| Author | Title | Citation | Summary | Year |
| 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 |
| Edward J. Shaughnessy |
Hate Speech, Bias Crime and the Law |
66-NOV New York State Bar Journal 14 (November, 1994) |
I disapprove of what you say, but I will defend to the death your right to say it. Attributed to Voltaire (1770). The phenomenon of hate speech in the 1990's has about it all the trappings of the debate over obscenity and pornography from the seizure of ULYSSES in 1933 [5 F.Suppl. 182; 72 F.2d 705] to the Miller case in 1973 [413 U.S. 15, 1933;... |
1994 |
| Lynn K. Rhinehart |
Is There Gender Bias in the Judicial Law Clerk Selection Process? |
83 Georgetown Law Journal 575 (December, 1994) |
Judicial clerkships open the door to a world of opportunities for recent law school graduates. Clerkships provide the opportunity to learn about legal practice, particularly litigation, from those individuals responsible for determining the fate of cases brought in the courts. Clerkships also allow young lawyers to develop mentoring relationships... |
1994 |
| Donald C. Nugent |
Judicial Bias |
42 Cleveland State Law Review Rev. 1 (1994) |
I. Introduction. 2 II. Perception and the Decision-Making Process. 4 A. An Illustration of the Problem of Perception. 8 B. The Influence of Schemata on Perception and Decision-Making. 12 1. Attention. 12 2. Adaptation. 14 3. Organization. 17 III. Judicial Disqualification and Recusal Standards. 20 A. Disqualification of a Federal Judge. 22 B.... |
1994 |
| O. Marie Palachuk |
Malicious Harassment Statutes: a Constitutional Fight Against Bias-motivated Crime |
29 Gonzaga Law Review 359 (1993/1994) |
Lawyers are the protectors and advocates for those who commit bias-motivated or hate crimes. In different capacities, lawyers legislate, advocate and adjudicate to protect the rights of all Americans. Unfortunately, nearly 30 years after the civil riots of the 1960s, we are perhaps still just as embroiled in inequality and hatred as we were... |
1994 |
| A. Yasmine Rassam |
Mother, "Parent," and Bias |
69 Indiana Law Journal 1165 (Fall, 1994) |
Two women, Anna and Crispina, called on a California court in 1991 to determine which one of them was the legal mother of a newborn child. After carrying Crispina's and her husband's embryo to term, Anna asked the court to declare her the mother of the newborn. Faced with a case of first impression and no statutory definition of mother, the... |
1994 |
| Steven Bennett Weisburd , Brian Levin |
On the Basis of Sex: Recognizing Gender-based Bias Crimes |
5 Stanford Law and Policy Review 21 (Spring, 1994) |
Well, maybe the Wisconsin legislature thought that there weren't any misogynists in Wisconsin. --Chief Justice William Rehnquist (question at oral argument in Wisconsin v. Mitchell regarding counsel's argument that Wisconsin's bias crime law was under-inclusive because it failed to include gender). Until women as a class have the same protection... |
1994 |
| David E. Neely |
Pedagogy of Culturally Biased Curriculum in Public Education: an Emancipatory Paradigm for Afrocentric Educational Initiatives |
23 Capital University Law Review 131 (1994) |
No pedagogy which is truly liberating can remain distant from the oppressed by treating them as unfortunates and by presenting for their emulation models from among the oppressors. Every abuse ought to be reformed unless the reform is more dangerous than the abuse itself. To foresee future objective alternatives and to be able by deliberation... |
1994 |
| Hans F. Bader |
Penalty Enhancement for Bias-based Crimes: Wisconsin V. Mitchell, 113 S.ct. 2194 (1993) |
17 Harvard Journal of Law & Public Policy 253 (Winter, 1994) |
In 1992, in R.A.V. v. St. Paul the Supreme Court cast doubt on the constitutionality of hate crimes statutes, laws that punish speech and conduct deemed to display bias on the basis of specified characteristics, such as race, color, ethnicity, religion, national origin, sex, disability, or sexual orientation. The R.A.V. Court struck down a St.... |
1994 |
| Arline S. Tyler and Steven Montano |
State Panels Document Racial, Ethnic Bias in the Courts |
78 Judicature 154 (November-December 1994) |
Investigative bodies have been established in 18 states to study the quality of justice accorded to racial and ethnic minorities. These task forces and commissions form the National Consortium of Task Forces and Commissions on Racial and Ethnic Bias in the Courts. As stated in its bylaws, the consortium provide[s] participating groups an... |
1994 |
| Eva S. Nilsen |
The Criminal Defense Lawyer's Reliance on Bias and Prejudice |
8 Georgetown Journal of Legal Ethics Ethics 1 (Fall, 1994) |
Criminal defense lawyers are frequently required to utilize legal strategies that are morally repugnant because they perpetuate racial, gender, or cultural stereotypes. They know that legal and factual argument often persuades to the degree it piggybacks on the existing prejudices of a listener. A lawyer may, for example, explain or mitigate a... |
1994 |
| John C. Coughenour, Proctor Hug, Jr., Marilyn H. Patel, Terry W. Bird, Deborah R. Hensler, PH.D., M. Margaret McKeown, Judith Resnik, Henry Shields, Jr., Chair U.S. District Court, W.D. Wash., U.S. Court of Appeals, Ninth Circuit, U.S. District Court, N.D |
The Effects of Gender in the Federal Courts; the Final Report of the Ninth Circuit Gender Bias Task Force |
67 Southern California Law Review 745 (May, 1994) |
