AuthorTitleCitationSummaryYear
Judith Berkan Mano Dura - Official Police Department Bias Takes a Hit 69 Revista Juridica Universidad de Puerto Rico 1267 (2000) We can't have hybrids on the Police Force; we need real men and women. So stated the head of the Frente Unido de Policías Organizados, one of the principal associations grouping police officers in Puerto Rico. We can't have mano dura against crime if we have officers with limp hands. Such was the expression of the Superintendent of Police, as... 2000
Kenneth W. Simons On Equality, Bias Crimes, and Just Deserts 91 Journal of Criminal Law and Criminology 237 (Fall 2000) Much of the appeal of retributive theories of criminal law flows from what they are not. Most importantly, they are not utilitarian, consequentialist, deterrence-oriented theories. They do not allow punishment of the innocent in order to serve a large social good. They do not permit selecting an offender for extremely harsh punishment by lottery,... 2000
William C. Kidder Portia Denied : Unmasking Gender Bias on the Lsat and its Relationship to Racial Diversity in Legal Education 12 Yale Journal of Law & Feminism 1 (2000) At nearly every stage of their development women attorneys incorrectly believed that once they themselves had proven their competence, acceptance for women in the next generation would be assured. . . . What they failed to realize . . . was that they long ago had proven their competence and that there really were unspoken, undefined, invisible... 2000
Lana Chiariello Vernon Punishing Hate: Bias Crimes under American Law 47-DEC Federal Lawyer 61 (November/December, 2000) By Frederick M. Lawrence Harvard University Press, Cambridge, MA, 1999. 267 pages, $39.25. In the wake of the tragic and brutal murders of Matthew Shepard and James Byrd Jr., our nation has been forced to examine whether laws against hate crimes are warranted. Most of us are now familiar with Matthew's and James' stories: Matthew was tied to a... 2000
Anthony M. Dillof Punishing Hate: Bias Crimes under American Law. By Frederick M. Lawrence. Cambridge: Harvard University Press. 1999. Pp. Xi, 269. $39.95. 98 Michigan Law Review 1678 (May, 2000) The war against bias crimes is far from finished. In contrast, the battle over bias-crime laws is largely over. Bias-crime laws, as commonly formulated, increase the penalties for crimes motivated by bias. The Supreme Court has held that such laws do not violate the First Amendment. Virtually every state has enacted some sort of bias-crime law.... 2000
Anthony M. Dillof Putting Hate in its Place: the Codification of Bias Crime Laws in a Model Penal Code 4 Buffalo Criminal Law Review 341 (2000) Begun in 1952 and completed in 1962, the drafting of the Model Penal Code (M.P.C.) constituted an unparalleled stride forward in the development of the criminal law. Since 1962 however, our society, crime, and our society's perception of crime have changed. With the benefit of hindsight, certain provisions of the Model Penal Code appear ill... 2000
John E. Hunter and Frank L. Schmidt , Michigan State University, University of Iowa Racial and Gender Bias in Ability and Achievement Tests Resolving the Apparent Paradox 6 Psychology, Public Policy, And Law 151 (March, 2000) The study of potential racial and gender bias in individual test items is a major research area today. The fact that research has established that total scores on ability and achievement tests are predictively unbiased raises the question of whether there is in fact any real bias at the item level. No theoretical rationale for expecting such bias... 2000
Lu-in Wang Recognizing Opportunistic Bias Crimes 80 Boston University Law Review 1399 (December, 2000) Introduction. 1399 I. Limitations of Federal Law. 1401 A. The Federal Civil Rights Statutes. 1401 B. The Federal Hate Crimes Sentencing Enhancement Act. 1404 II. Limitations of Hate Crime Penalty Enhancement: The Racial Animus Approach.. 1405 III. Recognizing Opportunistic Bias Crimes: A Suggestion From Federal Law. 1418 A. Applying the Federal... 2000
