Colloquium: Courts & Judicial Process

Room 113
Monday, April 8
10:00 a.m. (PT)

Diversity and Arbitration

Author: Andrea Cann Chaondrasekher (UC Davis)
Commentator: Judge Jeremy Fogel (BJI, UC Berkeley)

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.

This paper contributes to the literature by using an originally-collected data set of arbitrator race, ethnicity and gender from the two largest arbitration firms in the U.S., Judicial Arbitration and Mediation Services (“JAMS”) and the American Arbitration Association (“AAA”). The data were collected using public data sources and cutting-edge machine learning techniques. This is the first-ever scholarly effort to empirically estimate the race and ethnicity of arbitrators for both the JAMS and AAA populations. The analysis presents estimates of the demographic profile of the supply of U.S. arbitrators and the demographic profile of the subset of arbitrators that are actually selected to arbitrate—with a special focus on the extent to which under-selection is happening.

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.


Date Topic Speakers
January 29 Judicial Ethics

Author: Veronica Root Martinez (Duke)

Commentator: Judge Deanell Tacha (10th Cir.)

February 12 Supreme Court Docket Selection

Author: Tejas Narechania (UC Berkeley)

Commentator: Justice Leondra Krueger (Calif. Sup. Ct)

March 4 Transparency in Judicial Proceedings

Author: Damon Cann & Gregg Goelzhauser (Utah State)

Commentator: Judge Edward Chen (N.D. Cal.)

March 18 Diversity and Arbitration

Author: Andrea Cann Chandrasekher (UC Davis)

Commentator: Judge Jeremy Fogel (ret.) (UC Berkeley & N.D. Cal. (ret.))

April 8 Standing

Author: Thomas P. Schmidt (Columbia)

Commentator: Judge William Fletcher (9th Cir.)

April 22 Race and Procedure

Author: Portia Pedro (Boston Univ)

Commentator: Judge Campbell (D. Ariz.)