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How has judicial diversity been encouraged
How has judicial diversity been encouraged
How has judicial diversity been encouraged
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Our Supreme Court, considered the most diverse in its history, has six Catholics, three African Americans, three women, three Jews, two Italian Americans, and the first Hispanic justices. While we have gender, racial, and religious diversity, however, all nine justices on the Roberts Court graduated from Yale and Harvard Law School. They all followed a narrow and similar professional career path. Our current bench not only lacks educational diversity, but also experience in politics, criminal defense, and as solo practitioners. For a well reflected understanding of the communities the Supreme Court serves, educational and professional diversity on the Supreme Court is imperative. Harvard and Yale Law School, among the top three law schools …show more content…
in the US, do not reflect the diverse voices of the US population.
While Yale and Harvard Law School graduates are the most intellectually qualified to be on our Supreme Court, they predominately represent the upper-class. While Harvard Law School (HLS) has programs such as the Low Income Protection plan which works towards providing accepted low-income students with need-based financial aid, but still, 67 percent of HLS’s student body comes from the top 20 percent of the population. Furthermore, median family income of the student body is approximately $168,000 per year; and 15 percent come from the top one percent ($630,000 or more per year). Only 1.8 percent of the students are from the “poor” sector of society. In Harvard Law School’s entering class of 2016, out of the 563 students who matriculated, 49.6 percent were white whereas 33.5 percent made the total minority - 9.4 percent were of Hispanic ethnicity, 12 percent Asian, 7.6 percent African American or Black, and 0.1 percent American Indian or Alaska native. Comparatively, the median parent income of a Yale Law School student is approximately $192,600 per year; students from the top one percent make up to 19 percent of the student body, 69 percent from the top fifth percent and 2.1 percent from the “poor” sector of
society. In 2016, out of the 210 students who matriculated, 58.9 were white and 33.5 percent were minorities - 9 percent Hispanic, 12.6 percent Asian, and 7.3 percent African American or Black. HLS students are not surrounded by individuals from divergent social classes which contributes to lack of exposure to alternative viewpoints and deprives one of empathy. Diversity is imperative as it makes one sensitive to other socioeconomic and race struggles. The justices of our Supreme Court represent our diverse nation, yet, their educational background at such homogenous law schools contributes to their detachment from the lives of our racially, culturally, and economically diverse population. By electing judges with the same intellectual level but with divergent educational backgrounds, our Supreme Court would be able to represent different socioeconomic statuses, thus bringing an alternative perspective to the decisions.
In America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s “founding fathers” and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his intuitive ability to maintain a balance of power, suppress rising sectionalism, and unite the states under the Federal Government.
Gevinson, A. (2009, July 28). Supreme Court Nominations | Teachinghistory.org. Retrieved February 19, 2014, from http://teachinghistory.org/history-content/ask-a-historian/22435
The Supreme Court has the highest authority in this country and throughout its existence the diversity of people in it had been lacking. On May 29, 2009 a new Supreme Court Justice was nominated, she was the first Latina to be appointed to this position and eventually was confirmed by the senate. Sonia Sotomayor’s nomination speech was a moment that brought joy to many Latinos who often did not feel represented in higher positions of authority in this country. She was the first to break the norm for this and in the speech she delivered to the country via new stations she was able to present to the country what qualified her as a Supreme Court Justice. Former President Barack Obama presented Sotomayor as a person
Sotomayor represents the Puerto Rican students that have an awareness of being unqualified in comparison to their white classmates. Her “deficiency of...written English,” a representation for other Puerto Rican students, is because of being raised in a culturally different background than a common upper-class white student’s background (110). The “deficiency” symbolizes the common sense belief that being white, and writing and speaking fluently in English, is a classification of the prevalent culture. Sotomayor, in her dissent in Schuette v. BAMN, explicates that “discrimination against an individual occurs because [of] that individual’s membership in a particular group” revealing that a Puerto Rican’s identity as a Puerto Rican, as an immigrant, as a minority part of the lower class, racializes them, creating drawbacks that are arduous and can be impossible to overcome, as in the case of her cousin Nelson, who being just as smart as Sotomayor, is burdened with an addiction that restricts him from succeeding (Schuette 45; Sottomayor 106). In 1972, Princeton, a prestigious school, was dominantly populated by upper class white males, causing the culture and heritage of many Puerto Ricans and other minority students to clash with dominantly white, upper class
Despite the efforts of lawyers and judges to eliminate racial discrimination in the courts, does racial bias play a part in today’s jury selection? Positive steps have been taken in past court cases to ensure fair and unbiased juries. Unfortunately, a popular strategy among lawyers is to incorporate racial bias without directing attention to their actions. They are taught to look for the unseen and to notice the unnoticed. The Supreme Court in its precedent setting decision on the case of Batson v. Kentucky, 476 U.S. 79 (1986), is the first step to limiting racial discrimination in the court room. The process of selecting jurors begins with prospective jurors being brought into the courtroom, then separating them into smaller groups to be seated in the jury box. The judge and or attorneys ask questions with intent to determine if any juror is biased or cannot deal with the issues fairly. The question process is referred to as voir dire, a French word meaning, “to see to speak”. During voir dire, attorneys have the right to excuse a juror in peremptory challenges. Peremptory challenges are based on the potential juror admitting bias, acquaintanceship with one of the parties, personal knowledge of the facts, or the attorney believing he/she might not be impartial. In the case of Batson v. Kentucky, James Batson, a black man, was indicted for second-degree burglary and receipt of stolen goods. During the selection of the jury the prosecutor used his peremptory challenges to strike out all of the four black potential jurors, leaving an all white jury. Batson’s attorney moved to discharge the venire, the list from which jurors may be selected, on the grounds that the prosecutor’s peremptory challenges violated his client’s Sixth and Fourteenth Amendment rights to have a jury derived from a “cross-section of the community”(People v. Wheeler, 583 P.3d 748 [Calif. 1978]). The circuit court ruled in favor of the prosecutor and convicted Batson on both counts. This case went through the courts and finalized in the U.S. Supreme Court.