  Report of the First Circuit 9 Boston University Public Interest Law Journal 173 (Spring, 2000) L1-6,T1Steering Committee. .178 L1-6,T1Gender Bias Task Force. .178 L1-6,T1Race and Ethnic Bias Task Force. .178 L1-6,T1Acknowledgments. .179 L1-6,T1Executive Summary. .180 L1-6,T1Introduction. .184 A. L3-6,T3Preface. .184 B. L3-6,T3Background. .184 C. L3-6,T3Research Methods. .187 1. L4-6,T4Court Employees. .188 2. L4-6,T4Court Users. .189 3.... 2000
Patricia Ammari Sentence and Punishment: Enhance Sentences for Crimes in Which the Trier of Fact Determines by a Reasonable Doubt That the Defendant Intentionally Selected Any Victim or Property as the Object of the Offense Because of Bias or Prejudice; Provide Procedure 17 Georgia State University Law Review 134 (Fall, 2000) Code Sections: O.C.G.A. §§ 17-10-17 to -19 (new) Bill Number: SB 390 Act Number: 486 Georgia Laws: 2000 Ga. Laws 224 Summary: The Act provides enhanced sentences in cases in which the trier of fact determines that the defendant intentionally selected a victim or property as the object of an offense because of bias or prejudice. The Act requires the... 2000
Amelia Craig Cramer and Amy Todd Sexual Orientation in Bias, Arizona's Legal System 37-OCT Arizona Attorney 37 (October, 2000) Do openly gay and lesbian attorneys practicing law in Arizona encounter discrimination in the courtroom, or is their sexual orientation a non-issue? Will the Arizona legal community enter the new millennium with a progressive and open-minded approach to diversity issues surrounding sexual orientation, or must gay and lesbian attorneys remain... 2000
Andrea L. Silverstein Standardized Tests: the Continuation of Gender Bias in Higher Education 29 Hofstra Law Review 669 (Winter 2000) SAT scores capture a student's academic achievement no more than a student's yearbook photograph captures the full range of her experiences in high school. Just as the Manhattan Project had split the atom, the Educational Testing Service . . . would decode the mind. . . . ETS would measure all abilities, not just aptitude or intelligence. It would... 2000
  Statement of the Anti-defamation League on Bias-motivated Crime and H.r. 1082--the Hate Crimes Prevention Act August 4, 1999 21 Chicano-Latino Law Review 53 (Spring 2000) The Anti-Defamation League (ADL) is pleased to provide testimony as the House Judiciary Committee conducts hearings on bias-motivated crime and H.R. 1082, the Hate Crimes Prevention Act (HCPA). This necessary legislation, introduced under the leadership of Representatives Conyers, Morella, Gephardt, Frank, and Forbes, would eliminate gaps in... 2000
Jennifer Gerarda Brown Sweeping Reform from Small Rules? Anti-bias Canons as a Substitute for Heightened Scrutiny 85 Minnesota Law Review 363 (December, 2000) I. A Primer on Judicial Bias. 371 II. A Taxonomy of Judicial Bias on the Basis of Sexual Orientation. 377 A. Disrespect. 380 B. Distorting Findings of Fact: Positive Bias. 388 1. Judicial Notice. 396 2. Bad Empiricism. 405 3. When General Trumps Specific. 411 C. Distorting Application of Law: Normative Bias. 416 1. Law that Is Clearly Anti-Gay and... 2000
Frederick M. Lawrence The Case for a Federal Bias Crime Law 16 National Black Law Journal 144 (1999-2000) The past twenty years have seen a revolution in the legal response to bias-motivated violence. Prior to 1980, Connecticut was the only state that criminalized bias crimes. Bias crime laws have become pervasive in American legal culture. Virtually every state now expressly criminalizes bias crimes. At the present time, however, there is no pure... 2000
Martha Chamallas The Disappearing Consumer, Cognitive Bias and Tort Law 6 Roger Williams University Law Review Rev. 9 (Fall 2000) The term hidden curriculum is sometimes used by academics to describe an underlying structure beneath the catalogue listing of required and elective courses. In the hidden curriculum are the must-take courses, the courses which are considered to be the most important and central and which acquire a higher status as a result of their informal... 2000
Sarah G. Vincent The Hate Within Ourselves: Criminal Law's Attempt to Overcome Bias 16 Harvard BlackLetter Law Journal 229 (Spring, 2000) Discussions about racism generally elicit sighs of weariness, but the mention of racially motivated crimes grabs the attention of everyone within hearing range. The average person knows about the civil rights movement and all the successes that accompanied its legal aftermath, but will dismiss the idea of racism existing except for the allegedly... 2000
