| Author | Title | Citation | Summary | Year |
| Jessica Levin |
A CROSS-CLINIC COLLABORATION: HOW AN AMICUS BRIEF HELPED CREATE JUDICIAL RECOGNITION OF ADULTIFICATION BIAS IN JUVENILE SENTENCING |
35 UC Law SF Journal on Gender and Justice 127 (May, 2024) |
C1-2Table of Contents Introduction. 128 I. The Story of the Cross-Clinic Collaboration. 128 A. Case Background. 128 B. Cross-Clinic Outreach. 129 C. The Amicus Brief. 129 II. The Opinion. 131 III. Ripple Effects. 131 Conclusion. 132 Brief Of Fred T. Korematsu Center For Law And Equality As Amicus Curiae In Support Of Petitioner. 134 |
2024 |
| Jessica Levin |
A PATH TOWARD RACE-CONSCIOUS STANDARDS FOR YOUTH: TRANSLATING ADULTIFICATION BIAS THEORY INTO DOCTRINAL INTERVENTIONS IN CRIMINAL COURT |
35 UC Law SF Journal on Gender and Justice 83 (May, 2024) |
This article demonstrates how advocates can leverage empirical literature regarding adultification bias to craft doctrinal interventions that recognize and remedy the disproportionately harsh treatment of Black youth in the juvenile and adult criminal legal system. Through case examples, all of which I litigated in the Civil Rights Clinic at... |
2024 |
| Eldar Haber , Shai Stern |
BIAS NOTIFICATION DUTY |
42 Cardozo Arts and Entertainment Law Journal 295 (2024) |
Algorithms are often tainted with bias that could negatively affect subjects' lives in many aspects. But while policymakers and scholars tend to focus their attention on methods to fix the bias within the algorithm or its output, they neglect a crucial piece of the puzzle: when companies discover bias and fix it in the algorithmic output, they do... |
2024 |
| Barbara Glesner Fines |
BIASES & MEDIATION PRACTICE |
37 Journal of the American Academy of Matrimonial Lawyers 117 (2024) |
Despite the central value of impartiality in mediation, bias is an unavoidable aspect of the process. Attorneys and mediators alike need to be aware of how bias distorts decision-making and can lead to unfair judgments about others. The core ethical duties of these professions require that they work to counter these tendencies. Model standards... |
2024 |
| Jerron R. Wheeler |
BREAKING BIAS: A SINGULAR CHAPTER SOLUTION FOR RACIAL EQUITY IN CONSUMER BANKRUPTCY |
21 UC Law Journal of Race and Economic Justice 239 (June, 2024) |
This article explores the aftermath of the Covid-19 pandemic, revealing a looming medical debt crisis among Black families, while examining the intersection of racial bias, attorney practices, and the existing two-chapter consumer bankruptcy system. Proposing a solution, the article advocates for the consolidation of Chapters 7 and 13 into a single... |
2024 |
| Nancy Grimm, Esq. |
CHALLENGING RACIAL INEQUALITY AND IMPLICIT BIAS IN FAMILY LAW |
5 Maryland Bar Journal 72 (Spring, 2024) |
RACIAL INEQUALITY, PREJUDICE, AND DISCRIMINATION HAVE BEEN DEEPLY WOVEN INTO THE AMERICAN FABRIC FOR CENTURIES and continue to flourish in the United States despite the adoption of civil rights laws and the end of legal segregation. While racism continues to impact our daily lives, we especially see it embedded in the law--permeating every aspect... |
2024 |
| Barbara J. Zabawa, JD, MPH, Associate Professor of Law, UMKC School of Law |
COUNTERING WORKPLACE WELLNESS BIAS THROUGH WELLNESS-LEGAL PARTNERSHIPS |
38 Journal of Law and Health 33 (31-Oct-24) |
Abstract: In the current United States economy, wellness is predominantly marketed to society's privileged individuals, catering to a mostly white and high-income clientele. When marginalized communities encounter wellness services, such as in the workplace, they are faced with an implicitly biased industry. These biases include an emphasis on... |
2024 |
| Charles Littrell , Central Bank of The Bahamas, Nassau, NP, Bahamas, e-mail: cwlittrell@centralbankbahamas.com |
