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Behling, Dorothy UnsethFashions and body exposures: a quantitative measure
Master of Science, The Ohio State University, 1975, Family and Consumer Sciences Education

Committee:

Mary Lapitsky (Advisor)

Keywords:

Kroeber; Judges; FASHIONS; BODY EXPOSURES; Seventeen Fashion; Six Judges; 8.l

Gailliard, Kristin MichelleThe Relationship of a Performer’s Visual Communication to Evaluations of Music Performance Quality by Expert and Novice Judges
Master of Music (MM), Bowling Green State University, 2006, Music Education/Choral Music Education
The purpose of this study was to investigate the relationship of a performer’s visual communication (e.g., nonverbal communication, attractiveness, and facial expressions) to evaluators’ judgments of music performance quality. A secondary purpose was to investigate whether characteristics of the evaluators (e.g., expert vs. novice) would influence judgments of performance quality. The music evaluators consisted of music experts and novices drawn from college age students (163 undergraduates and 16 graduates) enrolled in music classes during Fall 2005. Experts were music students (N = 80) majoring in music performance and music education; novices were non-music students (N = 99) majoring in early childhood education. Experts judged technical proficiency to be higher under the casual condition when compared to the formal condition; novices judged technical proficiency to be lower under the casual condition when compared to the formal condition. Novices judged musical understanding more highly than expert judges, regardless of performance condition. The level of music experience of the judges may have affected their evaluations of the formal performance condition and may have created an expectation for higher accuracy in technical proficiency and musical understanding. From this finding, I concluded that music expert judges do take physical attractiveness, performing by memory, and nonverbal and verbal communication into consideration when evaluating performance quality and these are accompanied by higher expectations.

Committee:

Joyce Gromko (Advisor)

Subjects:

Music

Keywords:

MUSIC; PERFORMER; musical understanding; attractiveness; PERFORMANCE QUALITY; JUDGES

Budziak, JeffreyFungible Justice: The Use of Visiting Judges in the United States Courts of Appeals
Doctor of Philosophy, The Ohio State University, 2011, Political Science

This dissertation seeks to determine the consequences of the use of visiting judges in the United States Courts of Appeals. Judges nominated to serve in the lower federal judiciary are appointed to positions divided vertically between trial and appellate courts and horizontally between geographically defined regional circuits. Regularly, however, judges transcend these distinctions and provide judicial services in a structural level or geographic region to which they were not appointed. A substantial number of cases disposed of in the United States Courts of Appeals now make use of these “visiting judges”.

Court of appeals panels employing a visiting judge deviate from the court’s typical decision-making environment. I theorize that the use of these visitors will alter the behavior of court of appeals judges in ways currently unrecognized by existing theories of judicial behavior. Specifically, I hypothesize that the availability of visiting judges will lead some court of appeals judges to strategically pursue their most preferred legal policy. I also hypothesize that the presence of a visiting judge will affect the behavior of judges serving in the courts of appeals in ways consistent with psychological theories of small group behavior. To test these hypotheses, I perform three separate analyses. First, using data collected on the number of visits made in each regional circuit court of appeals from 1997 through 2009, I examine whether circuit chief judges strategically select visitors who share their policy preferences. Second, I examine the role of visiting judges in the decision-making process by analyzing their voting behavior in a sample of cases decided between 1997 and 2002. Third, I examine the normative consequences of the visiting judge process. Using citation patterns to measure judicial quality, I investigate whether cases decided using a visiting judge are cited differently than cases decided by panels that do not employ a visitor.

The results indicate that visiting judges induce both strategic and psychological group effects in the courts of appeals. Circuit chief judges are more likely to select visitors who share their policy preferences. While the presence of a visiting judge does not appear to change the voting behavior of court of appeals judges, cases decided by panels employing visitors are cited differently than cases decided by panels composed of three court of appeals judges. The results suggest that visiting judges should not be treated as fungible with court of appeals judges from their home circuit, and that their continued use has important implications for the development of legal policy in this level of the federal judiciary. The results also demonstrate the need for scholars to expand current theories of judicial behavior to properly incorporate insights gained from psychological theories of small group behavior, particularly when examining judicial behavior in the United States Courts of Appeals.

Committee:

Baum Lawrence, PhD (Committee Chair); Gregory Caldeira, PhD (Committee Member); Kathleen McGraw, PhD (Committee Member)

Subjects:

Political Science

Keywords:

Visiting Judges; Courts of Appeals; Judicial Decision-Making

Peterson, Julie Anne SeedsFrom the bar to the bench: judicial recruitment in Ohio
Doctor of Philosophy, The Ohio State University, 2004, Political Science
The selection of judges is a well researched area of judicial politics. However, there is a gap in the literature when it comes to explaining why some lawyers decide to seek judgeships and others do not. Some lawyers are born to be judges; they are arbitrators by nature and inclination or they have specific ideas about justice and how best to achieve it. Others may never have considered a career on the bench if not for the urging of friends, family, and party members. In contrast, there are lawyers who would love to be judges, who have the drive and ambition, but who, for whatever reason, never pursue the matter. However, not all lawyers who have an interest in serving choose to make the effort to achieve their ambitions. I would like to learn what encourages them and what deters them when they are deciding whether or not to make a run for office. The data for this study were gathered using a mail survey sent out to 1500 members of the Ohio legal community in June, 2002. The respondents were selected by random computer draw from the Ohio State Supreme Court’s lawyer registry, which lists all lawyers practicing in Ohio. The survey consisted of a single mailing with no follow-ups or reminders. Of the 1500 respondents, 655 individuals completed and returned the surveys and sixty two (about 4%) were returned as undeliverable. This gave a response rate of 43.67%. I have developed several hypotheses concerning the ways in which lawyers weigh the costs and benefits of running for judicial office. These hypotheses are divided into two basic categories dealing with internal motivations and politics. Variables of internal motivation are those that relate to career choices, job satisfaction, family life, age, and a lawyer’s current position. Political variables deal with the influence of politics on the lawyer’s choices, whether it is the political identification of the members of the lawyer’s community, the degree to which each person is politically active, or the degree to which his family was involved in politics.

