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Blacks in the Federal Judiciary: Neutral Arbiters or Judicial Activists?

NCJ Number
122409
Author(s)
A L Davis
Date Published
1989
Length
152 pages
Annotation
The role of black Federal judges is examined in terms of its history and its present nature and impact.
Abstract
The discussion notes that few black persons were appointed to the Federal judiciary before the 1976 election of President Jimmy Carter, who appointed more blacks to the Federal courts than all other presidents combined. The analysis focuses on 401 cases that were decided by 12 of the black Federal district court judges who were appointed by President Carter. The analysis concludes that the Carter appointments of significant numbers of women, blacks, and other minorities will undoubtedly result in a diversity of perspectives on the issues adjudicated at the Federal level, although subsequent presidents are unlikely to equal Carter's record. It also notes that the growing numbers of minority group members in law schools will increase the numbers of potential candidates for the judiciary. Finally, the analysis of judicial behavior shows that black judges cannot be distinguished from white judges in their judicial roles and serve as neutral figures rather than as advocates for black litigants. Photographs, tables, chapter reference lists, and index.

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