ECONOMIC AND DEMOGRAPHIC BIASES IN FATF MUTUAL EVALUATION RESULTS |
115 IUS Gentium 191 (2024) |
Abstract National anti-money laundering (AML) and countering the financing of terrorism (CFT) jurisdictional assessments are prominent in the international AML/CFT movement. These assessments are a material element in determining the extent to which any nation and its financial system can participate in the global payments system, and the terms and... |
2024 |
| Colleen P. Graffy , Harry M. Caldwell , Gautam K. Sood |
FIRST TWELVE IN THE BOX: IMPLICIT BIAS DRIVING THE PEREMPTORY CHALLENGE TO THE POINT OF EXTINCTION |
102 Oregon Law Review 355 (2024) |
Abstract. 356 Introduction. 357 I. Overview of Jury Formation. 360 A. Jury Venires. 360 B. Challenges for Cause. 361 C. Peremptory Challenges. 361 II. The Evolution of Peremptory Challenges. 362 A. The Development of Peremptory Challenges in England. 362 B. The Development of Peremptory Challenges in the United States. 365 III. The Batson v.... |
2024 |
| Amber Bolden , Notre Dame Law School, Class of 2024 |
FROM BIASED DATA INPUTS TO YOUR DISCRIMINATORY DIAGNOSIS OUTPUTS: A REVIEW OF LEGAL LIABILITY FOR ARTIFICIAL INTELLIGENCE IN HEALTHCARE |
30 Michigan Technology Law Review 174 (Fall, 2024) |
While health disparities in America occur due to non-medical circumstances, certain protected classes experience healthcare disparities due to the biases of medical professionals. Biased diagnoses, both intentional or unintentional, have existed throughout the history of the medical profession. That those biases are becoming data for training... |
2024 |
| Jack Glaser |
IMPLICIT BIAS, SCIENCE, AND THE RACIAL JUSTICE ACT |
29 Berkeley Journal of Criminal Law 17 (2024) |
Introduction. 17 I. Implicit Bias is Real.. 18 II. Implicit Bias Measures Are Not Clinically Diagnostic Tools.. 19 III. Implicit Bias and the Racial Justice Act. 21 IV. A Note on Statistical Significance. 25 Conclusion. 26 |
2024 |
| Dave McGowan |
JUROR NUMBER SIX: IMPLICIT BIAS AND THE FUTURE OF JURY TRIALS |
61 San Diego Law Review 497 (August-September, 202) |
C1-2Table of Contents I. Introduction. 498 II. Trial of Tomas Berhe. 500 A. Juror 6's Allegation and the New Trial Motion. 501 B. The Washington Supreme Court Decision. 502 C. The Remand Hearing. 507 1. The Evidence at Trial. 507 2. Juror 6's Declaration and Testimony. 509 3. Testimony from Other Jurors. 513 4. Professor Greenwald's Testimony. 517... |
2024 |
| Phoebe Jean-Pierre |
JUSTICE DENIED: EXAMINING IMPLICIT BIAS, VULNERABLE COMMUNITIES, THE LEGAL SYSTEM, AND DIAGNOSTIC ERRORS |
15 Alabama Civil Rights & Civil Liberties Law Review 181 (2023-2024) |
Inequitable care in the U.S. healthcare system poses a major problem. Despite efforts to produce equitable care, health disparities persist. This raises the question of why. Though the underlying causes of health disparities are wide and varying, medical error is a well-established problem within healthcare and poses a significant danger to... |
2024 |
| Louise Grégoire |
LAW ENFORCEMENT USE OF FACIAL RECOGNITION--A COMPARATIVE APPROACH BETWEEN THE UNITED STATES AND EUROPE TO TACKLE THE RACIAL BIAS OF FACIAL RECOGNITION AGAINST PEOPLE OF COLOR |
39 American University International Law Review 415 (2024) |
I. INTRODUCTION. 416 II. FACIAL RECOGNITION USE BY LAW ENFORCEMENT AND ITS THREAT TO PEOPLE OF COLOR. 418 A. Racial Bias Within the Technology. 419 B. The Reinforcement of Racial Bias Within Law Enforcement. 424 III. HUMAN RIGHTS' IMPACTS. 427 A. Right to Privacy. 427 B. The Right of Assembly and Free Speech. 429 IV. THE INSUFFICIENCIES OF THE... |
2024 |
| Catherine Albiston , Shelley Correll |
LAW'S NORMATIVE INFLUENCE ON GENDER SCHEMAS: AN EXPERIMENTAL STUDY ON COUNTERACTING WORKPLACE BIAS AGAINST MOTHERS AND CAREGIVERS |
49 Law and Social Inquiry 916 (May, 2024) |
