Educational Diversity on the U.S. Supreme Court?

Earlier this month I wrote a post about how advocating "educational diversity" on courts (usually described as appointing someone from "outside the Ivy Leagues") may, in some cases, be seen as means to obtain other kinds of diversity, like socio-economic.  According to this story the President has interviewed the Mr. Justice Sidney Thomas, who sits on the Ninth Circuit Court of Appeal.

A native Montanan who received his BA from Montana State University and JD from the University of Montana, Thomson definitely falls outside the "Ivy League" domain. So, on that count, Thomas' shortlisting is being praised (see: Instapundit).

Since news of this shortlisting is relatively new, it's hard to find much else about Thomas' background, but from what I have read, he is known in Montana (and on the Ninth) as "erudite" and "independent thinking".

And while I am not deeply familiar with Justice Thomas' work, I can say that I found his opinion in the Grokster Case at the Court of Appeal was thoughtful and well reasoned, at least with respect to the law of secondary liability as it was then understood (ie: before the Supreme Court ventured into newer "inducement theory" waters..).

Law School Rankings and Diversity

A new study just published in the Southern California Review of Law and Social Justice confirms what many of us have known for years. The study by two sociologists suggests that the U.S. News & World Reports annual law school rankings are getting in the way of building a more diverse student body. A school's diversity is not given any weight in the rankings. The almost mechanical focus on LSAT scores, undergraduate grades and the school’s exclusivity ends up weighing against most minority applicants.

I, for one, believe that diversity has a significant positive impact on the learning environment. Indeed, I think that students who interact with a diverse student body in class are better prepared and informed about the real world outside the classroom. In fact, this was one of my reasons for joining the faculty at Valparaiso University School of Law. A faculty that I am proud to note goes out of its way to recruit promising minority students.

The unique perspectives and experiences the students are exposed to will ensure that they are better able to participate in a heterogeneous and complex society. Though far from scientific, if you doubt this, just think of the instances you have been forced to think outside of the box or reconsider something after chatting with someone different from you.

In light of this study and other research documenting the benefits of diversity, one can only hope that the powers that be will give some consideration to allocating it the weight it deserves in any ranking formula.

Studies Confirm that Diversity on the Bench is Key to Equal Justice

Two recent studies conclude that a judge's race or gender makes for a dramatic difference in the outcome of cases they hear—at least for cases in which race and gender are factors. This should not surprise most people, but the studies do bring to the fore a number of interesting issues. First, it does provide support for the view that the judiciary must be reflective of the community they serve and broader society if we are to achieve equity and a modicum of equal justice. Indeed, as one would expect, a judge’s life experiences, insights and perspectives influence their decisions. Second, it raises questions about the impartiality and neutrality of the judiciary. Indeed, as human beings with inherent biases, influences and emotions could we ever expect mechanical neutrality and objectivity? I suspect the answer is an unequivocal, no. Of course, this only reinforces the argument that the bench -- and all our institutions for that matter -- must reflect society itself so that the resulting exposure, interaction, and breaking down of barriers may contribute to a leveling of the playing field. As more female and minority law students make their way into the profession, it would be a travesty of justice if we did not see a significant and speedy increase in their representation on the bench.