The University of California, Los Angeles, established in 1949, is a public institution that is recognized as one of the nation’s top law schools. The UCLA School of Law is acknowledged worldwide as a model of academic rigor and diversity, and distinguishes itself from other nationally ranked law schools by having established itself as the youngest. The school’s mission is to strive to offer an in-depth education in the fundamentals of ethical and professional practices of law through rigorous courses to help develop analytical skills in a cultural and diverse environment. According to Admissions Advisor Andrea Sossin-Bergman, the School of Law focuses on the presence of vital and diverse viewpoints that affect each student in significant ways with a respect to the quality of each student’s education (Sossin-Bergman).
The Supreme Court's ruling in Grutter v. Bollinger and in Gratz v. Bollinger are two compelling and complex cases. In the Grutter v. Bollinger case, the Supreme court favored that race and ethnicity along with other factors are justifiable in the admission process of promoting a diverse and inclusive student body on the premises of state law schools. I agree with the court's decision because minorities only make up a small percentage on college campuses and universities, and that race and ethnicity does play a crucial role in recruiting students of colors from various cultural backgrounds. Students must be trained scholars who know how to interact with people from all walks of life and they must be able to adapt and understand different people in different environments in a given context. The goal is for everyone
During the years the Supreme Court has gone through some changes of its’ own. While Chief Justice Earl Warren was there the first African-American Justice was named to the court: Thurgood Marshall. Chief Justice Warren’s leadership marked a force in social issues. Along the lines of desegregation, election reform and the rights of defendants.
Clegg, expanding on the expense of discrimination towards scholars, displays how discrimination has a single benefit: diversity. Likewise, Abigail Fisher, plaintiff in the recent case Fisher v. University of Texas, has better grades than the average needed to gain admission for African-American and Hispanic students, yet was rejected from the University of Texas. Fisher, who is white, was forced to attend the l...
Ragers, Simon. / The Guardian (2012) White and Male: diversity and the judiciary. Available from: //www. Theguardian.com/news/databblog/2012/mar/28/judges-ethnic-sex-diversity-judiciary.
“The financial crisis and various corporate scandals have caused widespread concern over the way corporations are governed and their responsibilities to stakeholders.” Regulators and academics have emphasised the importance of board diversity in improving the strategic and monitoring role of the board, and preventing further business failures. The discussion has recently concentrated on the poor representation of female members at board level, which seems to be a common problem in most countries, including the United Kingdom. It has been suggested that women can provide boards with “unique qualities and resources that can improve board dynamics, strategic decision-making and firm performance.
Torres-Spelliscy et al. (2010) encouraged diversity in the American court system and provided ten practices to attract the brightest female and minority candidates for the judiciary, and they are as follows: (1) grapple fully with implicit bias; (2) increase strategic recruitment; (3) be clear about the role of diversity in the nominating process in state statutes; (4) keep the application and interviewing process transparent; (5) train commissioners to be effective recruiters and nominators; (6) appoint a diversity compliance officer or ombudsman; (7) create diverse commissions by statute; (8) maintain high standards and quality; (9) raise judicial salaries; (10) improve record keeping (p. 3). Appointing minorities and females to the U.S. bench will increase public confidence, and it will also bring important value towards the representation of women and ethnic
The given statement suggests that the emphasis on judicial diversity is unnecessary since there is no guarantee that a diverse judiciary would arrive at a different decision than that of a conservative judiciary. This essay attempts to argue that although there is no evidence that a diverse bench would radically change the outcome of a given case, the quality of justice will be substantially enhanced by the inclusion of a range of perspectives from which are currently not represented by the English judiciary.
Diversity is a value that shows respect for the differences and similarities of age, sex, culture, ethnicity, beliefs and much more. Having a diverse organization, helps notice the value in other people and also how to teach respect to people that might not know how. The world is filled with different cultures and people that might believe in different things as you, but that doesn’t mean you need to treat them any different. It is imperative for people to grasp diversity because it’ll help people how to engage with others in a respectful yet a hospitable way.
Diversity in the judiciary has increasingly become a concern among those involved in the administration of justice in the United Kingdom. It was long believed that the social background of most judges were elitist. This is because majority of judges were and are products of private schools and universities and are predominantly white, male and from middle and upper class background. As a result of this, the judiciary does not necessarily mirror the views and values of society as a whole, especially on issues involving diverse cultural and generational matters because they would require more perspectives, as judges tend to interpret and enforce law based on their own