Robert A. Prentice The Sec and Mdp: Implications of the Self-serving Bias for Independent Auditing 61 Ohio State Law Journal 1597 (2000) Huge accounting firms, seeking to become one-stop shopping centers for clients, wish to add legal services to the audit, tax, information consulting, financial planning, litigation support, and other services they already provide-a phenomenon known as multi-disciplinary practice (MDP). MDP can aggravate problems already plaguing objectivity and... 2000
Gail D. Hollister Tort Suits for Injuries Sustained During Illegal Abortions: the Effects of Judicial Bias 45 Villanova Law Review 387 (2000) SYMONE T., an eleven-year-old child, was raped in December 1987. On May 25, 1988 she learned that she was pregnant, and, on May 26, her mother took her to a hospital where Symone underwent an abortion. The abortion was illegal because Symone was 24.7 weeks pregnant. The abortionist allegedly performed the procedure negligently, causing Symone to... 2000
Roxanne Barton Conlin, Gretchen Jensen What, Me? Prejudiced? Absolutely Not! 36-DEC Trial 20 (December, 2000) Almost no one thinks he or she is prejudiced. In fact, we all are. Jury selection must be conducted in a way that reveals the subtle and not-so-subtle biases held by the members of the venire. Jury selection is a crucial element in achieving a fair result for your client. Without an impartial jury, the best representation and facts may not win the... 2000
Cecil R. Reynolds , Texas A&M University Why Is Psychometric Research on Bias in Mental Testing So Often Ignored? 6 Psychology, Public Policy, And Law 144 (March, 2000) Since the late 1960s, a substantial body of content and methodological research on bias has been conducted. Much of this research has been conducted by psychometricians and published in major psychometric journals not often read by those in other psychological specialties. However, much of what has been learned is summarized in book chapters and... 2000
AnnJanette Rosga Bias Before the Law: the Rearticulation of Hate Crimes in Wisconsin V. Mitchell 25 New York University Review of Law and Social Change 29 (1999) The subject of law is also the subject of the nation. Law is primarily a national institution and adherence to its rule symbolizes the imagined community of the nation and expresses the fundamental unity and equality of its citizens. Paul Gilroy The maintenance of a nation's identity as a nation depends crucially upon its particular historical... 1999
Myra C. Selby Examining Race and Gender Bias in the Courts: a Legacy of Indifference or Opportunity? 32 Indiana Law Review 1167 (1999) The true worth of a race must be measured by the character of its womanhood. In his 1999 State of the Union address, President William Jefferson Clinton recognized a great heroine of the Civil Rights' movement, Rosa Parks. Parks, in 1955, refused to give up her seat on the bus in Montgomery, Alabama, in violation of one of the restrictive Jim... 1999
W. JOHN THOMAS, ; DOROTHY E. STUBBE, ; GERALDINE PEARSON Race, Juvenile Justice, and Mental Health: New Dimensions in Measuring Pervasive Bias 89 Journal of Criminal Law and Criminology 615 (Winter 1999) Delinquent Children, are those, who through Ignorance, Vice, Folly, Sport Carelessness, Thoughtlessness and in a hundred other ways, violate City Ordinances, Laws, statutes or the Rights of Others, for which there must be some method of Correction. Defective Children, are those who are physically or mentally deficient, thereby becoming a charge... 1999
Ruth E. Friedman Statistics and Death: the Conspicuous Role of Race Bias in the Administration of the Death Penalty 11 La Raza Law Journal 75 (Spring, 1999) Statistics can be very useful things. They are detached, nonpartisan, and eminently quotable. Never damned lies by themselves, statistics are cold calculations not amenable to much debate. It is, of course, what we think the numbers mean that makes all the difference. This short essay looks at a few statistics on race and criminal justice and the... 1999
Deana A. Pollard Unconscious Bias and Self-critical Analysis: the Case for a Qualified Evidentiary Equal Employment Opportunity Privilege 74 Washington Law Review 913 (October, 1999) Abstract: Recent breakthroughs in social psychology have resulted in the ability to measure unconscious bias scientifically. Studies indicate that prejudiced responses are largely unconscious, the result of normal cognitive processing and stereotypical associations of which the prejudiced subject may be completely unaware. The studies also indicate... 1999
Rena M. Atchison A Comparison of Gender Bias Studies: Eighth Circuit Court of Appeals and South Dakota Findings in the Context of Nationwide Studies 43 South Dakota Law Review 616 (1998) The final publication of forty-one gender bias reports and the continuing formation of other reports concerning gender bias have produced some definitive answers in a complex arena. Although several questions remain in the gender bias forum, a discussion of the numerous reports, findings, recommendations and implementation of those recommendations... 1998
Kenji Yoshino Assimilationist Bias in Equal Protection: the Visibility Presumption and the Case of "Don't Ask, Don't Tell" 108 Yale Law Journal 485 (December, 1998) I. Introduction. 487 II. Equal Protection Immutability and Visibility Defined. 493 A. Immutability. 493 B. Visibility. 496 C. Commonalities. 498 III. Equal Protection's Assimilationist Bias. 500 A. The Substantive Defense and Its Shortcomings. 504 B. The Political Process Defense. 506 IV. The Immutability Presumption. 509 A. Evasive Power. 509 B.... 1998
Robin Parker Bias Crimes in the Schools-an Uncivil Education 193-OCT New Jersey Lawyer, the Magazine 20 (October, 1998) · Santa Barbara, CA Sitting in school one day an Africian American high school student struggles to maintain her composure when a group of white classmates slip a drawing of a lynched black girl onto her desk. Later in the school year, a white high school student, wearing a Confederate flag like a bandit's mask, punches an Africian-American... 1998
Ellen E. Deason Court-appointed Expert Witnesses: Scientific Positivism Meets Bias and Deference 77 Oregon Law Review 59 (Spring 1998) I. The Evolution of Court-Appointed Experts Within the Adversarial System. 64 A. The Emergence of Appointed Experts. 64 B. The Current Authority and Procedures for Appointing Expert Witnesses and Advisors. 75 1. Rule 706 of the Federal Rules of Evidence. 75 2. The Courts' Inherent Power. 79 II. Improvements Court-Appointed Experts Bring to the... 1998
The Honorable John Garrett Penn D.c. Circuit: Study of Gender, Race, and Ethnic Bias 32 University of Richmond Law Review 765 (May 1, 1998) Matthew J. DeVries The District of Columbia Circuit became the first federal circuit to establish a Task Force on race and gender bias. In 1992, the Task Force, which was comprised of judges from the D.C. Circuit, created two committees--the Special Committee on Gender and the Special Committee on Race and Ethnicity--to assist the Task Force in its... 1998
Daria Roithmayr Deconstructing the Distinction Between Bias and Merit 10 La Raza Law Journal 363 (Spring 1998) In this article Professor Roithmayr attempts to develop in the context of law school admissions a theoretical argument from deconstruction to support the radical critique of merit. The radical critique, espoused primarily by Critical Race Theorists and radical feminists, argues that merit standards disproportionately exclude white women and people... 1998
  Eleventh Circuit: "Executive Summary"--report of the Eleventh Circuit Task Force on Gender Bias 32 University of Richmond Law Review 751 (May 1, 1998) In 1993 the Eleventh Circuit Judicial Council's Task Force on Gender Bias was established. It was the Mandate of this Task Force to study the effects of gender in the Eleventh Circuit and the courts that comprise the Eleventh Circuit. The Task Force elected to employ survey methods to discover whether or not various members of the court family... 1998
