| Author | Title | Citation | Summary | Year |
| 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 |
| Jens Frankenreiter, Michael A. Livermore |
ARE LAWYERS' CASE SELECTION DECISIONS BIASED? A FIELD EXPERIMENT ON ACCESS TO JUSTICE |
52 Journal of Legal Studies 273 (June, 2023) |
The attorney-client relationship is pivotal in providing access to courts. This paper presents results from a large-scale field experiment exploring how demographic information (encoded in potential clients' names) affects how attorneys respond to initial inquiries in private injury cases. On the basis of prior literature, we hypothesize that race... |
2023 |
| Luca CM Melchionna |
BIAS AND FAIRNESS IN ARTIFICIAL INTELLIGENCE |
95-AUG New York State Bar Journal 29 (July/August, 2023) |
An attorney has taken on a multifaceted case and can't decide whether to use artificial intelligence to meet discovery demands involving 100,000 sensitive documents (see Attorney Professionalism Forum on page 52). While AI can save money by selecting only the most pertinent documents, the lawyer does not want to risk the client's privacy by... |
2023 |
| Dorothea Endres , Luisa Hedler , Kebene Wodajo |
BIAS IN SOCIAL MEDIA CONTENT MANAGEMENT: WHAT DO HUMAN RIGHTS HAVE TO DO WITH IT? |
117 AJIL Unbound 139 (2023) |
In a global context where political campaigning, social movements, and public discourse increasingly take place online, questions regarding the regulation of speech by social media platforms become ever more relevant. Companies like Facebook moderate content posted by users on their platforms through a mixture of automated decision making and human... |
2023 |
| Maytal Gilboa |
BIASED BUT REASONABLE: BIAS UNDER THE COVER OF STANDARD OF CARE |
57 Georgia Law Review 489 (Winter, 2023) |
Inequities in the healthcare distribution are widely acknowledged to plague the United States healthcare system. Controversies as to whether antidiscrimination law allows individuals to bring lawsuits with respect to implicit rather than intentional bias render negligence law an important avenue for redressing harms caused by implicit bias in... |
2023 |
| Hillel J. Bavli |
CHARACTER EVIDENCE AS A CONDUIT FOR IMPLICIT BIAS |
56 U.C. Davis Law Review 1019 (February, 2023) |
The Federal Rules of Evidence purport to prohibit character evidence, or evidence regarding a defendant's past bad acts or propensities offered to suggest that the defendant acted in accordance with a certain character trait on the occasion in question. However, courts regularly admit character evidence through an expanding set of legislative and... |
2023 |
| Stephanie A. Cardenas, John Jay College of Criminal Justice, City University of New York, Department of Psychology, Williams College |
CHARGED UP AND ANCHORED DOWN: A TEST OF TWO PATHWAYS TO JUDGMENTAL AND DECISIONAL ANCHORING BIASES IN PLEA NEGOTIATIONS |
29 Psychology, Public Policy, and Law 435 (November, 2023) |
Prosecutors sometimes threaten defendants with disproportionately severe potential trial sentences (PTS) to coerce their plea acceptance. Three experiments tested whether the PTS act as an anchor that biases evaluations of the plea deal at deep (vs. shallow) processing level by encouraging asymmetric consideration of information consistent--but not... |
2023 |
| Lori N. Ross |
CHILDBEARING UNDER UNBEARABLE CIRCUMSTANCES: THE IMPORTANCE OF ABORTION BAN EXCEPTIONS FOR VICTIMS OF SEXUAL VIOLENCE AND THE CURRENT BIAS AGAINST SEX TRAFFICKING VICTIMS |
52 University of Baltimore Law Review 251 (Spring, 2023) |
I. INTRODUCTION. 253 II. SEMINAL U.S. SUPREME COURT PRECEDENT ON ABORTION. 257 A. Roe v. Wade. 258 B. Dobbs v. Jackson Women's Health Organization. 266 1. The Majority Opinion. 266 2. The Dissenting Opinion. 278 III. THE LEGAL LANDSCAPE OF ABORTION POST-DOBBS. 288 A. Federal Action: Presidential Executive Orders. 288 1. First Executive Order:... |
2023 |
| Laura Smalarz, Rose E. Eerdmans, Megan L. Lawrence, Kylie Kulak, Jessica M. Salerno, School of Social and Behavioral Sciences, Arizona State University |
COUNTERINTUITIVE RACE EFFECTS IN LEGAL AND NONLEGAL CONTEXTS |
47 Law and Human Behavior 119 (February, 2023) |
Objective: Despite documented racial disparities in all facets of the criminal justice system, recent laboratory attempts to investigate racial bias in legal settings have produced null effects or racial-bias reversals. These counterintuitive findings may be an artifact of laboratory participants' attempts to appear unprejudiced in response to... |
2023 |