Status-based theories of labor market inequality contend that, even when workers have identical qualifications and performance, employers evaluate them differently based on stereotypes about their status group. Gender and parenthood are status characteristics that affect decisions about hiring, pay, and promotion through stereotypes that mothers... |
2024 |
| Matthew Champagne |
LINGUISTIC BIAS IN JURY SELECTION: A FOCUS ON AFRICAN AMERICAN ENGLISH |
93 UMKC Law Review 425 (Winter 2024) |
It goes without saying, then, that language is also a political instrument, means, and proof of power. It is the most vivid and crucial key to identify: It reveals the private identity and connects one with, or divorces one from, the larger, public, or communal identity. Everyone has an accent; and yes, dear reader, this includes you. According to... |
2024 |
| John Nidiry, Ruth Friedman |
LONG OVERDUE: THE NEED FOR AN EXAMINATION OF THE SPECTER OF RACIAL BIAS IN THE FEDERAL DEATH PENALTY SYSTEM |
67 Howard Law Journal 225 (Spring, 2024) |
The specter of racial bias in the federal government's administration of the death penalty over the past thirty-five years has been long apparent yet insufficiently scrutinized. Scholars have studied the racially disparate application of capital punishment at the state level and linked those disparities to a history of racialized violence. The... |
2024 |
| Sonia M. Gipson Rankin |
MITIGATING ALGORITHMIC BIAS |
20 SciTech Lawyer 26 (Summer, 2024) |
This article examines the pervasive issue of algorithmic bias, particularly within large language models (LLMs) and the legal system. It argues that unlike simple programming bugs, these biases are deeply ingrained in the design and training data of artificial intelligence (AI) systems. By understanding the historical roots of bias and its... |
2024 |
| Perry Moriearty , Kat Albrecht , Caitlin Glass |
RACE, RACIAL BIAS, AND IMPUTED LIABILITY MURDER |
51 Fordham Urban Law Journal 675 (March, 2024) |
Even within the sordid annals of American crime and punishment, the doctrines of felony murder and accomplice liability murder stand out. Because they allow states to impose their harshest punishments on defendants who never intended, anticipated, or even caused death, legal scholars have long questioned their legitimacy. What surprisingly few... |
2024 |
| Ian Ayres , Sonia Qin , Pranjal Drall |
RACIAL AND GENDER BIAS IN CHILD MALTREATMENT REPORTING DECISIONS: RESULTS OF A RANDOMIZED VIGNETTE EXPERIMENT |
21 UC Law Journal of Race and Economic Justice 183 (June, 2024) |
In this randomized vignette experiment, we asked 4,000 respondents through a YouGov survey to decide how likely they would be to report potential instances of child maltreatment to authorities. We used racialized and gendered names to suggest the identities of the parents and children in each of the ten vignettes that were based on real-life... |
2024 |
| Jane K. Stoever |
REMOVING THE BIAS OF CRIMINAL CONVICTIONS FROM FAMILY LAW |
35 Yale Journal of Law & Feminism 1 (2024) |
Abstract: What happens when a legal system reduces a person to a record of arrests and prosecutions and prioritizes that information in family court? And what are the implications when this legal system is rooted in racism; disproportionately arrests, charges, and sentences people of color; and increasingly criminalizes domestic violence survivors?... |
2024 |
| Heather Pruss , Marla Sandys |
STEPS TO UNCOVERING BIAS |
39-SPG Criminal Justice 40 (Spring, 2024) |
Talking about race and racism can be difficult. But attorneys and judges tasked with vetting jurors who serve on criminal cases must undertake this work if they are committed to our Sixth Amendment right to a fair trial. The fact is we have a criminal justice system that produces racially disparate outcomes. There are a plethora of explanations for... |
2024 |
