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Abstract

This article is aimed at the general question: whether having a woman judge would make a difference in sexual harassment cases. This article is aimed at this general question, the response to which has been elusive: Does the race, gender, or other background characteristics of a judge make a difference in the outcome of cases? The effects of diversity on the bench are just becoming measurable. Many legal scholars have assumed diversity will make a difference. While this conclusion may seem commonsensical, it is important to be able to support such assertions with actual data. The supposition has been that diversity on the bench will take into account differing viewpoints that exist in a multi-cultural society like our own, thereby making justice more fair or, at least, giving it the appearance of being fair. Driven in part by principles of legal realism, this theory has found support through the voices of both legal academics and social scientists. This position, however, is not without its detractors and skeptics It also begs some fundamental questions: Will diversity on the bench really have an effect on the outcome of cases and in the manner in which justice is administered?

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