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14 August 2013 / Erika Rackley , Erika Rackley
Issue: 7573 / Categories: Features , Profession
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The Neuberger Experiment

manwoman

Do female judges change the substance of decision-making, asks Erika Rackley

Is it possible to isolate the potential impact of gender, as distinct from any other identity characteristic, in any given judgment?

While few would argue against the importance of a diverse judiciary, the view that the inclusion of different perspectives on the bench would alter—let alone enrich—the substance and quality of judicial decision-making, remains controversial.

One reason for this is that there have been doubts as to how, if at all, the identity characteristics of any given judge affect how they judge, and still less whether any potential differences can be correlated and corroborated across gender, ethnicity, etc. Even if we are agreed that, on balance, it is likely that gender makes some difference to judicial decision-making, we might think that until we can demonstrate how women and men differ in their judging, arguments for increasing diversity on this basis cannot get off the ground. But how might we prove this?

The Neuberger Experiment

In May 2013, BBC Radio 4’s

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MOVERS & SHAKERS

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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