L1-2Preface: The Honorable John C. Coughenour 757 L1-2The Quality of Justice: The Honorable Sandra Day O'Connor 759 C1-3PART ONE: INTRODUCTION I. The Task Force's Mandate. 763 A. The Study of Gender and the Courts. 763 B. The Research Approach. 766 C1-3PART TWO: THE COURTS, LAWYERS, AND LITIGANTS II The Roles of Women and Men in the Ninth Circuit:... |
1994 |
| Henry J. Reske |
The High Cost of Bias |
80-JUN ABA Journal 80 (June, 1994) |
A continuing failure to reduce racial and ethnic bias in the justice system poses a challenge to the idea of the rule of law, the new head of the U.S. Department of Justice's Civil Rights Division told a recent ABA gathering. Assistant Attorney General Deval Patrick was among the speakers at the conference, titled Achieving Justice in a Diverse... |
1994 |
| Kittie D. Warshawsky |
The Judicial Canons: a First Step in Addressing Gender Bias in the Courtroom |
7 Georgetown Journal of Legal Ethics 1047 (Spring, 1994) |
I don't have to talk to you, little lady. . . . . Tell that little mouse over there to pipe down. As these quotes from a recent case attest, examples of gender-biased conduct abound. Although most examples of gender bias are not reported in judicial decisions, many examples of this behavior have been detailed in task force reports on gender bias... |
1994 |
| Frederick M. Lawrence |
The Punishment of Hate: Toward a Normative Theory of Bias-motivated Crimes |
93 Michigan Law Review 320 (November, 1994) |
Implicit within every penal relation and every exercise of penal power there is a conception of social authority, of the (criminal) person, and of the nature of the community or social order that punishment protects and tries to re-create. America, on the whole, has been a staunch defender of the right to be the same or different, although it has... |
1994 |
| Hon. Harold Hood |
The Race/ethnic Bias Task Force Four Years Later-looking Back |
73 Michigan Bar Journal 267 (March, 1994) |
In what is no longer recent history, the Supreme Court Task Force on Racial/Ethnic Issues in the Courts rendered its final report on December 19, 1989. The report concluded, inter alia, that there is evidence that bias does occur with disturbing frequency at every level of the legal profession and court system. Such findings, we now know, are not... |
1994 |
| |
2. Penalty Enhancement for Bias-motivated Crimes |
107 Harvard Law Review Association 234 (November, 1993) |
Increasingly aware of the prevalence of racist speech and bias crime across the nation, federal, state, and local governments have enacted hate speech and hate crime laws. Last year, in R.A.V. v. City of St. Paul, the Supreme Court held that one hate speech initiative, the St. Paul Bias-Motivated Crime Ordinance, violated the First Amendment. In... |
1993 |
| Linda G. Mills |
A Calculus for Bias: How Malingering Females and Dependent Housewives Fare in the Social Security Disability System |
16 Harvard Women's Law Journal 211 (Spring, 1993) |
You can have angina and have sort of phantom angina. . . . Her complaints have . . . given her a way out: when she gets tired she can always say she has pain. Let's be frank. The two Social Security disability programs, Disability Insurance (DI) and Supplemental Security Income (SSI) (the disability programs) are basic staples of the United... |
1993 |
| Larry Smith |
Age, Other Bias Suits May Force More Standardization |
12 No. 2 Of Counsel 2 (January 18, 1993) |
Our single largest growth area last year was law firms, says employment attorney Ronald Green, of New York's Epstein Becker & Green. Green is talking about age bias, sex bias, and other employment-related litigation that has made American industry such rich grazing land for labor lawyers, both litigators and counselors. It's particularly... |
1993 |
| Abraham Abramovsky |
Bias Crime: Is Parental Liability the Answer? |
1992/1993 Annual Survey of American Law 533 (November, 1993) |
Bias crimes are words or actions intended to intimidate or injure a person because of race, religion, ethnicity, gender or sexual orientation. Despite notoriety of a few well-publicized incidents, most reported bias attacks remain relatively unknown. The public's failure to pay close attention to bias crimes is a symptom of the increasing racial... |
1993 |
| Brian Levin |
Bias Crimes: a Theoretical & Practical Overview |
4 Stanford Law and Policy Review 165 (Winter 1992/1993) |
In September 1990, President Bush observed: Today some Americans are the victims of appalling acts of hatred. And this is a sad irony that while our brave soldiers are fighting aggression overseas, a few hate mongers here at home are perpetrating their own brand of cowardly aggression. These hate crimes have no place in a free society and we are... |
1993 |
| Gary Peller |
Criminal Law, Race, and the Ideology of Bias: Transcending the Critical Tools of the Sixties |
67 Tulane Law Review 2231 (June, 1993) |
I. Introduction. 2231 II. Criminal Law as Proceduralism. 2234 III. Racism as Discrimination. 2245 IV. Conclusion: A Nationalist Alternative. 2248 |
1993 |
| Karen Czapanskiy |
Domestic Violence, the Family, and the Lawyering Process: Lessons from Studies on Gender Bias in the Courts |
27 Family Advocate 247 (Summer, 1993) |
For almost a decade, judges and lawyers have been studying gender bias in state courts. Study commissions have issued reports in more than a third of the states, and additional studies are underway. More recently, federal courts have begun studies into gender bias. The Ninth Circuit issued a report in 1992, and the D.C. Circuit has begun its study.... |
1993 |