AuthorTitleCitationSummaryYear
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
Jeffrey M. Duban Banishing Bias: the Second Circuit's Draft Report on Gender, Racial and Ethnic Fairness in the Courts 69-DEC New York State Bar Journal 53 (December, 1997) In a free society, everyone, male or female, white or black, has a positive responsibility to be thick-skinned. Activists who insist that personal offense is a cause for public action are a menace to the freedom of conscience that protects minorities above all. Multicultural orthodoxy interprets any deviation from perfect racial harmony as a sign... 1997
Donna J. Hitchens California Studies Sexual-orientation Bias 20-SUM Family Advocate 29 (Summer, 1997) In 1994, the Judicial Council of California established a Standing Committee on Access and Fairness in the Courts. Its task was to make recommendations to improve and broaden access, fairness and diversity throughout the judicial system and the state. In order to address this mandate, the Standing Committee established a number of subcommittees... 1997
Laura Gatland Courts Behaving Badly 83-NOV ABA Journal 30 (November, 1997) Reports released by three more federal circuits this summer send virtually the same message: There is bias against women in the federal courts. To varying degrees, the reports from the three federal circuits released in June and September echo the conclusions of the first two circuits that studied gender bias on the federal level five years ago.... 1997
James A. McKenna Housekeeping Ain't No Joke: How Maine's Child Support Guidelines Can Be Biased Against Mothers 49 Maine Law Review 281 (1997) Whether all towns and all who live in them Are more or less the same, I leave it to you. - Tasker Norcross This Essay is about John and Ann, who used to be married, and their dispute over child support for their children, Billy and Sarah. They are both sitting in Rumford District Court, accompanied by their lawyers, awaiting their hearing. The law... 1997
Katherine Chen Including Gender in Bias Crime Statutes: Feminist and Evolutionary Perspectives 3 William & Mary Journal of Women and the Law 277 (Spring, 1997) In December, 1989, Marc Lepine walked into an engineering class at the University of Montreal, armed with a rifle. He divided the class into two groups, shouting, I want the women. As he shot each woman at point blank range, he shouted, You're all a bunch of feminists. I hate feminists. After he shot fourteen women, all between the ages of... 1997
Ming W. Chin Keynote Address: "Fairness or Bias?: a Symposium on Racial and Ethnic Composition and Attitudes in the Judiciary" 4 Asian Law Journal 181 (May, 1997) Good afternoon, ladies and gentlemen. I would like to thank Asian Law Journal for its gracious invitation to speak with you today. At a conference called Diversity and Unity in America at the University of Texas, William Raspberry, a columnist for the Washington Post, was asked the following question: Are race relationships getting better or... 1997
  National Consortium of Task Forces and Commissions on Racial and Ethnic Bias in the Courts 49 Rutgers Law Review 979 (Spring 1997) February 10, 1990 Cherry Hill, New Jersey HONORABLE THEODORE Z. DAVIS: Good morning, ladies and gentlemen. I am Ted Davis, a member of the Superior Court of the State of New Jersey and Chairman of this task force has been ongoing for several years here in New Jersey. The Chief Justice has communicated with me this morning that he'll be... 1997
Jeannine Bell Policing Hatred: Police Bias Units and the Construction of Hate Crime 2 Michigan Journal of Race and Law 421 (Spring 1997) Much of the scholarly debate about hate crime laws focuses on a discussion of their constitutionality under the First Amendment. Part of a larger empirical study of police methods of investigating hate crimes, this Note attempts to shift thinking in this area beyond the existing debate over the constitutionality of hate crime legislation to a... 1997
Anthony M. Dillof Punishing Bias: an Examination of the Theoretical Foundations of Bias Crime Statutes 91 Northwestern University Law Review 1015 (Spring 1997) C1-3Table of Contents Introduction: The Puzzle of Bias Crime Statutes. 1016 I. An Overview of Bias Crime Statutes. 1020 II. The Wrongdoing-Culpability Framework. 1024 A. Three Theories of Punishment. 1025 B. Wrongdoing and Culpability Underlie Desert. 1026 C. Wrongdoing and Culpability Underlie the Criminal Law. 1030 III. Bias Crimes Statutes... 1997
Arthur H. Patterson, Ph.D., Nancy L. Neufer, M.S. Removing Juror Bias by Applying Psychology to Challenges for Cause 7 Cornell Journal of Law & Public Policy 97 (Fall 1997) Recent attention has been focused on the use of peremptory challenges in both civil and criminal litigation. Much of this attention was triggered by Batson v. Kentucky, and a concern that the use of potentially discriminatory peremptory challenges could influence the composition of, and thus the fairness of, seated juries. Interest in the impact of... 1997
