María C. Escobar-Lemmon, Valerie J. Hoekstra, Alice J. Kang, M. C. Kittilson
{"title":"Women’s Representation on High Courts","authors":"María C. Escobar-Lemmon, Valerie J. Hoekstra, Alice J. Kang, M. C. Kittilson","doi":"10.1093/oso/9780198861577.003.0001","DOIUrl":"https://doi.org/10.1093/oso/9780198861577.003.0001","url":null,"abstract":"Chapter 1 poses the central question of the book: Why has women’s representation advanced on high courts worldwide? After theorizing why women’s presence is essential for the judicial process, the chapter argues that monocausal explanations for women’s representation on high courts are insufficient. The appointment of judges involves multiple sources of influence. This chapter builds an analytic framework to explain the gains women have made on high courts by focusing on three sets of explanations: pipelines to high courts, domestic institutions including selection mechanisms, and international influences. The book’s global lens and combination of quantitative time-serial analyses and five country studies (Canada, Colombia, Ireland, South Africa, the United States) allows for examining these influences across a variety of structures, institutions, and regional contexts. The chapter also lays out the plan of the book, with the first part highlighting the book’s cross-national quantitative comparisons, and the second part examining pathways and processes to investigate how and why women are appointed.","PeriodicalId":219478,"journal":{"name":"Reimagining the Judiciary","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129062029","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
María C. Escobar-Lemmon, Valerie J. Hoekstra, Alice J. Kang, M. C. Kittilson
{"title":"How Institutions Influence the Appointment of Women to High Courts","authors":"María C. Escobar-Lemmon, Valerie J. Hoekstra, Alice J. Kang, M. C. Kittilson","doi":"10.1093/oso/9780198861577.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780198861577.003.0005","url":null,"abstract":"Chapter 5 sets out the formal and informal institutions that, collectively, comprise the selection process for the highest courts in five countries (Canada, Colombia, Ireland, South Africa, and the United States). Limiting the focus to formal rules of selection overlooks informal institutions (norms and practices) that constrain and enable the choices of selectors. Selection often rests on identifying a list of potential nominees based on informal networks, which have historically been composed of men. Across country cases, gendered networks and gendered ideas about qualifications often act as filters to hinder the appointment of women. When selectors or their key advisors decide to do so, they can disrupt reliance on these traditional networks by looking beyond the usual suspects as they draw up their shortlists. The chapter also illuminates the contexts in which electoral accountability and incentives matter. When selectors perceive electoral benefit from selecting a woman, and can be held accountable by their electorate, they are more likely to do so. In the context of pressure to select a woman, judicial nominating commissions and affirmative legal language can also increase women’s representation.","PeriodicalId":219478,"journal":{"name":"Reimagining the Judiciary","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131457489","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
María C. Escobar-Lemmon, Valerie J. Hoekstra, Alice J. Kang, M. C. Kittilson
{"title":"Where Have Women Made the Most Strides?","authors":"María C. Escobar-Lemmon, Valerie J. Hoekstra, Alice J. Kang, M. C. Kittilson","doi":"10.1093/oso/9780198861577.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780198861577.003.0003","url":null,"abstract":"Chapter 3 asks where and why have women made the most strides on high courts? What factors help courts move beyond having one “woman’s seat”? This chapter draws on the authors’ dataset on the percentage and number of women on high courts. The chapter describes regional, cross-national, and time-serial variation in the gender composition of courts and identifies the courts which have achieved gender parity. Analyses reveal that both international and regional influences play a significant role in explaining women’s representation after the appointment of the first woman, more so than accountable selectors or economic development. Specifically, the analysis suggests that courts located in regions of the world where women are commonly included on courts, as well as those with a longer commitment to international law, have more women. Additionally, larger courts are more likely to have more women justices. The chapter also underscores how progress toward parity on courts is not linear, identifying those courts which reverted to being all-men after having appointed the first woman.","PeriodicalId":219478,"journal":{"name":"Reimagining the Judiciary","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128108322","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
María C. Escobar-Lemmon, Valerie J. Hoekstra, Alice J. Kang, M. C. Kittilson
{"title":"International Influences on Women’s Representation on High Courts","authors":"María C. Escobar-Lemmon, Valerie J. Hoekstra, Alice J. Kang, M. C. Kittilson","doi":"10.1093/oso/9780198861577.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780198861577.003.0006","url":null,"abstract":"Chapter 6 examines the influence of international factors on the appointment of women to high courts in the case studies, focusing on the impact of international and regional norms, the ratification of the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW), and the advocacy of international and domestic nongovernmental women’s rights organizations. The emergence of regional norms of gender equity in governance, including in the judiciary, is traced for Africa, Europe, and Latin America. Drawing on United Nations and country-specific primary sources, the rise of CEDAW mandated reporting on gender diversity in the judiciary and on high courts is documented in four of the case study countries (Canada, Colombia, Ireland, South Africa). Including the United States, the five case studies highlight the role of domestic advocacy organizations that exert pressure on appointers to consider women candidates for judgeship on high courts.","PeriodicalId":219478,"journal":{"name":"Reimagining the Judiciary","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123717830","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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