Judges' Race, Gender, Ideology Can Tilt Class Cert. Appeals

Law360 (August 19, 2019, 9:44 PM EDT) -- When female judges, black judges and judges appointed by Democrats sit on appellate panels, those panels are more likely to rule in favor of class certification, according to a new study by researchers at the University of Pennsylvania and University of California, Berkeley.

The report, which was made public Saturday, examined more than 1,100 precedential or published decisions by federal appellate courts on class certification over the past 50 years and found that the gender, racial and ideological makeup of the panel can have a big impact on whether the judges voted in favor of class certification.

Professor Stephen Burbank of...

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