| Author | Title | Citation | Summary | Year |
| Joseph J. Avery , W. Michael Schuster |
AI ARTISTS ON THE STAND: BIAS AGAINST ARTIFICIAL INTELLIGENCE-GENERATED WORKS IN COPYRIGHT LAW |
15 UC Irvine Law Review 393 (August, 2025) |
Generative artificial intelligence (AI) is revolutionizing the creation of art, literature, and music--challenging the boundaries of intellectual property law. To date, scholars have primarily focused on AI's authorship/entity status and the regulation of its use, overshadowing a critical issue: how AI's involvement in creative processes influences... |
2025 |
| Michael H. LeRoy |
ALGORITHMIC BIAS IN HIRING: AMENDING TITLE VII TO PROHIBIT AI DISCRIMINATION |
51 Journal of Legislation 261 (April, 2025) |
C1-2Contents I. Introduction. 262 A. Overview. 262 B. Premises for This Article. 263 C. Organization of This Article. 266 II. Artificial Intelligence and Work. 267 A. Artificial Intelligence and Work: An Overview. 267 B. Artificial Intelligence and Hiring: The Possibility of Discrimination. 269 III. Artificial Intelligence and Work: A State Law... |
2025 |
| Angela E. Addae |
BOOZE, BARS, AND BIAS: ANTI-BLACKNESS IN LIQUOR LICENSING ENFORCEMENT |
81 Washington and Lee Law Review 1855 (2025) |
This Article explores the disharmonious and disturbing influence of race in the enforcement of liquor licenses. Across the length and breadth of this nation, attentive Black revelers bear witness to an all-too-familiar trend signified by the disproportionately frequent closures of Black entertainment businesses. This Article argues that the... |
2025 |
| Frank Rudy Cooper, Boyd School of Law, University of Nevada, Las Vegas, NV, USA, Email: frankrudy.cooper@unlv.edu |
COUNTERING THE NEXT POLICE BIAS MOVEMENT: UNREASONABLE: BLACK LIVES, POLICE POWER, AND THE FOURTH AMENDMENT. BY DEVON W. CARBADO. NEW YORK, NY: THE NEW PRESS, 2022. ISBN 978162097 |
59 Law and Society Review 452 (June, 2025) |
The need for insightful books like Devon Carbado's Unreasonable: Black Lives, Police Power, and the Fourth Amendment is seen in Max Felker-Kantor's recent review of historians' studies of policing, wherein he laments their failure to interrogate the relationship between police power and the Fourth Amendment (Felker-Kantor 2024: 4). Unreasonable... |
2025 |
| Ilana M. Friedman |
HOW GRAND JURY SECRECY AND BIAS PROTECTS AND PERPETUATES POLICE-SUSPECT IMPUNITY |
103 Oregon Law Review 379 (2025) |
Introduction. 380 I. What We Know About Grand Juries, the Law Surrounding Police Use of Force, Prosecutorial Decision-Making, Grand Juror Decision-Making, and Police-Suspect Grand Juries. 385 A. The Contemporary Structure of Grand Juries. 385 B. The Law of Police Use of Force. 386 C. Modern Prosecutorial Influences. 388 D. Social Psychology and... |
2025 |
| Niria Rodriguez-Davila |
MACHINE LEARNED MISOGYNY: GENDER BIAS IN AI |
35 DePaul Journal of Art, Technology & Intellectual Property Law 65 (Spring, 2025) |
In 1950, when computers were new and unimpressive by today's standards, Alan Turing first suggested the possibility of intelligent machines. Turing proposed the Imitation Game, by which a human judge would type questions to a computer and a human; the computer won if the judge could not identify which answers were machine generated. Turing... |
2025 |
| Aliza Hochman Bloom |
POLICING BIAS WITHOUT INTENT |
2025 University of Illinois Law Review 1307 (2025) |
In December of 2019, a woman was robbed in Jersey City, and she quickly reported it to a 911 dispatcher. When the dispatcher asked her whether the suspect was Black, white or Hispanic, she responded that she did not know. But when relaying the description to a police officer, the dispatcher improperly added to the woman's account that the suspect... |
2025 |
| Julia Mitrano |
RHYMES TO CRIMES: MASSACHUSETTS COURTS' USE OF RAP LYRICS AS EVIDENCE - AN UNCONSTITUTIONAL PRACTICE ROOTED IN RACIAL BIAS |
