| Author | Title | Citation | Summary | Year |
| Eric J. Grannis |
Fighting Words and Fighting Freestyle: the Constitutionality of Penalty Enhancement for Bias Crimes |
93 Columbia Law Review 178 (January, 1993) |
St. Paul has no such authority to license one side of a debate to fight freestyle, while requiring the other to follow Marquis of Queensb[er]ry Rules, wrote Justice Scalia for the majority, striking down a cross-burning statute in R.A.V. v. City of St. Paul. Though the Court's comment was metaphorical, American attitudes regarding race are indeed... |
1993 |
| Kathleen L. Soll |
Gender Bias Task Forces: How They Have Fulfilled Their Mandate and Recommendations for Change |
2 Southern California Review of Law and Women's Studies 633 (Spring, 1993) |
In the 1970s, those seeking women's rights legislation realized that remedial laws would mean nothing without judges who could interpret, apply and enforce them with the understanding that judicial decision-making and court interaction are affected by gender bias. This realization led the National Organization for Women (NOW) Legal Defense and... |
1993 |
| Judith Resnik |
Gender Bias: from Classes to Courts |
45 Stanford Law Review 2195 (July, 1993) |
I encountered gender bias early in my teaching career. When I started teaching in large law school classes in the late 1970s, a colleague gave me what he took to be very kind advice. He said: Be careful. Don't teach in any areas associated with women's issues. Don't teach family law; don't teach sex discrimination. Teach the real stuff, the hard... |
1993 |
| Jennifer Lee Urbanski |
Georgia V. Mccollum: Protecting Jurors from Race-based Peremptory Challenges but Forcing Criminal Defendants to Risk Biased Juries |
24 Pacific Law Journal 1887 (July, 1993) |
The peremptory challenge is a jury selection procedure which gives a litigant the right to exclude particular persons from the jury without stating a reason. During jury selection the litigant, usually through their attorney, uses either a challenge for cause or a peremptory challenge to exclude prospective jurors. The critical distinction between... |
1993 |
| Barbara Allen Babcock |
Introduction: Gender Bias in the Courts and Civic and Legal Education |
45 Stanford Law Review 2143 (July, 1993) |
First cast out the beam out of thine own eye; and then shalt thou see clearly to cast out the mote out of thy brother's eye. Over the last decade, many state courts have followed the Biblical prescription for clarifying vision by investigating gender and justice within their own orbs. Panels of distinguished judges, lawyers, and academics have come... |
1993 |
| Victor Gold |
Juror Competency to Testify That a Verdict Was the Product of Racial Bias |
9 Saint John's Journal of Legal Commentary 125 (Fall 1993) |
Recent trials involving racial incidents have made it increasingly difficult to distinguish between those judicial proceedings and the conflict being waged on the streets. Verdicts, sentences, and even seemingly innocuous procedural nuances have inflamed passions, occasionally resulting in destructive civil unrest. Actions by the trial courts in... |
1993 |
| |
Panel One: Judge-jury Communications: Improving Communications and Understanding Bias |
68 Indiana Law Journal 1037 (Fall, 1993) |
Panelists: The Honorable Ladoris Hazzard Cordell, Judge, Superior Court of California for Santa Clara County Robert Rosenthal, Professor of Social Psychology, Harvard University Charles F.C. Ruff, Esq., Covington & Burling Moderator: Steven J. Adler, Esq., News Editor for Law, Wall Street Journal Mr. Adler: Thank you very much. Let me just tell you... |
1993 |
| Eric Rothschild |
Recognizing Another Face of Hate Crimes: Rape as a Gender-bias Crime |
4 Maryland Journal of Contemporary Legal Issues 231 (Spring/Summer, 1993) |
Rape is to women as lynching was to blacks: the ultimate physical threat by which all men keep all women in a state of psychological intimidation. Woman is the Nigger of the World. [Rape] is a hate crime. My objective is to give the woman every opportunity under the law to seek redress, not only criminally, but civilly. I want to raise the... |