| Keith Cunningham-Parmeter |
DISCRIMINATION BY ALGORITHM: EMPLOYER ACCOUNTABILITY FOR BIASED CUSTOMER REVIEWS |
70 UCLA Law Review 92 (June, 2023) |
From Uber to Home Depot to Starbucks, companies are increasingly asking customers to rate workers. Gathering data from these ratings, many firms utilize algorithms to make employment decisions. The proliferation of customer ratings raises the possibility that some customers may review workers negatively for racist, sexist, or other illegal reasons.... |
2023 |
| Arthur S. Leonard |
DISTRICT COURT REJECTS CONSTITUTIONAL CHALLENGE TO FEDERAL HATE CRIME PROSECUTION IN ANTI-LGBTQ+ BIAS CASE |
2023 LGBT Law Notes 11 (February, 2023) |
Chief U.S. District Judge Brian Morris rejected John Russell Howald's argument that Howald could not be prosecuted for violating the federal Hate Crimes Prevention Act (HCPA), 18 USC Sec. 249 (a)(2), because, he argued, it exceeds Congress's power under the Commerce Clause to federalize criminal law. United States v. Howald, 2023 WL 35049, 2023... |
2023 |
| Dushiyanthini (Toni) Kenthirarajah , Nicholas P. Camp , Gregory M. Walton , Aaron C. Kay , Geoffrey L. Cohen |
DOES "JAMAL" RECEIVE A HARSHER SENTENCE THAN "JAMES"? FIRST-NAME BIAS IN THE CRIMINAL SENTENCING OF BLACK MEN |
47 Law and Human Behavior 169 (February, 2023) |
Objective: Using archival and experimental methods, we tested the role that racial associations of first names play in criminal sentencing. Hypotheses: We hypothesized that Black defendants with more stereotypically Black names (e.g., Jamal) would receive more punitive sentences than Black defendants with more stereotypically White names (e.g.,... |
2023 |
| |
ELECTION LAW--REDISTRICTING--WISCONSIN SUPREME COURT ADOPTS NEW ELECTION MAPS THAT CHANGE EXISTING DISTRICTS LEAST, REGARDLESS OF PARTISAN BIAS.--JOHNSON v. WISCONSIN ELECTIONS COMMISSION, 972 N.W.2D 559 (WIS. 2022) |
136 Harvard Law Review 998 (January, 2023) |
When political deadlock prevents a state from redistricting, the job falls to courts. It is an uncomfortable assignment, and judges have differed widely over how to tackle it. Recently, in Johnson v. Wisconsin Elections Commission (Johnson III), the Wisconsin Supreme Court was forced to redistrict in the legislature's stead. Reaffirming the... |
2023 |
| Julia L. Ernst |
ELIMINATING BIAS AGAINST LGBTQ+ LEGAL PROFESSIONALS: CONTINUING THE CONVERSATION |
98 North Dakota Law Review 187 (2023) |
In the spring of 2022, the University of North Dakota School of Law hosted a continuing legal education (CLE) program on Eliminating Bias against LGBTQ+ Legal Professionals, sponsored by two law student organizations along with the Women Lawyers Section of the State Bar Association of North Dakota (SBAND). This piece provides a transcript of... |
2023 |
| Lieutenant Colonel Susan E. Upward, USMC |
EMPANELING "FAIR AND IMPARTIAL" MEMBERS: THE CASE FOR INCLUSION OF AN IMPLICIT BIAS INSTRUCTION AT COURTS-MARTIAL |
32 Southern California Review of Law & Social Justice 333 (Spring, 2023) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 334 II. BACKGROUND. 335 A. Fifty Years of Documented Research Pointing to Racial Bias. 335 1. Post-World War II: Racial Integration of the Armed Forces 2. The Twenty-First Century: Racial Disparity Persists in the Military. 336 III. ISSUE. 340 A. Defining Implicit Bias. 340 B. Recognizing the Implicit Bias... |
2023 |
| Ryan J. Fitzgerald , Colin G. Tredoux , Stefana Juncu |
ESTIMATION OF EYEWITNESS ERROR RATES IN FAIR AND BIASED LINEUPS |
47 Law and Human Behavior 463 (August, 2023) |
Objective: The risk of mistaken identification for innocent suspects in lineups can be estimated by correcting the overall error rate by the number of people in the lineup. We compared this nominal size correction to a new effective size correction, which adjusts the error rate for the number of plausible lineup members. Hypotheses: We hypothesized... |
2023 |
| Evan D. Beecher, Joanne Braddock Lambert, Nathan A. Searcy, John A. Snyder |
HOW IMPLICIT BIAS TRAINING IN THE REAL ESTATE INDUSTRY CAN ACHIEVE ENHANCED EFFECTIVENESS |
39 Practical Real Estate Lawyer 24 (Jul-23) |
In recent years, the nation has made efforts to raise awareness of implicit bias in the workplace. Several states, such as California and New York, now require real estate professionals to complete implicit or unconscious bias training courses as part of their pre-licensing or continuing education requirements. Much of this training has routinely... |
2023 |
| John L. Shahdanian II , Asaad K. Siddiqi , Valentina Scirica |
