tag:blogger.com,1999:blog-1194375569044391746.post1075703416913388323..comments2024-03-29T02:00:55.623-04:00Comments on Corporate Justice Blog: Holding Big Business Accountable: Judge Sotomayor, Empathy and Judicial Decision MakingSteven Ramirezhttp://www.blogger.com/profile/16741346526253732489noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-1194375569044391746.post-9503198001850493462010-04-18T02:01:54.819-04:002010-04-18T02:01:54.819-04:00I think most legislators forget two statements tha...I think most legislators forget two statements that are referred to throughout the law. The impartial jury which is more commonly referred to as 'a jury of your peers'. A jury of your peers because you want them to bring their personal experiences. I also think they forget the 'reasonable person' standard. These statements are repetitive throughout the law because it brings into play personal experiences.Mohammednoreply@blogger.comtag:blogger.com,1999:blog-1194375569044391746.post-85467571455962888522009-07-27T23:24:54.744-04:002009-07-27T23:24:54.744-04:00Thank you for your post Professor Wade,
I agree w...Thank you for your post Professor Wade,<br /><br />I agree with your concerns!<br /> <br />During the confirmation hearings, Republicans were forced to focus primarily on Judge Sotomayor's speeches rather than her legal rulings because she has largely followed precedent in her career.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1194375569044391746.post-3891783390432675452009-07-24T10:34:45.566-04:002009-07-24T10:34:45.566-04:00Yes, JDC and Prof Burch and Anne, I agree that a h...Yes, JDC and Prof Burch and Anne, I agree that a heated debate about the myopia of her questioners may have threatened Judge Sotomayor's confirmation. But, I wonder whether she would have risked her confirmation by simply saying that women and people of color are not the only people who bring perspective and experience to their decision making. She could have said that every judge, regardless of race and gender must attempt to set aside biases, etc. She said something like this in her speeches. <br /> dre's comment about the "tin ear" that many in power have may mean that the Judge's retreat was necessary. If she had said anything - even the most uncontroversial statement may not have been heard. But, someone paying attention to the hearings would have heard it. I still think she missed an opportunity - a "teachable" moment that could have happened without confrontation or "heat" as Prof Burch put it.Cheryl L. Wadehttps://www.blogger.com/profile/08182167772552050045noreply@blogger.comtag:blogger.com,1999:blog-1194375569044391746.post-68494644999302166652009-07-24T07:20:36.218-04:002009-07-24T07:20:36.218-04:00Thank you for your posting Professor Wade.
Through...Thank you for your posting Professor Wade.<br />Throughout the hearings, I too was eager to hear discussion of how the life experiences of white males have obviously influenced decisions made by white male judges. Instead, I heard only back peddling by Judge Sotomayor from her now infamous statement about a "wise latina" judge.<br />Republicans seem to have successfully made "empathy" a dirty word.<br />I'm not sure that a confirmation hearing, however, is really the place for philosophical debate. The hearing seems to be an elaborate, high-stakes game of "gotcha", not a truth seeking forum.Annenoreply@blogger.comtag:blogger.com,1999:blog-1194375569044391746.post-67763465942266732232009-07-24T06:48:00.512-04:002009-07-24T06:48:00.512-04:00i think the comments by cheryl and anonymous are d...i think the comments by cheryl and anonymous are directly on point in connecting white privilege with the sotomayor hearings discourse and the executive compensation issues that have arisen ever since the meltdown. it is as if the executives at the struggling or failed banks have a tin ear and cannot hear what main street is screaming.<br /><br />main street continues to struggle. unemployment numbers are frightening. corporate executives continue to strain to provide bonuses and "business as usual" compensation. it is really breathtaking to watch.dré cummingshttps://www.blogger.com/profile/13427038538259417962noreply@blogger.comtag:blogger.com,1999:blog-1194375569044391746.post-49102195485661792162009-07-23T20:30:02.385-04:002009-07-23T20:30:02.385-04:00I agree with JDC's comment. Would it have bee...I agree with JDC's comment. Would it have been wise for Judge Sotomayor to have said more at the hearings about the roles of emotion and values in judicial decisionmaking? She acknowledged that life experiences have influence on people—even judges—when they are making decisions. But for Judge Sotomayor to take that idea to its logical conclusion and debate the implications of Senator Sessions’ line of questioning would have generated heat—and I am not sure it would have generated light.Prof. Burchhttps://www.blogger.com/profile/05962905080018373258noreply@blogger.comtag:blogger.com,1999:blog-1194375569044391746.post-47346008992677204492009-07-23T20:24:48.853-04:002009-07-23T20:24:48.853-04:00Professor Wade,