Committee:

Lawrence Baum (Advisor)

Subjects:

Political Science, General

Keywords:

Ohio politics; state judges; judicial recruitment

Dunbar, Whitney LHearing a Child's Voice in Divorce: A Judge's Experience
Psy. D., Antioch University, 2015, Antioch Santa Barbara: Clinical Psychology
This dissertations goal was to describe the experiences of California Family Court judges incorporating the 2012 Elkin's Task Force recommendations, specifically Family Code section 3042. These recommendations have the potential to give the children of divorce a voice in the process of determining their future timeshare with their parents. Semi-structured interviews were conducted with family court judges that delved into their personal decision making process on whether and how they chose to interview children, what the judges listened for, how and if this information was used to decide on the child’s visitation and custody schedule. Through the study of the transcripts, themes presented that were studied for their applicability to answering the main research question: how judges discerned the need to include children in the decision making process of visitation schedules, and how they proceeded with the gathering of information from these children. The data collected was able to answer this question related to how judges choose to interact with minors in the family law courtrooms. The electronic version of this dissertation is available free at Ohiolink ETD Center www.ohiolink.edu/etd

Committee:

Steve Kadin, PhD, ABAP (Committee Chair); Marlene Valter, PsyD (Committee Member); Rebecca Gilda, PsyD (Committee Member); Robert Beilin, PhD (Other)

Subjects:

Law; Psychology

Keywords:

forensic; divorce; childs voice; judges opinion; family law; Elkins Task Force; case study visitation schedule; custody

Scott, Kevin MatthewDouble Agents: An Exploration of the Motivations of Court of Appeals Judges
Doctor of Philosophy, The Ohio State University, 2002, Political Science
Judges of the United States courts of appeals represent a unique class of American political actors. While their subordinate status to the Supreme Court might be expected to make them faithful agents of the Supreme Court, other components of their environment might be expected to counteract the pressure to execute the wishes of the Supreme Court. The broader question of the motivation of the court of appeals judges lies at the heart of this project. I argue that previous work on court of appeals judges has not devoted sufficient attention to the possible variety of goals of court of appeals judges and the means they use to accomplish those goals. Using reversal of court of appeals decisions by the Supreme Court, I subject to empirical test three competing explanations for the motivations of court of appeals judges. I argue that judges might consider policy goals or goals related to making good law. If they choose to follow policy goals, they may attempt to do so using sincere or strategic means. Looking at two different units of analysis, I test hypotheses designed to test for the presence of three types of behavior. I follow up by looking at the relationship between the Ninth Circuit Court of Appeals and the Supreme Court as an illustration of the potential implications of different types of behavior by court of appeals judges. My findings provide support for the argument that scholars should consider the possibility that court of appeals judges attempt to accomplish multiple goals and do so using multiple means. This suggests that a reexamination of the assumptions previously held by researchers who study the courts of appeals may want to be more explicit about the nature of their research and more careful when discussing the implications of their results.

Committee:

Lawrence Baum (Advisor)

Subjects:

Political Science, General

Keywords:

Judges; Judicial Behavior; Courts of Appeals

Williams, Margaret SusanWomen judges: accession at the state court level
Doctor of Philosophy, The Ohio State University, 2004, Political Science
While political science has conducted research studying judicial elections, little of this work has focused on how actors move from the pool of potential candidates to becoming a candidate for the judiciary. Like the congressional literature, a clearly defined pool of candidates can provide the researcher insight into a selection process occurring prior to the election itself. This research analyzes the process of becoming a state judge, but beyond knowing the process this research will identify the determinants of women’s representation on the judiciary. I posit three types of explanations for the statistical under-representation of women as judges and for variation in women’s representation. I use two studies to test these explanations. The first study analyzes the factors associated with the proportion of a state’s judges who are female. I find that the pool of women eligible to serve as judges and state selection systems help to explain variation across the states. The second study uses data from surveys of lawyers and judges in Texas to systematically analyze perceptions and experiences of seeking judgeships in that state, and thus to probe the alternative explanations. The survey analysis suggests that women’s presentation on state courts can be explained by the characteristics they possess and the perceptions of the judiciary they hold. Not only do their characteristics affect their likelihood of attaining a seat on a state bench but they also affect a woman’s ambition for the judiciary. The overwhelming conclusion is that while women attain seats at the same rate as their male counterparts, all else being equal, their perceptions of the judiciary as well as the characteristics they more often possess decrease their likelihood of running for the judiciary.

Committee:

Lawrence Baum (Advisor)

Subjects:

Political Science, General

Keywords:

Judges; Representation; Gender