| Maret Vessella, Amy Rehm |
SURVEY: MEMBERS PERCEIVE DISCIPLINE BIAS TOWARD SOLO AND SMALL FIRMS |
61-DEC Arizona Attorney 10 (December, 2024) |
In 2023 the State Bar Board of Governors expressed interest in undertaking a study on potential disparities in the disciplinary process. To conduct such a study, demographic data was needed, which Bar members are not required to provide--such data is instead voluntary. Due in part to a lack of that data, the Board instead launched a perception... |
2024 |
| Meg Hancock |
TACKLING BIAS IN SPORT: RECOGNIZING THE IMPACT OF IDENTITIES |
26 Vanderbilt Journal of Entertainment and Technology Law 329 (Winter, 2024) |
If we know how sport is organized, the type of games played, the way winners and losers are treated, the type and amount of compensation given to the participants, and the rules enforced, then we surely know a great deal about the larger society in which it exists. Conversely, if we know the values of a society, the type of economy, the way... |
2024 |
| Tiffany Williams Brewer |
TAKING OUR POSITION: REPAIRING THE BREACH IN THE PIPELINE TO THE LEGAL PROFESSION BY TRANSFORMING THE IMPACT OF BIAS AGAINST BLACK GIRLS IN STUDENT DISCIPLINE |
11 Belmont Law Review 306 (Spring, 2024) |
This Article implores the legal profession to intervene in promoting accountability in remediating implicit bias and discrimination in school discipline decisions disproportionately impacting Black girls' educational outcomes, given their significant impact in disrupting the pipeline to the legal profession. The lack of accountability for disparate... |
2024 |
| Anupama C. Connor |
TEACHING AND LEARNING ABOUT IMPLICIT BIAS IN THE LEGAL PRACTICE CLASSROOM: THE LESSON OF SANDY JORDAN |
68 Saint Louis University Law Journal 519 (Spring, 2024) |
Implicit bias describes the unconscious stereotypes and attitudes that all humans have hard wired in their brains. It can go awry when we have implicit biases based on race or ethnicity that are unrealized and unfair. Gen Z students are famously diverse, and they are proud of their diversity, but they are also uncomfortable talking about... |
2024 |
| Dave Hall , Brad Areheart |
THE BIAS PRESUMPTION |
112 Georgetown Law Journal 749 (April, 2024) |
The American workplace is a fractured sphere of public life, in which white men often wield power at the expense of women and people of color. However, that power imbalance is no longer fully imbued with the active animus that characterized the first few centuries of American life; now, much of the damage done by discrimination is done structurally... |
2024 |
| Kira Eidson |
THE PUBLIC OPINION "GLOSS" ON POSTPARTUM PSYCHOSIS INSANITY DEFENSES: HOW BIAS AFFECTS INSANITY DEFENSE OUTCOMES AND HOW A FILICIDE ACT PROVIDES A REMEDY |
47 Harvard Journal of Law & Gender 199 (Spring, 2024) |
Insanity defense legal doctrine in the United States is ill-fitted for filicide cases where the mother brings an insanity claim based on postpartum psychosis because the doctrine fails to account for the unique characteristics of the condition. Consequently, factors other than the straightforward application of the law affect the outcome of a... |
2024 |
| Simon R. Graf |
THE SINS OF THE FATHER: EXCISING MALIGNANT BIAS FROM ARTIFICIAL INTELLIGENCE |
19 Journal of Business & Technology Law 401 (2024) |
I am worried that algorithms are getting too prominent in the world. It started out that computer scientists were worried nobody was listening to us. Now I'm worried that too many people are listening. Artificial Intelligence (AI) has permeated nearly every pore of our society, from autonomous vehicles to digital assistants to facial recognition... |
2024 |
| Ashley Binetti Armstrong |
THE STORIES WE (DON'T) TELL: USING CASE BRIEFING TO EXPLORE BIAS AND OPPRESSION IN THE LAW |
28 Legal Writing: The Journal of the Legal Writing Institute 377 (2024) |
