Judicial Hostility toward Labor Unions--Applying the Social Background Model to a Celebrated Concern

Authors

James J. Brudney, Fordham University School of LawFollow
Sara Schiavoni, The Ohio State University
Deborah J. Merritt, College of Law, The Ohio State University

Document Type

Article

Publication Title

Ohio State Law Journal

Volume

60

Publication Date

1999

Keywords

National Labor Relations Act, extradoctrinal factors

Abstract

Brudney, Schiavoni, and Merritt address an important debate dividing lawyers And political scientists: To what extent do extra doctrinal factors such as political party, gender, and professional experience influence judicial decision making? They analyze an area of law, decisions interpreting the National Labor Relations Act, that has long been characterized by assertions of Judicial bias. By including every federal court of appeals decision applying the Act over a seven year period, and controlling for both deference to the administrative agency and differences among issues arising under the Act, the authors are able to identify previously undetected influences on judicial decision making. These include a strong interaction between gender and political party, the influence of prior experience representing management clients under the Act, and associations based on race, religion, and educational background At the same time, the authors place those influences in contex4 suggesting the complex interweaving of doctrine and personal background in shaping judicial decisions.

Recommended Citation

James J. Brudney, Sara Schiavoni, and Deborah J. Merritt, Judicial Hostility toward Labor Unions--Applying the Social Background Model to a Celebrated Concern , 60 Ohio St. L.J. 1675 (1999)
Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/166