The New Diversity Crisis in the Federal Judiciary

54 Pages Posted: 29 Jan 2017 Last revised: 4 Aug 2018

See all articles by Jason Iuliano

Jason Iuliano

University of Pennsylvania Law School

Avery Stewart

IBM Corporation

Date Written: January 26, 2017

Abstract

For much of its history, the federal judiciary was characterized by a complete lack of surface-level (i.e., demographic) diversity. Over the past fifty years, efforts to promote surface-level diversity have yielded significant gains and the modern judiciary now looks more like the citizenry it serves than it has at any other point in history. Although substantial progress has been made on this front, a new diversity crisis has taken shape.

Today, deep-level diversity is at an all-time low. This type of diversity denotes those attributes that are non-demographic in nature. It includes characteristics such as work experience, values, attitudes, and educational background. Given the salience of educational background in recent Supreme Court nominations, we focus on this dimension. Based on more than two hundred years of data on the legal education of judges, our analysis reveals that graduates of a smaller and smaller number of law schools are capturing a larger and larger share of federal judgeships. This trend is emblematic of a broader decline in the judiciary’s deep-level diversity and speaks to the emergence of a new diversity crisis.

Keywords: Judicial diversity

Suggested Citation

Iuliano, Jason and Stewart, Avery, The New Diversity Crisis in the Federal Judiciary (January 26, 2017). Tennessee Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2906531

Jason Iuliano (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

Avery Stewart

IBM Corporation ( email )

IBM MACC Center
33 Maiden Lane
New York, NY 10038
United States

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