| Author | Title | Citation | Summary | Year |
| Robert I. Correales |
Is Peña-rodriguez V. Colorado Just a Drop in the Bucket or a Catalyst for Improving a Jury System Still Plagued by Racial Bias, and Still Badly in Need of Repairs? |
21 Harvard Latinx Law Review 1 (Spring, 2018) |
Historically, race-based jury bias has maintained the most prominent place in the hierarchy of social ills that have plagued the American Criminal Justice System. Relying on Due Process and Equal Protection principles, the United States Supreme Court and lower federal courts have chipped away at the problem with mixed results. State Courts have... |
2018 |
| Ashley Badesch |
Lady Justice: the Ethical Considerations and Impacts of Gender-bias and Sexual Harassment in the Legal Profession on Equal Access to Justice for Women |
31 Georgetown Journal of Legal Ethics 497 (Fall, 2018) |
Over twenty-five years ago, the American Bar Association (ABA) adopted a recommendation resolving to take action on the problem of sexual harassment in the workplace and legal profession. The report, compiled by the ABA Commission on Women in the Profession, was released in the wake of Anita Hill's testimony during the Supreme Court confirmation... |
2018 |
| Kristina M. Lagasse |
Language, Gender, and Louisiana Law: Removing Gender Bias from the Louisiana Civil Code |
64 Loyola Law Review 187 (Spring, 2018) |
I. INTRODUCTION. 187 II. THE GRAMMATICAL GENDER DICHOTOMY IN THE ENGLISH LANGUAGE. 190 A. Linguistic Prescriptivism: The Masculine Rule. 191 B. Replacing the Masculine Rule with Gender-Neutral Language. 193 III. CONVENTIONS ON STYLE: GENDER-NEUTRAL PRINCIPLES AS AN EMERGING STANDARD AMONG THE STATES. 199 A. Gender-Neutral Language Guidelines in... |
2018 |
| Megan Quattlebaum |
Let's Get Real: Behavioral Realism, Implicit Bias, and the Reasonable Police Officer |
14 Stanford Journal of Civil Rights & Civil Liberties 1 (February, 2018) |
Constitutional law is not particularly sophisticated about bias, and so it is not very good at protecting people from it. This is nowhere more evident than in the Supreme Court's jurisprudence around racial profiling. The Supreme Court has conceptualized racial profiling as something only bad police officers do; it has equated bad stops with bad... |
2018 |
| Loretta A. Moore, Ph.D. , Candis Pizzetta, Ph.D. , Angela Mae Kupenda, J.D. , Evelyn J. Leggette, Ph.D. |
Normalizing the Recognition of Implicit Bias as a Precursor to Normalizing Blackness: the Jsu Advance Implicit Bias Think Tank--mitigating Implicit Bias Against Black Female Faculty in Stem at Hbcus in the Deep South, and Other Groups More Broadly |
12 Southern Journal of Policy and Justice 3 (Fall, 2018) |
Blackness is routinely considered as being outside the norm of America and more specifically, outside the norm of whiteness. As a result, blackness is feared, despised, scrutinized, and underrated--to use just a few verbs. Some bias against blackness was quite overt in the past. In today's America, overt and state sanctioned bias is regarded as... |
2018 |
| Diana R. Donahoe |
Not-so-great Expectations: Implicit Racial Bias in the Supreme Court's Consent to Search Doctrine |
55 American Criminal Law Review 619 (Summer, 2018) |
The Supreme Court's creation of the social expectation doctrine in third-party consent to search cases, where it equated a police officer demanding entrance to a suspect's home with a house call from a social visitor, is emblematic of the implicit bias that pervades the United States criminal justice system. This perception of friendly officers... |
2018 |
| Kristyn A. Jones , William E. Crozier, Deryn Strange , John Jay College of Criminal Justice and The Graduate Center of the City University of New York, John Jay College of Criminal Justice of the City University of New York |
Objectivity Is a Myth for You but Not for Me or Police: a Bias Blind Spot for Viewing and Remembering Criminal Events |
24 Psychology, Public Policy, and Law 259 (May, 2018) |