I too was troubled by how Sotomay...Professor Wade,<br /><br />I too was troubled by how Sotomayor chose to respond to the questions regarding her speeches and the narrow-mindedness of the individuals who posed such questions in the first place. But even though the point of debate or concern was and unnecessary and obvious one - of course we are all influenced and shaped by our life experiences - there seemed to be something missing.<br /><br />"Race, Class, and Gender" - this in Cultural Studies is what some often refer to as the mantra - the three areas within Cultural Studies that are most often examined. The fact that class was most often absent from the lines of questioning directed at Judge Sotomayor was interesting because had that third component of the mantra come into play, then the issues of empathy related to life experiece could have more easily been turned to the other (read: white and male) justices. The carefully chosen diction was an interesting tactic. Then again, that is what the hearings happen to be about - asking provocative questions in hopes of throwing the person being examined off of their carefully crafted answers.<br /><br />I do hope that once Sotomayor is approved and serving on the Supreme Court some of the language games will end. Hopefully she will feel secure enough in her position on the bench to hold fast to the ideas she expressed in her speeches about the effects of life experiences on judicial decision making.Rachelhttps://www.blogger.com/profile/14309936425387683963noreply@blogger.comtag:blogger.com,1999:blog-1194375569044391746.post-41826969424331155852009-07-23T19:04:53.347-04:002009-07-23T19:04:53.347-04:00Dear anonymnous,
Excellent question about what the...Dear anonymnous,<br />Excellent question about what the judge will do when she gets her first case relating to corporate greed. I think she'll do her best to be fair. I only hope that she will not be overly concerned about being perceived as biased in favor of a plaintiff who may be of color, female, or working class. And, you're so right about the executive compensation scandal and white privilege.Cheryl L. Wadehttps://www.blogger.com/profile/08182167772552050045noreply@blogger.comtag:blogger.com,1999:blog-1194375569044391746.post-46458490705261105652009-07-23T16:11:31.168-04:002009-07-23T16:11:31.168-04:00professor wade: i could not agree more with your ...professor wade: i could not agree more with your assessment that white male judges are completely motivated by their own life experience (often one of great privilege). i too was frustrated by the line of questioning that seemed to go unchallenged that only minorities are at risk for allowing life experience to influence their decision making.<br /><br />in truth, the executive compensation "scandal" that has again reared its head in today's news is evidence of this white privilege. in the face of bailouts, trillion dollar deficits and abysmal decision making that led us into this global crisis, we have goldman sachs and morgan stanley setting aside billions for executive compensation for their executives that have simply ridden a captial markets bump from devastating lows. they are blinded by their privilege, as are so many white male judges.<br /><br />professor wade, what do you think the outcome will be when judge sotomayor is faced with her first case that impacts hard working Americans and corporate executive decision making driven by greed?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1194375569044391746.post-29455790888699531812009-07-23T10:23:55.457-04:002009-07-23T10:23:55.457-04:00I certainly agree with the writer’s insight and co...I certainly agree with the writer’s insight and concerns. My hope is that Judge Sotomayor’s remarks during the hearings, which have been accurately categorized as a retreat, were based on her desire for a successful and expedient conclusion to the nomination process. Given her previous comments and rulings, once on the Supreme Court, she should have the confidence to rule as a Latina women who grew up in a Bronx housing project, lost a father at the age of nine, was raised by her widowed mother and struggled to help care for a younger brother. We can only wait to see.JDChttp://aol.comnoreply@blogger.com