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Law & Social Psychology . Overview. Law & Social Psychology A Social Psychological Study of Ashcroft v. Iqbal ’s Effect on Claims of Race Discrimination. The Research Paradigm Law & Social Psychology. - PowerPoint PPT Presentation
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Professor Victor D. QuintanillaIndiana University, Maurer School of Law
May 23, 2013
Law & Social Psychology
May 23, 2013Law & Social Psychology
Overview• Law & Social Psychology • A Social Psychological Study
of Ashcroft v. Iqbal’s Effect on Claims of Race Discrimination
May 23, 2013Law & Social Psychology
• Draws on theory and methods from social psychology to understand jurisprudence and legal decision-making
• Evaluates assumptions about human nature embedded within law
• Draws on multiple methods: empirical legal studies & experiments
The Research ParadigmLaw & Social Psychology
May 23, 2013Law & Social Psychology
A Social Psychological Study Of Iqbal’s Effect On Claims of Race Discrimination
May 23, 2013Law & Social Psychology
Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009).
• Pleading standards under Rule 8(a)
• Federal courts now evaluate whether a complaint contains sufficient factual matter “to state a claim to relief that is plausible on its face”
• Plausible? Draw on “judicial experience and common sense” before evidence gathered
• Applies to all claims, including claims of race discrimination
May 23, 2013Law & Social Psychology
The Research Problem: Claims of Race Discrimination
Can judges draw on “common sense” to decide whether Black plaintiffs’ claims of race discrimination are
plausible without the subtle effect of stereotypes and implicit bias?
Has the dismissal rate increased for
Black plaintiffs’ claims of race discrimination?
Do White and Black judges decide these claims differently?
May 23, 2013Law & Social Psychology
Informed by Social Psychological Theories:Aversive Racism
Lay Theories of Racism
May 23, 2013Law & Social Psychology
Aversive Racism
• Old fashion vs. contemporary prejudice
• Explicitly endorse egalitarian beliefs
• But hold negative attitudes that are unintentional, subtle, indirect, “rational” (implicit bias)
• In ambiguous situations, with unclear norms, where rationalization is possible, biases may appear.
May 23, 2013Law & Social Psychology
Lay Theories of Racism
Two lay theories of racism
1. Overt behaviors, not Subtle behaviors
2. Overt behaviors, and Subtle behaviors
How observers interpret whether a stereotyped group member was the victim of racism or discrimination.
May 23, 2013Law & Social Psychology
HypothesesShifting from Conley to Iqbal:
1. Increase dismissal rate for Black plaintiffs’ claims of race discrimination
2. Under Conley White and Black judges decide claims similarly. After Iqbal, they decide claims differently.
May 23, 2013Law & Social Psychology
The Context of This Study
• A Black employee sues an employer under Title VII (or Section 1981) claiming race discrimination or harassment.
• The plaintiff properly exhausts the claim with the EEOC and timely files suit.
• At the pleadings stage, the issue is whether, under Rule 8(a), the Black employee sufficiently pleaded a claim of race discrimination.
May 23, 2013Law & Social Psychology
Research Design and Method: Data Collection
(i) Published and unpublished decisions available on Westlaw
(ii) 24-months before Twombly and 24-months after Iqbal
(iii) Black plaintiffs’ timely filed and properly exhausted claims of race discrimination under Title VII (or Section 1981)
(iv) Federal district court cases deciding motions to dismiss for failure to state a claim under Rule 8
May 23, 2013Law & Social Psychology
Research Design and Method:Coding and Analysis
Coded Independent Variables – Pre- vs. Post-Iqbal– Pro se vs. Represented party– Race of Judge (Black vs. White vs. Other)
Coded Dependent Variable – Decision: Grant, Deny, Mixed
May 23, 2013Law & Social Psychology
Results
Figure 1
Has Iqbal increased the dismissal rate for Black plaintiffs’ claims of race discrimination?
Figure 2
Under Conley did White and Black judges decide motions to dismiss similarly?
Figure 3
Under Iqbal are White and Black judges deciding motions to dismiss differently?