30 Suffolk Journal of Trial and Appellate Advocacy 21 (2024-2025) |
The art of rap is deceptive. It seems so straightforward and personal and real that people read it completely literally, as raw testimony or autobiography. - Jay-Z We should be able to say anything, our lungs were meant to shout, say what we feel, yell out what's real even though it may not bring mass appeal. Your opinion is yours, my opinion is... |
2025 |
| Sylvia Won |
SOUND JUDGMENT AND THE ECHOES OF ACCENT: ADDRESSING LEGAL BIAS AND DISCRIMINATION |
26 Rutgers Race & the Law Review 114 (2025) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 115 A. The Social Meaning of Accent and Its Role in Discrimination. 117 Accent and First Impressions: How We Hear Difference. 117 Accent, Identity, and Power: How Perception Constructs Social Hierarchies. 118 Linguistic Profiling and the Psychology of Bias. 120 Social Conformity and the Construction of Accent... |
2025 |
| Meredith Sadin, Amy E. Lerman, Ben J. Fils , University of California, Berkeley, CA, USA |
THE CLASSROOM AND THE YARD: THE CONTRASTING CONTEXT OF PRISON HIGHER EDUCATION AND ITS ROLE IN RACIAL BIAS MITIGATION |
50 Law and Social Inquiry 1117 (November, 2025) |
(Received 27 December 2023; revised 05 March 2025; accepted 14 March 2025; first published online 01 July 2025) Prison has long been recognized as a racialized institution in America, where race determines myriad aspects of life--from where individuals sleep to those with whom they live, eat, and socialize during incarceration. However, there is... |
2025 |
| Megan L. Lawrence , Kristen L. Gittings , Valerie P. Hans , John C. Campbell , Jessica M. Salerno |
THE EFFECTS OF IMPLICIT BIAS INTERVENTIONS ON MOCK JURORS' CIVIL TRIAL DECISIONS AND PERCEPTIONS OF THE COURTS |
49 Law and Human Behavior 186 (June, 2025) |
Objective: In an attempt to reduce juror bias, courts across the United States are educating jurors about how implicit bias impacts decision making. We tested whether novel implicit bias interventions--in the form of educational videos or judicial instructions--reduce the relationship between mock jurors' explicit racial biases and their case... |
2025 |
| Rebecca K. Helm, Emily R. Spearing , Law School, University of Exeter |
THE IMPACT OF RACE ON ASSESSOR'S ABILITY TO DIFFERENTIATE ACCURATE AND INACCURATE WITNESS IDENTIFICATIONS: AREAS OF VULNERABILITY, BIAS, AND DISCRIMINATORY OUTCOMES |
31 Psychology, Public Policy, and Law 359 (November, 2025) |
In this work, we investigate potential weaknesses of lay assessors in differentiating true and false eyewitness identifications, through an examination of the influence of assessor, witness, and suspect race on assessor evaluations of eyewitness identifications made following observation of a mock crime. In an initial mock crime study (N = 209), we... |
2025 |
| Nicholas Castellano |
THE OBJECTIVE BATSON STANDARD: CAN A NEW STEP THREE ADDRESS THE PROBLEM OF IMPLICIT BIAS? |
72 UCLA Law Review 574 (September, 2025) |
Washington courts have attempted to prevent the issues created by implicit bias in jury selection by adopting an objective Batson standard. However, since its adoption, Washington courts have failed to apply this objective standard in either (1) a consistent manner or (2) in a manner in line with the standard's plain text and purpose. In fact,... |
2025 |
| Kelley O'Donnell |
WHO'S ON YOUR JURY? INTERNATIONAL ATTEMPTS AT INCREASING IMPARTIALITY AND DECREASING RACIAL BIAS IN JURY SELECTION |
48 Suffolk Transnational Law Review 106 (2025) |
Contrary to the enumerated rights of the Sixth Amendment, not all criminal defendants receive their right to a trial by an impartial jury. Pervasive racial discrimination and underrepresentation in jury selection continues to fester throughout the United States' judicial process. These themes not only impact the rights and interests of criminal... |
2025 |
| 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 |