IMPLICIT BIAS |
342-JUN New Jersey Lawyer, the Magazine 50 (June, 2023) |
On Jan. 31, the New Jersey Appellate Division addressed issues of first impression when it rendered its decision in State of New Jersey v. William L. Scott. The Appellate Division held for the first time that implicit bias can be a basis for establishing a prima facie case of police discrimination under the burden-shifting standard adopted in the... |
2023 |
| Wayne J. Boehle, Ana M. Sambold |
IMPLICIT BIAS--NOT A NEW CONCERN FOR ATTORNEYS |
45-FEB Los Angeles Lawyer 34 (February, 2023) |
Assembly Bill 242 mandating that the State Bar of California enact rules incorporating the topic of implicit bias and bias-reducing strategies into its MCLE curriculum for all attorneys took effect January 31, 2023. At least two hours of credit are required for the elimination of bias--one hour at a minimum to focus on implicit bias and the... |
2023 |
| Caden Pociask |
IN THE BEST INTERESTS OF WHOM?: AN ANALYSIS OF JUDICIAL BIAS IN CUSTODY DISPUTES INVOLVING TRANSGENDER CHILDREN |
98 Indiana Law Journal 1275 (Spring, 2023) |
Anti-transgender discrimination and bias loom large in many areas of our society, but perhaps one of the most concerning settings is within the four walls of a courtroom. Evidence suggests that judicial decision making in custody determinations involving transgender children are influenced by anti-transgender bias. In this Note, I examine the... |
2023 |
| Alicia R. Jackson |
INHERENTLY UNEQUAL: THE EFFECT OF STRUCTURAL RACISM AND BIAS ON K-12 SCHOOL DISCIPLINE |
88 Brooklyn Law Review 459 (Winter, 2023) |
The true character of society is revealed in how it treats its children.-- Nelson Mandela Overly harsh and discriminatory school discipline policies and biased decision-making practices have led to the disproportionate punishment of Black children, causing them to be excluded from classroom learning and creating a separate and unequal education... |
2023 |
| Keri S. Turner |
IT'S ALL IN YOUR HEAD: A LEGAL ANALYSIS OF JUROR BIAS AGAINST MENTALLY ILL CRIMINAL DEFENDANTS AND HOW DEFENSE ATTORNEYS CAN MITIGATE IT |
23 Journal of Law in Society 101 (Winter 2023) |
C1-2CONTENTS Abstract. 101 Introduction. 102 i. Background. 103 A. General Definition of Bias. 103 B. Bias Towards Mental Illness. 104 C. Jury Bias. 106 D. Bias Towards Mental Illness in Juries. 107 ii. Mitigating Bias Towards Mental Illness in Juries. 108 A. For-Cause Dismissal of Jurors. 108 1. Current Law. 108 2. Proposed Law: For-Cause... |
2023 |
| Hamra Ahmad, Jacqueline Franchetti, Linda Lopez, Dr. Carolyn Springer, Shain Filcher, Rachel Braunstein, DIRECTOR OF LAW AND POLICY, HER JUSTICE, EXECUTIVE DIRECTOR & KYRA'S MOM, KYRA'S CHAMPIONS, DEPUTY DIRECTOR OF THE LEGAL CENTER, SANCTUARY FOR FAMILIE |
KEYNOTE PANEL 2: HOW BIAS MANIFESTS IN NEW YORK STATE'S FAMILY LAW SYSTEM |
44 Columbia Journal of Gender and Law 76 (Fall, 2023) |
Good morning. My name is Hamra Ahmad, and I am the director of Law and Policy at Her Justice. I will introduce our panelists in just a moment. Over the past several years we have seen increased attention surrounding the devastating consequences of bias in the criminal justice system, and litigants, survivors, practitioners, and other stakeholders... |
2023 |
| Rebecca C. Ying, Andrew M. Smith, Gary L. Wells, Department of Psychology, Iowa State University |
LAY (MIS)PERCEPTIONS OF SUSPECT-IDENTIFICATION ACCURACY FROM BIASED AND UNBIASED LINEUPS |
29 Psychology, Public Policy, and Law 288 (August, 2023) |
Suspect identifications from unbiased lineups (fair lineups) are more accurate than suspect identifications from biased lineups (Wixted & Wells, 2017). We examined whether laypersons were sensitive to the fact that suspect-identification accuracy is higher for unbiased than for biased lineups. Laypersons were presented with biased and unbiased... |
2023 |
| Allison E. Lloyd, Erika N. Fountain, Psychology Department, University of Maryland |
MEASURING TRANS YOUTHS' PERCEPTIONS OF POLICE AND POLICE BIAS: EXPLORING THE USE OF THE PERCEPTIONS OF POLICE SCALE |
29 Psychology, Public Policy, and Law 336 (August, 2023) |
Recently there have been record-breaking increases in policies prohibiting, and even some proposals to criminalize, normative behavior of gender-diverse youth. These policies inherently expand law enforcement's surveillance of trans and gender-expansive youth. Despite this, we know very little about how trans and gender-expansive youth perceive the... |
2023 |