Courts & Judicial Process: Standing

Session 5: Diversity and Arbitration
Author: Andrea Cann Chaondrasekher (UC Davis)
Commentator: Judge Jeremy Fogel (BJI, UC Berkeley)

Room 113
April 8, 2024
10:00 am (PT)
Organized by Prof. Tejas Narechania & Judge Jeremy Fogel (ret.)

Abstract
“An Empirical Investigation of Arbitrator Race and Gender in the U.S. Arbitration” by Prof. Andrea Cann Chandrasekher

Scholars in the field have argued back and forth about the root of the diversity problem. Is it a labor supply problem? In other words, are parties to arbitration open to hiring marginalized arbitrators but there are just not enough to choose from? Or is it a labor demand problem? In other words, when women and arbitrators of color are available, are they chosen at rates consistent with their white male counterparts? Or, are both supply and demand problems at work? Because much of the scholarly diversity conversation has been based on anecdotal information and survey data which don’t cover the full population of U.S. arbitrators, these basic questions are still unanswered.

Colloquium Description

Many scholars write about the courts, about judicial process, and about the practice of judging. But what do judges think of this scholarship? Is it correct? Is it helpful? How could it be better? This colloquium on courts and judicial process brings scholars, judges, students, and faculty together to discuss current research projects about courts, judging, and procedure, among other topics. Over the course of the semester, we will discuss six projects. During a typical workshop, an invited scholar will present their work, and a judge of a federal, state, or foreign court will offer commentary on the research. Students and faculty will join in the open discussion that follows.

Full Colloquium Calendar Schedule: