AuthorTitleCitationSummaryYear
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
Kristin L. Taylor Treating Male Violence Against Womenas a Bias Crime 76 Boston University Law Review 575 (June, 1996) To understand women's experiences of men's . . . intimidation and violence is also to understand that society allows for, and on many levels encourages, male intimidation and violence to women . . . . By separating women's experiences of sexual and/or physical assault from women's experiences of sexual and/or physical intimidation, as many are... 1996
Thad Rueter Why Women Aren't Executed: Gender Bias and the Death Penalty 23-FALL Human Rights 10 (Fall, 1996) The facts are simple. In 1977, Guinevere Garcia murdered her daughter, and later received a 10-year sentence for the killing. Four months after her release, she killed her estranged husband during a robbery attempt. This time, the court imposed the death penalty. Garcia had refused to appeal her sentence, and opposed efforts to save her. Death... 1996
By Lynn Hecht Schafran Women Shaping the Legal Process: Judicial Gender Bias as Grounds for Reversal 84 Kentucky Law Journal 1153 (1995-1996) On June 27, 1995, three male judges of the California Court of Appeal reversed a case called Catchpole v. Brannon specifically because of the trial judge's gender bias. The opinion is an embodiment of women's success in reshaping the law to reflect women's concerns and experiences, a goal the first suffragists considered second only to securing the... 1996
John R. Allison A Process Value Analysis of Decision-maker Bias: the Case of Economic Conflicts of Interest 32 American Business Law Journal 481 (1995) It can hardly be gainsaid that the effect of a decision about the rights or obligations of others is more important than the procedure used to reach that decision. It also cannot be denied, however, that the processes by which decisions are made and disputes resolved serve many critical purposes. The goals and positive contributions of good... 1995
Paul Brown Analyzing Racial Bias Claims after Mccleskey 23 American Journal of Criminal Law 231 (Fall 1995) In 1974, the Supreme Court effectively shut the door on race-based challenges to the death penalty with its decision in McCleskey v. Kemp. Since then, many legal scholars have deconstructed the McCleskey opinion in hopes of reinvigorating the claim that the death penalty operates in a discriminatory fashion. In his book The Death Penalty and Racial... 1995
Stephan Thernstrom Critical Observations on the Draft Final Report of the Special Committee on Race and Ethnicity to the D.c. Circuit Task Force on Gender, Race, and Ethnic Bias 1995 Public Interest Law Review 119 (1995) Are the federal courts in our nation's capital riddled with racial bias? The answer is yes, if you believe a recent report by the Special Committee on Race and Ethnicity of the D.C. Circuit's Task Force on Gender, Race, and Ethnic Bias. The critical reader will find this report of interest not as proof that something is terribly wrong with our... 1995
Peggy Cooper Davis , Gautam Barua Custodial Choices for Children at Risk: Bias, Sequentiality, and the Law 2 University of Chicago Law School Roundtable 139 (1995) Children are at risk for many reasons. As Professor Straus has reported to this Symposium, most adults in the United States accept the degrading violence of corporal punishment, with its dangerous potential for escalation, as a routine aspect of discipline and socialization. Overwhelming numbers of children live in poverty. Parental resources are... 1995
Chief Judge Edward J. Lodge, United State District Court, District of Idaho District Court Strives to Eliminate Gender Bias 38-APR Advocate 10 (April, 1995) In early December 1993, the Court appointed a Gender Fairness Committee to review and analyze gender issues within the District of Idaho and to make recommendations to this Court. After 14 months of hard work, the Gender Fairness Committee completed the following report which concluded that gender bias exists in the District of Idaho. The Court... 1995
Richard C. Reuben Law Firm Bias Complaints Rising 81-DEC ABA Journal 12 (December, 1995) Worker complaints against law firms jumped 58 percent during the first half of the 1990s, according to statistics compiled by the U.S. Equal Employment Opportunity Commission. Complaints for gender, race and other bias under Title VII of the Civil Rights Act of 1964 still comprise the lion's share of the agency's law firm-related caseload. But the... 1995
Martin S. Zwerling Legislating Against Hate in New York: Bias Crimes and the Lesbian and Gay Community 11 Touro Law Review 529 (Winter, 1995) In recent years, crimes of violence, threats, and vandalism, in which the defendant's conduct was motivated by hatred, prejudice, or bias based on a victim's actual or perceived race, religion, national origin, ethnicity, gender, or sexual orientation, have increased at an astonishing rate. Moreover, the level of violence of these attacks, evincing... 1995
Teresa Eileen Kibelstis Preventing Violence Against Gay Men and Lesbians: Should Enhanced Penalties at Sentencing Extend to Bias Crimes Based on Victims' Sexual Orientation? 9 Notre Dame Journal of Law, Ethics & Public Policy 309 (1995) Smithton, Pennsylvania, population 300, is a small town in western Pennsylvania where everyone knows everyone and everything about everyone. Like many small towns Smithton considers itself a closely knit community where common knowledge about each member encourages understanding and tolerance. The brutal killing of native son Paul Edward Steckman,... 1995
Robert R. Riggs Punishing the Politically Incorrect Offender Through "Bias Motive" Enhancements: Compelling Necessity or First Amendment Folly? 21 Ohio Northern University Law Review 945 (1995) During recent years, a tide of new criminal sanctions aimed at punishing hate crime has washed over the United States. The energy driving this surge of legislation has been generated by an unusual combination of political forces. Law and order advocates, who generally favor harsher criminal sentences as a means of punishing and deterring... 1995
Jill Schachner Chanen Reaching out to Women of Color 81-MAY ABA Journal 105 (May, 1995) With its decision to oppose bias and discrimination on the basis of gender and race, the ABA House of Delegates has gone on record for the first time recognizing that female lawyers of color face unique challenges in the profession. The resolution, adopted during the midyear meeting in Miami, also helped the Multicultural Women Attorneys Network... 1995
Elaine Golin Solving the Problem of Gender and Racial Bias in Administrative Adjudication 95 Columbia Law Review 1532 (October 1, 1995) Administrative Law Judges (ALJs) preside over hundreds of thousands of adjudications every year and their decisions affect the lives of millions of Americans. As the decisionmakers in the on-the-record hearings of federal administrative agencies, ALJs play an important role in overseeing the enforcement of federal law and the distribution of... 1995
Linda Hamilton Krieger The Content of Our Categories: a Cognitive Bias Approach to Discrimination and Equal Employment Opportunity 47 Stanford Law Review 1161 (July 1, 1995) Title VII's disparate treatment model of discrimination is premised on the notion that intergroup bias is motivational in origin. This premise, in turn, is based on a number of assumptions regarding the nature of human inference and the respective roles played by cognition and motivation in social judgment and decisionmaking. Applying insights from... 1995
David Zonana The Effect of Assumptions about Racial Bias on the Analysis of Batson 'S Three Harms and the Peremptory Challenge 1994 Annual Survey of American Law 203 (April, 1995) In Batson v. Kentucky, the Supreme Court first placed meaningful restrictions on the exercise of the peremptory challenge. The Court held that the prosecution's use of racially-based strikes against jurors of the defendant's race violated the defendant's Fourteenth Amendment right to equal protection of the laws. Overruling Swain v. Alabama, in... 1995
Donna E. Young Two Steps Removed: the Paradox of Diversity Discourse for Women of Color in Law Teaching 2 African-American Law and Policy Report 270 (Fall, 1995) The term affirmative action provokes passionate reactions in people across the political spectrum. In 1995, affirmative action was a major political issue in the United States and continues to be in 1996. Despite the heated debate over affirmative action, many American law schools have supported efforts to diversify law school faculties by hiring... 1995
Steven Keeva Combating Poverty and Bias 80-OCT ABA Journal 106 (October, 1994) Among other things, the ABA Annual Meeting is a time to sit back and take stock of where we areas a profession and as a societyso that we might forge a more enlightened path in the coming year. For ABA President George E. Bushnell Jr., that meant talking about the racism and gender bias that remain with us decades after the civil rights... 1994
Robert Attanasio Constitutional Law -- Criminal Law -- the Anti-bias Subsection of the Criminal Harassment Statute Does Not Impermissibly Burden Free Expression, but Rather Regulates Conduct Only and Is, Therefore, Constitutional -- State V. Mortimer, 135 N.j. 517, 641 A. 25 Seton Hall Law Review 474 (1994) On August 23 1991, David Mortimer, defendant, and two others spray-painted the words Dots U Smell on the garage door of a family of Pakistani ancestry living in East Brunswick. Id. at 523, 641 A.2d at 260. Defendant was charged and indicted for two violations of the New Jersey harassment statute. The pertinent section of N.J.S.A. 2C:33-4 reads:... 1994
Tamara L. Hamilton Constitutional Law--anti-bias Crime Legislation and the First Amendment--supreme Court Upholds Wisconsin's Penalty Enhancement Law, Wisconsin V. Mitchell, 113 S. Ct. 2194 (1993). 16 University of Arkansas at Little Rock Law Journal 659 (1994) In Tampa, Florida, two white men poured gasoline over a black tourist, stated you're a nigger and you're going to die, and then set him afire. In Wilmington, North Carolina, three Marines dragged a homosexual out of a bar and beat him while yelling Clinton must pay and [a]ll you faggots will die. In La Habra, California, attackers yelled... 1994
Bryan A. Stevenson , Ruth E. Friedman Deliberate Indifference: Judicial Tolerance of Racial Bias in Criminal Justice 51 Washington and Lee Law Review 509 (Spring, 1994) On April 22, 1987, a majority of the United States Supreme Court announced a startling and deeply disturbing opinion about race and the administration of criminal justice in the United States. Presented with overwhelming statistical evidence of racial bias in Georgia's use of the death penalty, the Court ruled in McCleskey v. Kemp that race-based... 1994
Stephen Russell Martin II Establishing the Constitutional Use of Bias-inspired Beliefs and Expressions in Penalty Enhancement for Hate Crimes: Wisconsin V. Mitchell 27 Creighton Law Review 503 (February, 1994) INTRODUCTION In R.A.V. v. City of St. Paul, the United States Supreme Court handed down its first major decision concerning the constitutionality of a hate crime statute. In recent years, bias-motivated threats, intimidation, and acts of violence have increased at a disturbing rate. These acts have been denominated as hate crimes: criminal acts... 1994
Daniel L. Skoler Fighting Racial Bias 21-WTR Human Rights 18 (Winter, 1994) The release of two blockbuster studies challenged traditional notions of bias-free delivery of justice at the Social Security Administration's Office of Hearings and Appeals (OHA) and led the agency to examine the sensitive subjects of how administrative law judges respond to race, ethnicity, and gender as they render decisions on social security... 1994
Brian J. Leddin First Amendment -- Free Speech -- Penalty Enhancement Statutes That Increase the Sentence for Ciminal Conduct Motivated by Bias Toward the Victim Are Constitutional -- Wisconsin V. Mithcell, 113 S.ct. 2194 (1993) 4 Seton Hall Constitutional Law Journal 761 (Spring, 1994) The First Amendment to the United States Constitution provides that Congress shall pass no law abridging the freedom of speech. This right has never been interpreted to provide absolute protection to all types of speech. States, however, have had difficulty in creating appropriate prohibitions on hate crimes, so as not to run afoul of the First... 1994
Martha S. West Gender Bias in Academic Robes: the Law's Failure to Protect Women Faculty 67 Temple Law Review 67 (Spring 1994) Introduction . 68 I. The Current Status of Women Faculty . 71 A. Women Among PhD Recipients . 74 B. Women in Ladder Faculty Ranks . 79 C. Hiring Women Faculty . 86 D. Women's Salaries . 92 II. The Failure of Federal Employment Law to Prevent Discrimination Against Faculty Women . 93 A. The Destruction of Title VII as an Effective Remedy for Gender... 1994
Laura A. Donner Gender Bias in Drafting International Discrimination Conventions: the 1979 Women's Convention Compared with the 1965 Racial Convention 24 California Western International Law Journal 241 (Spring 1994) The United Nations Charter contains general prohibitions against discrimination on the basis of both sex and race, with a directive for equality of all people. Although the Charter does not distinguish between sex and race, the international community has accorded these classifications different priorities. Racial discrimination has long been... 1994
Lynn Hecht Schafran Gender Bias in Family Courts 17-SUM Family Advocate 22 (Summer, 1994) In California a group of women has filed suit in federal court charging the state courts with discrimination against mothers in custody suits. The women claim that after failing to adequately protect them and their children from physically violent husbands and fathers, courts frequently award custody to these men based on a discriminatory standard... 1994
  Gender Bias Not a Cute Little Game Between the Sexes 19-JUN Montana Lawyer 11 (June, 1994) Editor's note: See the April issue of The Montana Lawyer for an article describing the personal experiences of women lawyers in Montana who have been sexually harassed. There are those who believe sexual harassment and gender bias in the legal profession will simply disappear with the passage of time, as the numbers of men and women practicing law... 1994
Geoffrey S. Yuda Gender Bias: More than 'Differing Perspectives' 16-MAR Pennsylvania Lawyer 12 (March, 1994) Imagine his surprise. When a jurist-member of Pennsylvania's Joint Task Force to Ensure Gender Fairness in the Courts returned to his home county after the group's first meeting last November, he decided to do some local research. Meeting with four female lawyers, what he got, he says, was an earful about gender bias - in his court. It's a problem... 1994
Sunny Kim Gender-related Persecution: a Legal Analysis of Gender Bias in Asylum Law 2 American University Journal of Gender & the Law 107 (Spring, 1994) The media coverage of rape camps in Bosnia and the recently discovered Japanese Army documents corroborating Japan's historical use of comfort women have focused attention on an otherwise overlooked issue in the public's consciousness: women victims of human rights persecution do not receive equal protection. This inequality exists despite... 1994
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