Laurie Schaffner Female Juvenile Delinquency: Sexual Solutions, Gender Bias, and Juvenile Justice 9 Hastings Women's Law Journal L.J. 1 (Winter 1998) The beginning of delinquency in girls is usually an impulse to get amusement, adventure, pretty clothes, favorable notice, distinction, freedom in the larger world which presents so many allurements and comparisons. The cases which I have examined (about three thousand) show that sexual passion does not play an important role, for the girls have... 1998
Gregory A. Nussel Fifth Circuit: Study of Gender Bias 32 University of Richmond Law Review 723 (May 1, 1998) In October 1993, in response to a recommendation in the Report of the National Commission on Judicial Discipline and Removal, Chief Judge Henry A. Politz appointed a Special Committee of the Fifth Circuit Judicial Council to consider and recommend whether a study of gender bias in the Fifth Circuit should be made. The Special Committee, composed of... 1998
The Honorable Bruce M. Selya First Circuit: a Study of Gender Bias in and Around the Courts 32 University of Richmond Law Review 647 (May 1, 1998) Beginning with the state courts of New Jersey in 1984, almost every state in the country and numerous federal circuits have mounted initiatives to address issues of gender bias in the courts. While individual approaches have varied, each of these judicial units has displayed an increasing sensitivity to the potential problems of bias in the courts... 1998
Samuel W. Phillips Fourth Circuit: the Judicial Council's Review on the Need for a Gender Bias Study 32 University of Richmond Law Review 721 (May 1, 1998) In 1993, the Women Judges Fund for Justice, the National Association of Women Judges, and the National Center for State Courts, sponsored a four-day conference (March 18-21) in Williamsburg, Virginia, entitled Second National Conference on Gender Bias in the Courts: Focus on Follow-up. Then Chief Circuit Judge Sam J. Ervin, III, designated the... 1998
Marilyn J. Berger , Kari A. Robinson Gender Bias in the American Bar Association Journal: Impact on the Legal Profession 13 Wisconsin Women's Law Journal 75 (Spring 1998) We cannot but think the common law wise in excluding women from the profession of law. . . . The law of nature destines and qualifies the female sex for the bearing and nurture of the children of our race and for the custody of the homes of the world and their maintenance in love and honor. And all life-long callings of women, inconsistent with... 1998
M. Juliet Bonazzoli Jury Selection and Bias: Debunking Invidious Stereotypes Through Science 18 QLR 247 (Summer 1998) Jury selection, according to many experts, is the most critical stage of the trial process. Some believe that a case is won or lost there. The O.J. Simpson criminal and civil trials, in which jury composition remained a concern both during and after the trials, illustrate the pivotal role jury selection plays in the trial process. Psychologists,... 1998
The Honorable Procter Hug, Jr., The Honorable Marilyn L. Huff, The Honorable John C. Coughenour Ninth Circuit: the Gender Bias Task Force 32 University of Richmond Law Review 735 (May 1, 1998) In 1990, the federal courts o f the Ninth Circuit began to examine the effects of gender on the business of the courts. The pioneering Final Report of the Ninth Circuit Gender Bias Task Force was issued in July 1993 and the Ninth Circuit has worked to implement the task force's recommendations for several years. To assist others setting forth on a... 1998
Andrew D. Leipold Objective Tests and Subjective Bias: Some Problems of Discriminatory Intent in the Criminal Law 73 Chicago-Kent Law Review 559 (1998) Much has changed in the area of race and the criminal law over the last thirty years, but three things remain constant. First, despite the formal repudiation of racism at all levels of government, racial bias continues to play a role in the investigation and prosecution of crimes. Second, most of the judicial efforts to eliminate racism have... 1998
Jennifer Durkin Queer Studies I: an Examination of the First Eleven Studies of Sexual Orientation Bias by the Legal Profession 8 UCLA Women's Law Journal 343 (Spring-Summer 1998) Professor William Rubenstein first approached me with the idea for this Article in November 1997. I thought that it would be interesting to read through the sexual orientation bias studies that have been done and to evaluate their similarities and differences. I began my research by reading several of the reports. Then, I began Westlaw and Internet... 1998
