| Author | Title | Citation | Summary | Year |
| Judith Resnik |
On the Bias: Feminist Reconsiderations of the Aspirations for Our Judges |
61 Southern California Law Review 1877 (September, 1988) |
L1-2Introduction: A Dialogue Between Traditions 1879. I. The Received Tradition. 1881 II. The Far More Complex Reality. 1887 A. The Realities of the Rules. 1887 1. The Practice of Disqualification: Who Determines Who Shall Judge. 1887 2. The Rule of Necessity: In Theory, Not a Share of Stock; In Practice, One's Entire Salary. 1890 3. Timing Is... |
1988 |
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Vi. Racial Bias and Prosecutorial Conduct at Trial |
101 Harvard Law Review 1588 (May, 1988) |
One of the most visible ways in which racial prejudice can enter the criminal process is through the manner in which the prosecutor presents her case at trial. The background legal standard is a simple one: the prosecutor may not appeal to racial prejudice during the course of her argument or presentation of a case. To do so would violate the... |
1988 |
| Captain Bernard P. Ingold, Defense Appellate Division |
Discovering and Removing the Biased Court Member |
1986-JAN Army Lawyer 32 (January, 1986) |
One of the paramount responsibilities of the defense counsel is to implement his or her client's right to be tried by an impartial panel. To effectively discharge this responsibility, counsel must obtain information about prospective court members' attitudes and beliefs, and exercise sound judgment in making challenges. The purpose of this article... |
1986 |
| Robert G. Bagnall, Patrick C. Gallagher, Joni L. Goldstein |
Burdens on Gay Litigants and Bias in the Court System: Homosexual Panic, Child Custody, and Anonymous Parties |
19 Harvard Civil Rights-Civil Liberties Law Review 497 (Summer, 1984) |
Despite the influence of the gay rights movement in recent years, few would deny that there remains much hostility toward gays in our society. Much of this hostility stems from widespread ignorance. Gays, unlike other minorities, are able to conceal their distinguishing characteristic from others, and often choose to do so because of the animosity... |
1984 |
| Debra A. Stegura |
The Biases of Customers in a Host Country as a Bona Fide Occupational Qualification: Fernandez V. Wynn Oil Co. |
57 Southern California Law Review 335 (January, 1984) |
The United States Court of Appeals for the Ninth Circuit stated in Fernandez v. Wynn Oil Co. that under Title VII of the Civil Rights Act of 1964, the preferences of customers in a foreign country to deal with male business representatives do not justify a domestic corporation's refusal to hire women for those positions. Before that statement, no... |
1984 |
| Nancy Lewis Alvarez |
Racial Bias and the Right to an Impartial Jury: a Standard for Allowing Voirdire Inquiry |
33 Hastings Law Journal 959 (March, 1982) |
The goal of juror impartiality embraced by the sixth amendment is not easily defined or achieved because most individuals hold prejudices that obstruct their ability to render a fair and impartial judgment. These prejudices may be characterized as either actual bias, based on a reaction to a specific circumstance, or bias implied by law, arising... |
1982 |
| Hans Zeisel |
Race Bias in the Administration of the Death Penalty: the Florida Experience |
95 Harvard Law Review 456 (December, 1981) |
TWICE in the past fifteen years, federal courts of appeals have been urged to reverse death sentences on the ground that the death penalty was administered along racially discriminatory lines. The first time, in Maxwell v. Bishop, a petitioner submitted data to show discrimination against black offenders. The second time, in Spinkellink v.... |
1981 |
| David Kaye |
Searching for Truth about Testing |
90 Yale Law Journal 431 (December, 1980) |
Irma: People always ring the doorbell when I cannot hear it because I am wearing stereo headphones. Maude: You must be able to hear it; otherwise you could not tell anyone was ringing it. Maude's response shows that she had assumed that (A) the doorbell does not ring when Irma is wearing headphones (B) Irma's visitors never ring the doorbell unless... |
1980 |
| Mary Pearl Williams |
Partial Justice: a Study of Bias in Sentencing |
53 Texas Law Review 1369 (August, 1975) |
As its subtitle declares, Dr. Gaylin's book studies bias in sentencing. The author is a practicing psychoanalyst, professor of law and psychiatry at Columbia Law School, and President of the Institute of Society, Ethics, and Life Sciences, Hastings-on-Hudson, New York. His credentials make him well-qualified to conduct the kind of investigation... |
1975 |
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Supreme Court Declines to Consider Whether Due Process Requires Impartial Grand Juries on Record Presenting Speculative Evidence of Bias |
111 University of Pennsylvania Law Review 1000 (May, 1963) |
Acting upon information uncovered by the McClellan Committee's labor racketeering hearings of 1957, the State of Washington convened a special grand jury to investigate David D. Beck. After the return of an indictment charging grand larceny, Beck moved to dismiss the bill on the ground that the impaneling judge had failed to examine the prospective... |
1963 |
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Bias-based Cyberbullying: The next Hate Crime Frontier? |
49 Criminal Law Bulletin ART 3 (No Date) |
Associate Professor, Department of Justice Studies, Montclair State University. |
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Dehumanization and Implicit Bias: Why Courts Should Preclude References to Animal Imagery in Criminal Trials |
51 Criminal Law Bulletin ART 4 (No Date) |
Law clerk to the Honorable Francis M. Allegra of the United States Court of Federal Claims. J.D., University of California, Berkeley, School of Law (2014). Special thanks to Professor Mary Louise Frampton and to Allison Elgart for their invaluable advice and mentoring throughout my writing process; to James Robertson for his hard work and... |
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