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Gender and State Supreme Courts: Explaining Male and Female Judges' Concurring and Dissenting Behavior

33 Pages Posted: 29 Mar 2010 Last revised: 2 Apr 2010

Tao Dumas

Louisiana State University, Baton Rouge

Date Written: March 2010

Abstract

In this paper I build on previous research by exploring gender differences in judging on state supreme courts while controlling for ideology and institutional features. This paper provides an important contribution to the study of gender and judging by examining a large number of votes for a relatively large sample of women judges across a number of issue areas in criminal law. Utilizing a multinomial LOGIT model, I find significant differences between men and women's willingness to express disagreement in the form of concurring and dissenting votes. Specifically, I find that female judges evidence a stronger tendency to express disagreement through concurring rather than dissenting votes as compared to their male counterparts. I also find evidence that ideology and institutional design condition the relationship between gender and judicial decision-making.

Suggested Citation

Dumas, Tao, Gender and State Supreme Courts: Explaining Male and Female Judges' Concurring and Dissenting Behavior (March 2010). Western Political Science Association 2010 Annual Meeting Paper . Available at SSRN: https://ssrn.com/abstract=1580487

Tao Dumas (Contact Author)

Louisiana State University, Baton Rouge ( email )

Baton Rouge, LA 70803
United States

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