William B. Rubenstein Queer Studies Ii: Some Reflections on the Study of Sexual Orientation Bias in the Legal Profession 8 UCLA Women's Law Journal 379 (Spring-Summer 1998) The [U.S. Court of Appeals for the] Ninth Circuit takes pride, justifiably, in the fact that it is the first federal court to have conducted a study of gender bias in the judicial system. We voted at our 1993 conference to conduct a similar circuit-wide study of racial, ethnic and religious bias in the judicial system. However, when a lawyer raised... 1998
Robert M. Cearley, Jr. Racial and Gender Bias - Leading by Example 33-FALL Arkansas Lawyer Law. 2 (Fall, 1998) In 1962 an African-American man was convicted of contempt for refusing to sit in the section of the courtroom reserved for Negroes. The conviction was reversed by the U.S. Supreme Court in a per curiam opinion. Johnson v. Virginia, 373 U.S. 61 (1963). The next year an African-American female witness was held in contempt for refusing to answer... 1998
Lisa Blue Screening Jurors in the Age of Tort 'Reform' 34-APR Trial 58 (April, 1998) As I look at my typically conservative jury panel in this age of tort reform, I have one dominant thought: How can I disqualify jurors I think will be bad for my case? With increasing restrictions on time allotted for voir dire and the scope of questioning, that is not an easy task. The purpose of this article is to help attorneys identify jurors... 1998
Kevin M. Kelly , Task Force Chair Task Force Studies Racial and Economic Bias in the Justice System 6-JAN Nevada Lawyer 12 (January, 1998) April 29, 1992, will be a day remembered as the harbinger of the Supreme Court of Nevada Task Force for the Study of Racial and Economic Bias in the Justice System (Task Force). On that day, an all white jury acquitted several white police officers in suburban Ventura County, California, of assaulting Rodney King, an African American. The case... 1998
The Honorable David M. Ebel Tenth Circuit: Gender Bias Study--continuing Education and Training 32 University of Richmond Law Review 745 (May 1, 1998) The Tenth Circuit Study of Gender Bias and Sexual Harassment was initiated in September 1995 with a study of the District of Wyoming. Prior to that time a number of federal courts and individual states had undertaken comprehensive studies of gender bias. Most of the existing literature was based upon quantitative data using survey research... 1998
Gabriel J. Chin , Scott C. Wells The "Blue Wall of Silence" as Evidence of Bias and Motive to Lie: a New Approach to Police Perjury 59 University of Pittsburgh Law Review 233 (Winter 1998) Ah, the cops are far more complex than criminals. For they contain explosive contradictions within themselves. Supposed to be law-enforcers, they tend to conceive of themselves as the law. They are more responsible than the average man, they are more infantile. They are attached umbilically to the concept of honesty, they are profoundly corrupt.... 1998
Martha Chamallas The Architecture of Bias: Deep Structures in Tort Law 146 University of Pennsylvania Law Review 463 (January, 1998) Gender and race have disappeared from the face of tort law. The old doctrines that explicitly limited recovery exclusively to one gender have been either abolished or extended on a gender-neutral basis. Women as well as men may now recover for such claims as loss of spousal consortium and loss of a child's services. The disabilities that prevented... 1998
Frank H. Wu Winks and Nods Open Plenty of Doors 84-FEB ABA Journal 96 (February, 1998) With so many preferential loopholes in law school admissions policies, it's time to revisit arbitrary standards and redefine merit qualifications. Ten years ago, I benefited from a form of affirmative action--preferential admission--when I applied to law school, gaining admission from the waiting list a week before classes started. As an... 1998
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