Traditional case briefing focuses on the text of the opinion--how courts frame and resolve legal issues. This Essay explores how to teach case briefing to investigate bias and oppression in the law. By discussing socio-historical context during class or assigning reimagined judicial opinions alongside the original opinion, teaching case briefing... |
2024 |
| H. Justin Pace |
THE UTILITY OF ORIGINALISM IN MITIGATING JUDICIAL ELITE BIAS: EVIDENCE FROM THE 2021-2022 SUPREME COURT TERM |
93 UMKC Law Review 339 (Winter 2024) |
The October 2021 Supreme Court term (OT21) ended with a bang--a momentous final month that one commenter labeled Red flag June as a handful of decisions from the Supreme Court of the United States (the Court) placed red flags on hundreds of precedents in the Westlaw legal database. Four cases in particular represent a significant shift in... |
2024 |
| Sikudhani Foster-McCray |
WHEN ALGORITHMS SEE US: AN ANALYSIS OF BIASED CORPORATE SOCIAL MEDIA ALGORITHM PROGRAMMING AND THE ADVERSE EFFECTS THESE SOCIAL MEDIA ALGORITHMS CREATE WHEN THEY RECOMMEND HARMFUL CONTENT TO UNWITTING USERS |
18 Southern Journal of Policy and Justice 1 (May, 2024) |
C1-2Contents Introduction. 2 I. Previous Work on Racially Biased Algorithms: Algorithms of Oppression, By Dr. Safiya Umoja Noble. 3 A. Background and Synopsis. 4 B. Groundbreaking Elements in the Text. 5 1. Technological Interface from Black Perspectives. 6 2. Immunity of Information Technology Corporations. 8 C. Points of Critique within the Text.... |
2024 |
| Michael L. Perlin, Esq. |
"IN THESE TIMES OF COMPASSION WHEN CONFORMITY'S IN FASHION": HOW THERAPEUTIC JURISPRUDENCE CAN ROOT OUT BIAS, LIMIT POLARIZATION, AND SUPPORT VULNERABLE PERSONS IN THE LEGAL PROCESS |
10 Texas A&M Law Review 219 (Winter, 2023) |
This Article considers the extent to which caselaw has--either explicitly or implicitly--incorporated the precepts of therapeutic jurisprudence (TJ), a school of legal thought that focuses on the law's influence on emotional life and psychological well-being, and that asks us to assess the actual impact of the law on people's lives. Two of the... |
2023 |
| Garanique Williams |
A MEANS TO AN END: A WAY TO CURB BIAS-BASED POLICING IN NEW YORK CITY |
2023 Cardozo Law Review de novo 90 (2023) |
C1-2Table of Contents Introduction. 91 I. Background. 95 A. Explaining the New York City Housing Authority (NYCHA). 95 B. The Rise of Police Service Areas (PSAs). 96 C. The Problem with PSAs. 98 D. Section 14-151 of the Administrative Code's Offered Protections to Bias-Based Profiling. 101 E. The Constitutional Protections to the Problem of... |
2023 |
| Jessica Saunders , Greg Midgette |
A TEST FOR IMPLICIT BIAS IN DISCRETIONARY CRIMINAL JUSTICE DECISIONS |
47 Law and Human Behavior 217 (February, 2023) |
Objective: Our goal was to develop a framework to test for implicit racial bias in discretionary decisions made by community supervision agents in conditions with increasing information ambiguity. Hypotheses: We reasoned that as in-person contact decreases, community supervision officers' specific knowledge of clients would be replaced by... |
2023 |
| The Honorable Cherron Payne |
ALL CASES MATTER: MITIGATING BIAS IN THE ADMINISTRATIVE LAW JUDICIARY |
43 Journal of the National Association of Administrative Law Judiciary 1 (Spring, 2023) |
C1-2Table of Contents Introduction. 3 I. Bias. 6 A. Explicit Bias. 8 B. Implicit Bias. 13 II. The Neuroscience Of Implicit Bias. 19 A. Implicit Bias and the Amygdala. 23 III. Individual And Systemic Factors That Influence Implicit Bias. 25 IV. Administrative Law Judiciary and its Susceptibility to Bias. 27 V. Mitigating Bias in the Administrative... |
2023 |
| Jens Frankenreiter, Michael A. Livermore |
ARE LAWYERS' CASE SELECTION DECISIONS BIASED? A FIELD EXPERIMENT ON ACCESS TO JUSTICE |