Now more than ever, people have access to police footage, yet people still disagree about what some footage depicts. This is not surprising given that research on attention, perception, and memory demonstrates that motivations, biases, and context shape what people see and remember. However, we do not know whether people are attuned to the fact... |
2018 |
| Natalie A. Spiess |
Peña-rodriguez V. Colorado: a Critical, but Incomplete, Step in the Never-ending War on Racial Bias |
95 Denver Law Review 809 (Spring, 2018) |
The realization of America's oft-cited promise of equality and justice for all has long been inhibited by the pervasive racism that permeates all aspects of American life. For centuries, courts and legislatures have worked to eliminate racial bias and its crippling effects from the nation's laws and courts. However, one place where racial bias has... |
2018 |
| Gregory S. Parks |
Race, Cognitive Biases, and the Power of Law Student Teaching Evaluations |
51 U.C. Davis Law Review 1039 (February, 2018) |
Decades of research shows that students' professor evaluations are influenced by factors well-beyond how knowledgeable the professor was or how effectively they taught. Among those factors is race. While some students' evaluative judgments of professors of color may be motivated by express racial animus, it is doubtful that such is the dominant... |
2018 |
| M. Eve Hanan |
Remorse Bias |
83 Missouri Law Review 301 (Spring, 2018) |
C1-2Table of Contents I. Introduction. 302 II. Judging Remorse. 310 A. The Debated Relevance of Remorse. 310 B. How Remorse Affects Sentencing. 313 C. Assessing Remorse and Extrapolating Character. 316 1. Remorse in the Face of Punishment. 317 2. Authenticity in the Courtroom. 318 3. Variances in Nonverbal Behavior. 320 4. Required Content: What We... |
2018 |
| Chris Chambers Goodman |
Shadowing the Bar: Attorneys' Own Implicit Bias |
28 Berkeley La Raza Law Journal 18 (2018) |
Everything we see, is a shadow of that which we do not see. Martin Luther King, Jr. INTRODUCTION. 18 PART ONE: IMPLICIT BIAS RESEARCH. 19 A. Identifying Bias. 19 B. The Stereotypic Association Between African Americans and Violence. 21 C. The Stereotypic Association Between African Americans and Crime. 23 D. Critiquing Implicit Bias. 25 E. The... |
2018 |
| Michele N. Struffolino |
The Devil You Don't Know: Implicit Bias Keeps Women in Their Place |
38 Pace Law Review 260 (Spring, 2018) |
I. Introduction. 261 II. Implicit Bias Becomes the Focus of Discrimination Disclosure. 265 A. Implicit Social Cognition Theory. 266 B. The Implicit Association Test. 270 C. The Effects of Implicit Bias in the Legal System. 272 III. Gender Bias Affects Every Day Life. 275 A. Lessons Learned from Finding of Gender Bias in the Workplace. 276 B. The... |
2018 |
| Cheyne R. Scott |
The Evolution of Diversity Training and Impact of Unconscious Bias on the Legal Profession |
313-AUG New Jersey Lawyer, the Magazine 23 (August, 2018) |
An estimated $10 billion per year is being spent on diversity training in workplaces around the country. Many high-profile discrimination lawsuits are settled with a requirement that the company impose diversity or sensitivity training. Apparently, according to a 1997 article in Forbes magazine, these requirements led to money making opportunities... |
2018 |
| Natalie Salmanowitz , Stanford Program in Neuroscience and Society, Stanford Law School, Stanford, CA, 94305, USA, Corresponding author. E-mail: nsalmanowitz@jd19.law.harvard.edu |
The Impact of Virtual Reality on Implicit Racial Bias and Mock Legal Decisions |
5 Journal of Law & the Biosciences 174 (April, 2018) |
Implicit racial biases are one of the most vexing problems facing current society. These split-second judgments are not only widely prevalent, but also are notoriously difficult to overcome. Perhaps most concerning, implicit racial biases can have consequential impacts on decisions in the courtroom, where scholars have been unable to provide a... |
2018 |
| Tryon P. Woods |
The Implicit Bias of Implicit Bias Theory |
10 Drexel Law Review 631 (2018) |
