of scores do have similar means and standard deviations. Exact p-values for two-sample chi-square tests show that the distributions of men's and women's scores are not significantly different, and exact p-values for likelihood ratio tests of Plackett-Luce model results show that the genders' preference orders are not significantly different. The correlation coefficient between women's and men's scores is weakly positive in 90 percent of the tastings. On that evidence, indications that the genders prefer different wines are difficult to detect. If such differences do exist, as the nonwine literature implies, the results of this analysis show that those differences are small compared to non-gender-related idiosyncratic differences between individuals and random expressions of preference. The potential for accept-a-false-null-hypothesis Type II error when pooling female and male judges' wine-related opinions appears to be small. (JEL Classifications: A10, C10, C00, C12, D12)

  • Single Book
  • Cite Count Icon 33
  • 10.1163/9789004342200
Women Judges in the Muslim World
  • Mar 20, 2017
  • Nadia Sonneveld + 1 more

A Note on Transliteration Acknowledgements Foreword: Making the Case for Women Judges in the Muslim World: Valentine M. Moghadam 1. Introduction: A Historical Overview of Gender and Judicial Authority in the Muslim World: Nadia Sonneveld and Monika Lindbekk Part One: Comparative Understandings of Women's Appointment as Judges 2. Do Female Judges Judge Differently? Empirical Realities of a Theoretical Debate: Ulrike Schultz 3. Women's Access to Legal Education and Their Appointment to the Judiciary: The Dutch, Egyptian, and Indonesian Cases Compared: Nadia Sonneveld Part Two: Country Studies 4. Female Judges at Indonesian Religious Courtrooms: Opportunities and Challenges to Gender Equality: Euis Nurlaelawati and Arskal Salim 5. Seeking Portia and the Duke: Male and Female Judges Dispensing Justice in Paternity Cases in Morocco: Nadia Sonneveld 6. Female Judges in Malaysian Shari'a Courts: A Problem of Gender or Legal Interpretation?: Najibah Mohd Zin 7. Tunisian Female Judges and 'The Mobilization of the Emancipation of the Tunisian Family Law': Maaike Voorhoeve 8. Lady Judges of Pakistan: Embodying the Changing Living Tradition of Islam: Rubya Mehdi 9. The Politics of Exclusion: Women Public Prosecutors and Criminal Court Judges in Syria (1975-2009): Monique C. Cardinal 10. The Best of times, the Worst of Times: State-Salaried, Female Legal Professionals and Foreign Donor Policy in Post-Qadhafi Libya: Jessica Carlisle 11. Women Judges in Egypt: Discourse and Practice: Monika Lindbekk Index List of Contributors

  • Dissertation
  • Cite Count Icon 1
  • 10.31274/etd-180810-140
Welfare policies and covert behaviors: Understanding the effects on low-income families needing child support in central Iowa
  • Jan 1, 2009
  • Alissa Stoehr

When President Clinton signed the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) into law on August 22, 1996, programs to strengthen child support enforcement and improve receipt efforts were established. However, the lives of welfare recipients who were receiving child support were forever changed. These single mothers would now have to attempt to find employment, no matter what their skill level, in order to keep their welfare benefits for the five-year time limit mandated by this legislation. Some of the new welfare-to-work rules helped raise welfare recipients out of poverty by helping them gain work experience and various job skills. However, most jobs found by welfare recipients provided low wages, limited or no benefits, and no flexibility when it came to childcare situations. Before 1996, custodial parents were allowed to keep the first $50 per month in child support collected on their behalf without their welfare benefits being reduced. However, PRWORA now allowed states to increase or decrease the amount of this child support disregard. Many states, including Iowa, decided to keep the child support paid by non-custodial parents in order to offset welfare payments. This thesis includes a brief history of welfare and child support policies and the recovery by states of their welfare costs, with an analysis of "pass-through" and "disregard" policies stemming from the passage of PRWORA. PRWORA eliminated mandatory pass-through. As of June 2009, approximately 25 states keep all of the child support paid by the non-custodial parent as reimbursement for the custodial parent receiving welfare benefits (Center for Law and Social Policy, 2009). For this study, custodial and non-custodial parents, judges, and administrators from the Iowa Department of Human Services were interviewed. They were asked about their experiences with the formal child support and welfare systems, and how they navigated through the rules and regulations. Respondents also had a chance to give suggestions as to how the welfare and child support systems could be improved. This thesis reports the effects that covert non-compliance and covert support have on custodial parents who receive child support, and on non-custodial parents who pay child support. It also reports that when child support is not made readily available to families who use welfare benefits, custodial parents may choose to engage in covert non-compliance, covert support, and/or informal support. Most of the respondents had negative experiences with the formal welfare and child support systems. They understood the rules, regulations, and eligibility requirements of the programs they were involved in, but did not always agree with the stipulations. Some of the respondents also felt that welfare benefits and child support should be two separate financial supplements. My recommendations include an educational campaign for Iowa Department of Human Services administrators, workers, and clients, a switch in federal marriage promotion funding to a positive parenting curriculum, job training, and skill building programs, and a policy brief of my research that can be used by various policymakers to help understand the plight of welfare families in central Iowa and how future policies concerning child support and welfare can be beneficial to both the state and low-income families.

  • Book Chapter
  • Cite Count Icon 1
  • 10.1007/978-3-319-57840-8_6
Female Judges and Living
  • Jan 1, 2017
  • Anqi Shen

This chapter examines female judges in the private sphere. It begins with a section on women judges’ family roles and the juxtaposition of, and dynamics between, women’s public roles and the roles they play in the domestic setting. Next, it focuses on young mothers and the impact of motherhood on women judges. Then, it presents the female judges’ views on several private matters to explore their worldviews, values and perspectives, which they bring to judicial operations and which could influence their decision-making. Finally, it examines the gender identity of women judges to tease out how femininity fits in with the judiciary and how performing public roles might have an impact on women. To a lesser extent, it starts to question the traditional gender norms that are defined by patriarchy.

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