J. Randy Sawyer The Last Line of Defense: a Comparative Analysis of United States Supreme Court and New Jersey Supreme Court Approaches to Racial Bias in the Imposition of the Death Penalty 7 Seton Hall Constitutional Law Journal 663 (Winter 1997) Currently pending before the New Jersey Supreme Court is a challenge to the constitutionality of the New Jersey Death Penalty Act. The challenge asserts that New Jersey juries impose the sentence of death more often on black defendants than non-black defendants. A similar challenge was rejected by the United States Supreme Court in McCleskey v.... 1997
Lu-in Wang The Transforming Power of "Hate": Social Cognition Theory and the Harms of Bias-related Crime 71 Southern California Law Review 47 (November, 1997) INTRODUCTION: THE PROTOTYPICAL HATE CRIME AND TWO PROBLEM CASES. 48 I. LEGAL CONCEPTIONS OF THE WRONG. 61 A. Traditional Conceptions. 61 B. Newer Conceptions: Penalty Enhancement for Bias-Related Motivation. 65 1. Two Models for Penalty Enhancement. 67 a. The discriminatory victim selection model. 69 b. The motivated by racial animus' model.... 1997
Vicki C. Jackson What Judges Can Learn from Gender Bias Task Force Studies 81 Judicature 15 (July-August 1997) As task force studies show, judges can be a powerful force for promoting equality of treatment for women and men in their courts. In 1963 a state court held in contempt an African-American female witness who refused to answer questions from a prosecutor because he called her by her first name. The U.S. Supreme Court summarily reversed her... 1997
Sylvia Stevens And Justice for All? 57-DEC Oregon State Bar Bulletin 27 (December, 1996) . and justice for all. Four simple words that encompass a profound concept. Central to that concept is that the legal system be free from prejudice and discrimination. Unfortunately, there remains considerable racism and other -isms in our society. As lawyers, we have a special obligation to ensure that the legal system is as much as possible a... 1996
Laura A. Giantris B. the Necessity of Inquiry into Racial Bias in Voir Dire 55 Maryland Law Review 615 (1996) In the wake of the Rodney King and O.J. Simpson trials, jury racial bias has become a fast-growing topic of social and legal debate. In Hill v. State, the Court of Appeals rendered a decision aimed at combating racially biased juries. The court reversed the conviction of an African-American Baltimore resident convicted of drug possession on the... 1996
Carolyna Smiley-Marquez Bias in the Legal System 25-MAR Colorado Lawyer 19 (March, 1996) On September 5, 1995, Colorado Supreme Court Chief Justice Anthony F. Vollack, signed the Order Establishing a Multi-cultural Commission (Order) on the recommendation of the Judicial Advisory Council. The Order makes Colorado one of nearly twenty states, in addition to the District of Columbia, that has established task forces or commissions to... 1996
Marsha S. Stern Courting Justice: Addressing Gender Bias in the Judicial System 1996 Annual Survey of American Law 1 (1996) [I]t [is] hard to listen to female attorneys when really all you can do is think of screwing them. Comments like this one, made by a judge to an attorney while in chambers, are unfortunately not rare, isolated events. This type of gender-biased behavior, which distinguishes male and female attorneys solely on the basis of gender, is exhibited in... 1996
Daniel C. Wigley , Kristin S. Shrader-Frechette Environmental Racism and Biased Methods of Risk Assessment 7 Risk: Health, Safety and Environment 55 (Winter, 1996) In 1982, Reverend Benjamin Chavis, executive director of the United Church of Christ Commission for Racial Justice (CRJ) was arrested for blocking the path of trucks carrying toxic PCBs to a newly designated hazardous-waste landfill near a small southern town of predominately black residents. In 1987, a milestone CRJ report showed that the most... 1996
Jeannette F. Swent Gender Bias at the Heart of Justice: an Empirical Study of State Task Forces 6 Southern California Review of Law and Women's Studies Stud. 1 (Fall 1996) I. THE SPARK OF INSPIRATION. 3 A. The National Task Force Movement: Genesis and Overview 6 B. Inspiration: The New Jersey Task Force 9 II. THE TASK FORCE IDEA SPREADS. 12 A. Persuading Judicial Authorities to Study Gender Bias. 13 B. Judicial Authorities Officially Sponsor Task Forces. 18 C. Negotiations Over Initial Task Force Contours and... 1996
David Barringer Higher Authorities 82-DEC ABA Journal 68 (December, 1996) It often seems there is only one kind of religious judge in this country; the kind who gets into trouble. U.S. Supreme Court Justice Antonin Scalia found himself the object of controversy last April when he delivered a pro-Christian speech at a prayer breakfast sponsored by the Christian Legal Society at the Mississippi College School of Law. Judge... 1996
