The Norm of Prior Judicial Experience and Its Consequences for Career Diversity on the U.S. Supreme Court

Lee Epstein

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Judicial and Constitutional Studies American Constitutional Law and Politics Gender Diversity and Inequality

Abstract

Introduction 906 I. The Norm of Prior Judicial Experience 909 A. Evidence for the Existence of the Norm 909 B. Career Homogeneity Resulting from the Norm 917 1. Occupation at Time of Appointment 918 2. Homogeneity of Career Paths 927 C . D iscussion 937 II. The Importance of Diversity in Institutions 941 A. A General Argument for Diversity 942 1. Diversity in Collective Decision-Making Bodies 944

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1964Federal District Judges and Race Relations Cases in the South 1970Dissent Behavior and the Social Background of Supreme Court Justices

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2018The Intergroup Foundations of Policy Influence 2021Constitutional Reform and the Gender Diversification of Peak Courts 2007Where Have You Gone, Sherman Minton? The Decline of the Short-Term Supreme Court Justice 2007Women's Representation on State Trial and Appellate Courts*2023Making the Supreme Court 2010Politics, Careerism, and the Voluntary Departures of U.S. District Court Judges 2014Implicit Bias in Judicial Performance Evaluations: We Must Do Better Than This

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