Legal liberalism, as well as critical race theory, has examined issues of race, racism, and equality by focusing on the exclusion and marginalization of those subjects and bodies marked as different and/or inferior. The disadvantage of this approach is that the proposed remedies and correctives to the problem-- inclusion, protection, and greater... |
2018 |
| Sherri Lee Keene |
The Influence of Implicit Racial Bias in Police Stops |
35 No. 3 GPSolo 70 (May/June, 2018) |
In the criminal courtroom, race can often feel like the elephant in the room. Yet, for a criminal defense attorney, the inability to discuss how race may have impacted a defendant's case can result in missed opportunities to advocate effectively on behalf of the client. Discussions of race can be limited in the courtroom for a number of reasons,... |
2018 |
| Janyl Relling Smith |
The Legacy of Slavery, Cognitive Shortcuts, and Biased News: the Mass Media's Vilification of Black Males and the Resulting "Reasonableness" of Excessive Force by Law Enforcement |
8 University of Miami Race & Social Justice Law Review 23 (Summer, 2018) |
I. Introduction. 24 II. Early Vilification, Policing the Outgroup, and Stifling Assimilation: A Brief Historical Look at Institutionalized Racism. 29 A. Law, Procedure, Early Policing, and Legal Sentiments of the High Court: Systems and Institutions as They Related to Blacks in an Antebellum America. 30 1. Slave Codes. 30 2. Fear and Subsequent... |
2018 |
| P. Jeffrey Brantingham |
The Logic of Data Bias and its Impact on Place-based Predictive Policing |
15 Ohio State Journal of Criminal Law 473 (Spring, 2018) |
Predictive policing refers to a three-part process: (1) data of one or more type are ingested; (2) algorithmic methods use ingested data to forecast the occurrence of crime in some domain of interest; and (3) police use forecasts to inform strategic and tactical decisions in the field. A primary goal of predictive policing is to reduce uncertainty... |
2018 |
| Michael Selmi |
The Paradox of Implicit Bias and a Plea for a New Narrative |
50 Arizona State Law Journal 193 (Spring, 2018) |
Over the last decade, implicit bias has emerged as the primary explanation for contemporary discrimination. The idea behind the concept of implicit bias, which is closely connected to the well-known Implicit Association Test (IAT), is that many people are unaware of the biases that influence their actions and can engage in discriminatory acts... |
2018 |
| Terrence W. McCarthy |
The Racial Bias Exception to the General Rule That Precludes Jurors from Offering Testimony to Impeach Their Own Verdict |
42 American Journal of Trial Advocacy Advoc. 1 (Fall, 2018) |
The no-impeachment rule generally provides that a juror may not testify about statements made during jury deliberations if the statement is offered to challenge the validity of a verdict or indictment. This longstanding rule has roots dating back to English common law and the rule is codified in Rule 606(b) of both the Federal and Alabama Rules... |
2018 |
| Lorena Espino-Piepp |
The Violence Against Women Act, Implicit Bias, and Judicial Training |
24 Cardozo Journal of Equal Rights & Social Justice 347 (Spring, 2018) |
C1-2TABLE OF CONTENTS TABLE OF CONTENTS. 347 INTRODUCTION. 348 I. HISTORY OF VAWA, IMMIGRATION LAWS, AND THE FAMILY COURT. 350 A. The Violence Against Women Act. 351 B. Domestic Violence and Latina Immigrant Women. 352 C. Immigration Laws and Domestic Violence. 353 D. VAWA's Response to the Specific Problems Faced by Immigrant Women in Accessing... |
2018 |
| Samia E. McCall |
Thinking Outside of the Race Boxes: a Two-pronged Approach to Further Diversity and Decrease Bias |
2018 Brigham Young University Education and Law Journal 23 (2018) |
Diverse perspectives and experiences are central to academic quality because they expand creative thought and analysis, test unexamined assumptions, challenge accepted truths, and broaden understanding of ourselves and our world .. - Reverend Paul L. Locatelli In spite of increases in diversity across university campuses nationwide, American... |
2018 |
| Mario L. Barnes, Erwin Chemerinsky |
What Can Brown Do for You?: Addressing Mccleskey V. Kemp as a Flawed Standard for Measuring the Constitutionally Significant Risk of Race Bias |