52 Journal of Legal Studies 273 (June, 2023) |
The attorney-client relationship is pivotal in providing access to courts. This paper presents results from a large-scale field experiment exploring how demographic information (encoded in potential clients' names) affects how attorneys respond to initial inquiries in private injury cases. On the basis of prior literature, we hypothesize that race... |
2023 |
| Luca CM Melchionna |
BIAS AND FAIRNESS IN ARTIFICIAL INTELLIGENCE |
95-AUG New York State Bar Journal 29 (July/August, 2023) |
An attorney has taken on a multifaceted case and can't decide whether to use artificial intelligence to meet discovery demands involving 100,000 sensitive documents (see Attorney Professionalism Forum on page 52). While AI can save money by selecting only the most pertinent documents, the lawyer does not want to risk the client's privacy by... |
2023 |
| Dorothea Endres , Luisa Hedler , Kebene Wodajo |
BIAS IN SOCIAL MEDIA CONTENT MANAGEMENT: WHAT DO HUMAN RIGHTS HAVE TO DO WITH IT? |
117 AJIL Unbound 139 (2023) |
In a global context where political campaigning, social movements, and public discourse increasingly take place online, questions regarding the regulation of speech by social media platforms become ever more relevant. Companies like Facebook moderate content posted by users on their platforms through a mixture of automated decision making and human... |
2023 |
| Maytal Gilboa |
BIASED BUT REASONABLE: BIAS UNDER THE COVER OF STANDARD OF CARE |
57 Georgia Law Review 489 (Winter, 2023) |
Inequities in the healthcare distribution are widely acknowledged to plague the United States healthcare system. Controversies as to whether antidiscrimination law allows individuals to bring lawsuits with respect to implicit rather than intentional bias render negligence law an important avenue for redressing harms caused by implicit bias in... |
2023 |
| Hillel J. Bavli |
CHARACTER EVIDENCE AS A CONDUIT FOR IMPLICIT BIAS |
56 U.C. Davis Law Review 1019 (February, 2023) |
The Federal Rules of Evidence purport to prohibit character evidence, or evidence regarding a defendant's past bad acts or propensities offered to suggest that the defendant acted in accordance with a certain character trait on the occasion in question. However, courts regularly admit character evidence through an expanding set of legislative and... |
2023 |
| Stephanie A. Cardenas, John Jay College of Criminal Justice, City University of New York, Department of Psychology, Williams College |
CHARGED UP AND ANCHORED DOWN: A TEST OF TWO PATHWAYS TO JUDGMENTAL AND DECISIONAL ANCHORING BIASES IN PLEA NEGOTIATIONS |
29 Psychology, Public Policy, and Law 435 (November, 2023) |
Prosecutors sometimes threaten defendants with disproportionately severe potential trial sentences (PTS) to coerce their plea acceptance. Three experiments tested whether the PTS act as an anchor that biases evaluations of the plea deal at deep (vs. shallow) processing level by encouraging asymmetric consideration of information consistent--but not... |
2023 |
| Lori N. Ross |
CHILDBEARING UNDER UNBEARABLE CIRCUMSTANCES: THE IMPORTANCE OF ABORTION BAN EXCEPTIONS FOR VICTIMS OF SEXUAL VIOLENCE AND THE CURRENT BIAS AGAINST SEX TRAFFICKING VICTIMS |
52 University of Baltimore Law Review 251 (Spring, 2023) |
I. INTRODUCTION. 253 II. SEMINAL U.S. SUPREME COURT PRECEDENT ON ABORTION. 257 A. Roe v. Wade. 258 B. Dobbs v. Jackson Women's Health Organization. 266 1. The Majority Opinion. 266 2. The Dissenting Opinion. 278 III. THE LEGAL LANDSCAPE OF ABORTION POST-DOBBS. 288 A. Federal Action: Presidential Executive Orders. 288 1. First Executive Order:... |
2023 |
| Laura Smalarz, Rose E. Eerdmans, Megan L. Lawrence, Kylie Kulak, Jessica M. Salerno, School of Social and Behavioral Sciences, Arizona State University |
