Choi, SJ (Choi, Stephen J.); Gulati, GM (Gulati, G. Mitu) Ranking judges according to citation bias (as a means to reduce bias) NOTRE DAME LAW REVIEW, 82 (3): 1279-1309 MAR 2007

[Eugene Garfield]

Email Address: stephen.choi at nyu.edu

Author(s): Choi, SJ (Choi, Stephen J.); Gulati, GM (Gulati, G. Mitu) 

Title: Ranking judges according to citation bias (as a means to reduce 
bias) 

Source: NOTRE DAME LAW REVIEW, 82 (3): 1279-1309 MAR 2007 

Language: English 

Document Type: Article 

Abstract: In our Essay, we put forward a methodology to assess the amount 
of political bias that affects judges based on the decisions judges make 
on whom to cite in their opinions. Unlike prior studies looking at 
judicial bias that focus on judicial voting outcomes, our study of bias in 
citation practices is aimed at uncovering more subtle forms of bias. 
Judges may shy away from acting overly biased when making a highly visible 
decision such as voting in a particular case, but instead seek to shift 
the law more subtly through their reasoning and citation patterns in the 
opinion, thereby affecting future precedent. Using a unique dataset of the 
citation patterns contained in federal circuit court decisions from 1998 
to 1999, we provide a preliminary ranking of judges based on political 
bias. Our Essay makes the normative case for ranking judges based on 
political bias. Judges may aim to act without bias (or at least want the 
public to perceive judges as unbiased). But their predispositions likely 
result in biases. If judges can be made aware of biased behavior, when 
measured systematically over a large set of cases, we argue that judges 
will endeavor to reduce their level of bias. Demonstrating themselves as 
less biased may improve the judges’ chances of future promotion and also 
improve their standing among their peers and the public.

Keywords Plus: FEDERAL-COURTS; APPEALS; ACCOUNTABILITY; POLITICS; JUSTICE 

Addresses: NYU, New York, NY 10012 USA; Duke Univ, Durham, NC 27706 USA 

Reprint Address: Choi, SJ, NYU, 550 1St Ave, New York, NY 10012 USA. 

Cited Reference Count: 30 

Times Cited: 1 

Publisher: NOTRE DAME LAW SCHOOL 

Publisher Address: NOTRE DAME LAW SCHOOL, ROOM B1, NOTRE DAME, IN 46556 
USA 

ISSN: 0745-3515 

29-char Source Abbrev.: NOTRE DAME LAW REV 

ISO Source Abbrev.: Notre Dame Law Rev. 

Source Item Page Count: 31 

Subject Category: Law 

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