112 Northwestern University Law Review 1293 (2018) |
Abstract--This Essay asserts that in McCleskey v. Kemp, the Supreme Court created a problematic standard for the evidence of race bias necessary to uphold an equal protection claim under the Fourteenth Amendment of the U.S. Constitution. First, the Court's opinion reinforced the cramped understanding that constitutional claims require evidence of... |
2018 |
| Dallan F. Flake |
When Should Employers Be Liable for Factoring Biased Customer Feedback into Employment Decisions? |
102 Minnesota Law Review 2169 (May, 2018) |
Following a checkup at the local medical clinic, Mark stops by the reception desk to fill out an anonymous survey about his visit in exchange for ten dollars off his bill. Mark skims the questionnaire, rates his doctor, Melanie Flowers, mostly threes (out of five), and is on his way. When the clinic is forced to lay off one of its doctors two... |
2018 |
| Jody Armour |
Where Bias Lives in the Criminal Law and its Processes: How Judges and Jurors Socially Construct Black Criminals |
45 American Journal of Criminal Law 203 (Spring, 2018) |
I. Introduction. 204 II. Denials of Racially Biased Constructions of Black Criminals: Why Paradigms Matter. 205 A. Evidence of Biased Constructions of Black Criminals in Character-Based Approaches to Mens Rea. 206 B. Concrete Illustration. 208 III. Prevailing Mens Rea Paradigm Ignores Room for Biased Social Construction of Black Criminals. 218 IV.... |
2018 |
| Bernard Chao, Catherine Durso, Ian Farrell, Christopher Robertson |
Why Courts Fail to Protect Privacy: Race, Age, Bias, and Technology |
106 California Law Review 263 (April, 2018) |
The Fourth Amendment protects against unreasonable searches and seizures, but in the digital age of stingray devices and IP tracking, what constitutes a search or seizure? The Supreme Court has held that the threshold question depends on and reflects the reasonable expectations of ordinary members of the public concerning their own privacy. For... |
2018 |
| Judge Joe Donald |
A Private Conversation on Implicit Bias and Race |
90-MAR Wisconsin Lawyer 64 (March, 2017) |
To make progress resolving the issue of mass incarceration, we have to become aware of our own implicit biases and confront their influence on arrest, bail, and sentencing decisions. At the State Bar President's Symposium on Disparate Incarceration in February, I began my remarks by stating we need to have a private conversation about implicit bias... |
2017 |
| Stephen Gillers |
A Rule to Forbid Bias and Harassment in Law Practice: a Guide for State Courts Considering Model Rule 8.4(g) |
30 Georgetown Journal of Legal Ethics 195 (Spring, 2017) |
After twenty-two years of failed efforts to add a rule forbidding bias and harassment in law practice to the American Bar Association's Model Rules of Professional Conduct, the ABA's House of Delegates approved one by voice vote in August 2016. Model Rule 8.4(g) will now move to the states. The goal of this Article is to aid state courts and bar... |
2017 |
| Prescott Loveland |
Acknowledging and Protecting Against Judicial Bias at Fact-finding in Juvenile Court |
45 Fordham Urban Law Journal 283 (December, 2017) |
As a public defender, I often represent young people from twelve to seventeen years old in juvenile court. My juvenile clients face a wide range of accusations and they come from various family circumstances. Nearly all of my juvenile clients, however, are young people of color from under-resourced communities. Many find themselves arrested for... |
2017 |
| Debra Chopp |
Addressing Cultural Bias in the Legal Profession |
41 New York University Review of Law and Social Change 367 (2017) |
Over the past two decades, there has been an outpouring of scholarship that explores the problem of implicit bias. Through this work, commentators have taken pains to define the phenomenon and to describe the ways in which it contributes to misunderstanding, discrimination, inequality, and more. This article addresses the role of implicit cultural... |
2017 |