COUNTERINTUITIVE RACE EFFECTS IN LEGAL AND NONLEGAL CONTEXTS |
47 Law and Human Behavior 119 (February, 2023) |
Objective: Despite documented racial disparities in all facets of the criminal justice system, recent laboratory attempts to investigate racial bias in legal settings have produced null effects or racial-bias reversals. These counterintuitive findings may be an artifact of laboratory participants' attempts to appear unprejudiced in response to... |
2023 |
| Keith Cunningham-Parmeter |
DISCRIMINATION BY ALGORITHM: EMPLOYER ACCOUNTABILITY FOR BIASED CUSTOMER REVIEWS |
70 UCLA Law Review 92 (June, 2023) |
From Uber to Home Depot to Starbucks, companies are increasingly asking customers to rate workers. Gathering data from these ratings, many firms utilize algorithms to make employment decisions. The proliferation of customer ratings raises the possibility that some customers may review workers negatively for racist, sexist, or other illegal reasons.... |
2023 |
| Arthur S. Leonard |
DISTRICT COURT REJECTS CONSTITUTIONAL CHALLENGE TO FEDERAL HATE CRIME PROSECUTION IN ANTI-LGBTQ+ BIAS CASE |
2023 LGBT Law Notes 11 (February, 2023) |
Chief U.S. District Judge Brian Morris rejected John Russell Howald's argument that Howald could not be prosecuted for violating the federal Hate Crimes Prevention Act (HCPA), 18 USC Sec. 249 (a)(2), because, he argued, it exceeds Congress's power under the Commerce Clause to federalize criminal law. United States v. Howald, 2023 WL 35049, 2023... |
2023 |
| Dushiyanthini (Toni) Kenthirarajah , Nicholas P. Camp , Gregory M. Walton , Aaron C. Kay , Geoffrey L. Cohen |
DOES "JAMAL" RECEIVE A HARSHER SENTENCE THAN "JAMES"? FIRST-NAME BIAS IN THE CRIMINAL SENTENCING OF BLACK MEN |
47 Law and Human Behavior 169 (February, 2023) |
Objective: Using archival and experimental methods, we tested the role that racial associations of first names play in criminal sentencing. Hypotheses: We hypothesized that Black defendants with more stereotypically Black names (e.g., Jamal) would receive more punitive sentences than Black defendants with more stereotypically White names (e.g.,... |
2023 |
| |
ELECTION LAW--REDISTRICTING--WISCONSIN SUPREME COURT ADOPTS NEW ELECTION MAPS THAT CHANGE EXISTING DISTRICTS LEAST, REGARDLESS OF PARTISAN BIAS.--JOHNSON v. WISCONSIN ELECTIONS COMMISSION, 972 N.W.2D 559 (WIS. 2022) |
136 Harvard Law Review 998 (January, 2023) |
When political deadlock prevents a state from redistricting, the job falls to courts. It is an uncomfortable assignment, and judges have differed widely over how to tackle it. Recently, in Johnson v. Wisconsin Elections Commission (Johnson III), the Wisconsin Supreme Court was forced to redistrict in the legislature's stead. Reaffirming the... |
2023 |
| Julia L. Ernst |
ELIMINATING BIAS AGAINST LGBTQ+ LEGAL PROFESSIONALS: CONTINUING THE CONVERSATION |
98 North Dakota Law Review 187 (2023) |
In the spring of 2022, the University of North Dakota School of Law hosted a continuing legal education (CLE) program on Eliminating Bias against LGBTQ+ Legal Professionals, sponsored by two law student organizations along with the Women Lawyers Section of the State Bar Association of North Dakota (SBAND). This piece provides a transcript of... |
2023 |
| Lieutenant Colonel Susan E. Upward, USMC |
EMPANELING "FAIR AND IMPARTIAL" MEMBERS: THE CASE FOR INCLUSION OF AN IMPLICIT BIAS INSTRUCTION AT COURTS-MARTIAL |
32 Southern California Review of Law & Social Justice 333 (Spring, 2023) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 334 II. BACKGROUND. 335 A. Fifty Years of Documented Research Pointing to Racial Bias. 335 1. Post-World War II: Racial Integration of the Armed Forces 2. The Twenty-First Century: Racial Disparity Persists in the Military. 336 III. ISSUE. 340 A. Defining Implicit Bias. 340 B. Recognizing the Implicit Bias... |
2023 |