May 23, 2013Law & Social Psychology
15Figure 1: Has Iqbal increased the dismissal rate for Black plaintiffs’ claims of race discrimination?
Grant Deny Mixed0
10
20
30
40
50
60
70
80
23.20
73.70
3.00
53.20
38.90
7.90
ConleyIqbal
May 23, 2013Law & Social Psychology
Figure 2: Under Conley Did White and Black Judges Decide Motions to Dismiss Differently?
Grant Deny Mixed0
10
20
30
40
50
60
70
80
21.5
74.7
3.8
30.8
69.2
0
WhiteBlack
May 23, 2013Law & Social Psychology
Grant Deny Mixed0
10
20
30
40
50
60 57.1
36.2
6.7
26.1
56.5
17.4
WhiteBlack
Figure 3: Under Iqbal Are White and Black Judges Deciding Motions to Dismiss Differently?
May 23, 2013Law & Social Psychology
Results in Context How the increase compares to the increased grant rate in other federal actions.
All Fed-eral
Claims
All Ti-tle VII Claims
Black Plain-tiffs'
Claims
0
10
20
30
40
50
60
70
80
4642
23.2
56 53 53.2
ConleyIqbal
Grant Rate
Source: Patricia W. Hatamyar, The Tao Of Pleading: Do Twombly and Iqbal Matter Empirically?, 59 Am. U. L. Rev. 553 (2010).
May 23, 2013Law & Social Psychology
1) Increased dismissal rate for Black plaintiffs’ claims of race discrimination
2) White and Black judges decided these claims similarly under Conley, yet under Iqbal White and Black judges are deciding these claims differently
SummaryShifting from Conley to Iqbal:
May 23, 2013Law & Social Psychology
Future Directions
• Examine summary judgment rates
• Experiments--examine causality
• Collaboration with Miguel Unzuetta & Benjamin Everly (social dominance orientation, implicit bias, lay theories, pleading rules and Iqbal)
• Collaboration with Brenda Major & Cheryl Kaiser (diversity structures and Iqbal)
May 23, 2013Law & Social Psychology
21Figure 4: Has Iqbal decreased the summary judgment grant rate for Black plaintiffs’ claims of race discrimination?
Grant Deny Mixed0
10
20
30
40
50
60
70
80 75.86
13.7917.24
65.63
21.88
12.5
ConleyIqbal
May 23, 2013Law & Social Psychology
Robin West Georgetown University
Vicki JacksonHarvard Law School
Mary Murphy Indiana University
Jessica Salerno Arizona State University
Jennifer LaCosseFlorida State University
Mind and Identity in Context Lab
Indiana University
Many Thanks…
Professor Victor D. QuintanillaIndiana University, Maurer School of Law
May 23, 2013
Thank you!
Law & Social Psychology
Professor Victor D. QuintanillaIndiana University, Maurer School of Law
May 23, 2013
Thank you!
Law & Social Psychology
May 23, 2013Law & Social Psychology
Figure 5: Has Iqbal increased the dismissal rate with prejudice for Black plaintiffs’ claims of race discrimination?
Deny74%
Grant with leave6%
Grant with prejudice
17%
Grant & Deny3%
Deny39%
Grant with leave12%
Grant with prejudice
42%
Grant & Deny8%
Conley Iqbal
May 23, 2013Law & Social Psychology
The Social Psychology of Judging
Whether born from experience or inherent physiological or cultural differences . . . our gender and national origins may and will make a difference in our judging. Justice O'Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases.
I am not so sure Justice O'Connor is the author of that line . . . I am also not so sure that I agree with the statement.
May 23, 2013Law & Social Psychology
Law & Social Psychology
The Research ParadigmCritical Race Empiricism
Critical Race Empiricism
May 23, 2013Law & Social Psychology
Why Law & Social Psychology?• Law is more than rules, it’s how
judges, juries, prosecutors, lawyers, and officials make decisions
• Interventions to improve legal decision-making
• Social psychology can be harnessed to improve law