Raneta Lawson Mack It's Broke So Let's Fix It: Using a Quasi-inquisitorial Approach to Limit the Impact of Bias in the American Criminal Justice System 7 Indiana International & Comparative Law Review 63 (1996) Swiss justice works in terms of clock-making, you don't give a fast flywheel the benefit of the doubt or a second chance, you prize up the case, look inside and try to set it back. The character and quality of any system of justice must be measured by its pragmatism and mutability in the face of shifting societal ideologies and values. Long ago,... 1996
  Let Justice Be Done: Equally, Fairly, and Impartially 12 Georgia State University Law Review 687 (April, 1996) Judge John H. Ruffin, Jr., Court of Appeals Mr. Paul Kilpatrick, Jr., Attorney-at-Law Ms. Josie A. Alexander, Attorney-at-Law Mr. Ralph T. Bowden, Jr., Solicitor, State Court of DeKalb County Mr. Thomas Young Choi, Attorney-at-Law Professor Kathleen Neal Cleaver, Emory University Law School Dr. Thomas W. Cole, Jr., President, Clark Atlanta... 1996
Andrew E. Taslitz , Sharon Styles-Anderson Regulating Race, Gender, and Ethnic Bias in the Legal Profession: a Modest Proposal 7 No. 3 Professional Lawyer 10 (May, 1996) Agrowing number of states have adopted, or are considering, amendments to their lawyer disciplinary rules to discourage certain racist, sexist, and ethnic-biased conduct by lawyers. The rules and proposals vary widely, some reaching broadly to include purely private conduct unrelated to the practice of law (such as membership in certain... 1996
Floyd D. Weatherspoon Remedying Employment Discrimination Against African-american Males: Stereotypical Biases Engender a Case of Race plus Sex Discrimination 36 Washburn Law Journal 23 (Fall 1996) I. Introduction. 24 II. Stereotypical Biases Adversely Impact the Employment of African-American Males. 27 A. Why Are African-American Males Unemployed or Underemployed?. 28 B. Negative Stereotypical Biases Against African-American Males. 33 C. Impact on Employment Decisions. 37 III. Enforcement and Theories of Employment Discrimination Laws. 41 A.... 1996
  Report of the Special Committee on Gender to the D.c. Circuit Task Force on Gender, Race and Ethnic Bias 84 Georgetown Law Journal 1657 (May, 1996) Professor Vicki C. Jackson Professor Susan Deller Ross Georgetown University Law Center Georgetown University Law Center Loretta Collins Argrett Asst. Attorney Genl, Tax Div. U.S. Department of Justice Robert E. Kopp Director, Appellate Staff, Civil Div. U.S. Department of Justice Brenda V. Smith, Esq. National Women's Law Center Anita Barondes,... 1996
  Report of the Special Committee on Race and Ethnicity to the D.c. Circuit Task Force on Gender, Race, and Ethnic Bias 64 George Washington Law Review 189 (January, 1996) James E. Coleman, Jr., Esquire Wilmer, Cutler & Pickering Professor Todd D. Peterson George Washington University National Law Center The Honorable Vanessa Ruiz District of Columbia Court of Appeals Joseph M. Sellers, Esquire Washington Lawyers' Committee for Civil Rights & Urban Affairs Avis E. Buchanan, Esquire Washington Lawyers' Committee for... 1996
Jon'a Meyer , Paul Jesilow Research on Bias in Judicial Sentencing 26 New Mexico Law Review 107 (Winter, 1996) A great deal of research has been conducted to determine whether and under what circumstances extra-legal factors, such as race and gender, affect the severity of criminal sentences handed out by judges. Most of these studies, however, depended more upon increasing sophistication in research methodologies and statistical techniques than well-formed... 1996
Andrew E. Taslitz , Sharon Styles-Anderson Still Officers of the Court: Why the First Amendment Is No Bar to Challenging Racism, Sexism and Ethnic Bias in the Legal Profession 9 Georgetown Journal of Legal Ethics 781 (Spring, 1996) A large and growing number of states and the District of Columbia have recently produced task force reports on racial, ethnic and gender bias in the administration of justice. These reports have consistently found evidence of a wide range of discriminatory conduct by lawyers directed toward witnesses, other lawyers and court personnel.... 1996
Pamela Coyle Taking Bias to Task 82-APR ABA Journal 63 (April, 1996) Ablack man wearing leg chains and prison pajamas is brought before a New Jersey judge after spending 20 days in jail for not answering a summons the prosecutor knew was based on computer error. During the same session, a white man accused of drunk driving appears on his own recognizance, dressed in his own clothes. This is not a flashback to the... 1996
Hon. Laurence H. Silberman The D.c. Circuit Task Force on Gender, Race, and Ethnic Bias: Political Correctness Rebuffed 19 Harvard Journal of Law & Public Policy 759 (Spring, 1996) For the last three years, the D.C. Circuit has spent a distressing amount of time and energy dealing with the Task Force on Gender, Race, and Ethnic Bias. This amorphous body, under the auspices of the Judicial Council, was composed of a number of District of Columbia lawyers and legal academics and five judges from the D.C. circuit and district... 1996
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