1993 |
| Frederick M. Lawrence |
Resolving the Hate Crimes/hate Speech Paradox: Punishing Bias Crimes and Protecting Racist Speech |
68 Notre Dame Law Review 673 (1993) |
Despise evil and ungodliness, but not men of ungodliness or evil. These, understand. Not since the Nazis threatened to march in Skokie, have we focused so much on the hate crimes/hate speech paradox. How is it possible to protect victims of bias-motivated violence while also protecting the right of the racist to express his beliefs? The paradox has... |
1993 |
| Leslie G. Espinoza |
The LSAT: Narratives and Bias |
1 American University Journal of Gender & the Law 121 (Spring, 1993) |
Fred is tall, dark, and handsome, but not smart. People who are tall and handsome are popular. Popular people either have money or are smart. Joan would like to meet anyone with money. If the statements above are true, which of the following statements must also be true? I. Fred is popular. II. Fred has money. III. Fred is someone Joan would like... |
1993 |
| Hon. Shirley S. Abrahamson |
Toward a Courtroom of One's Own: an Appellate Court Judge Looks at Gender Bias |
61 University of Cincinnati Law Review 1209 (1993) |
This paper addresses feminist jurisprudence and procedure from the vantage point of an appellate court judge. Feminist jurisprudence has been defined in a number of ways. A working definition I like to use describes feminist jurisprudence as a self-consciously critical stance toward the existing order with respect to the ways it affects different... |
1993 |
| Wilma Williams Pinder |
When Will Black Women Lawyers Slay the Two-headed Dragon; Racism and Gender Bias? |
20 Pepperdine Law Review 1053 (1993) |
Racism remains the most debilitating virus in the American system and the consequences spill over into almost every facet of life. Lawyers are often analogized to knights because of the many characteristics they share. Both groups of warriors dedicate themselves to causes for which they fight. Skill and courage are essential characteristics in... |
1993 |
| Jack L. Lahr |
Bias and Prejudice Against Foreign Corporations in Patent and Other Technology Jury Trials |
2 Federal Circuit Bar Journal 405 (Winter, 1992) |
A widespread perception within the corporate communities of many industrial countries holds that they will be treated unfairly in U.S. jury trials due to the jury bias and prejudice against foreigners. Corporations from Asian-Rim countries, notably Japan, involved as defendants in patent and related technology cases express particular concerns... |
1992 |
| Abraham Abramovsky |
Bias Crime: a Call for Alternative Responses |
19 Fordham Urban Law Journal 875 (Summer, 1992) |
I was attacked because I had a beard and wore a hatjust that. I'll never be over it. I feel very sad. I feel bad that people don't know God. They don't know his unity. They don't know his love. They choose to live in a shanty rather than a mansion. Immediately afterward, he gathered up a cache of stones and stashed them beneath his car seat. If... |
1992 |
| Jeffrey L. Harrison |
Confess'n the Blues: Some Thoughts on Class Bias in Law School Hiring |
42 Journal of Legal Education 119 (March, 1992) |
I telephoned an old friend the other day at another law school. What's up? I asked. Faculty retreat, he replied. Sorry to hear it. Any topic, or just a weekend of touchy-feely? Serious business, he said. The theme is Recruiting for Diversity. One session on race, one on gender. What about classyou know, poor and working-class... |
1992 |
| Clay Hathorn |
Funding Equal Justice |
78-AUG ABA Journal 38 (August, 1992) |
In years past, some state commissions on racial and ethnic bias in the courts toiled to produce recommendations for reform that went nowhere because funding was short. But their work is getting noticed following the furor that erupted from the acquittals of four police officers charged in Rodney King's beating. Representatives of the 15 bias panels... |
1992 |
| Eric David Rosenberg |
Hate Crimes, Hate Speech and Free Speech-florida's Bias-intended Crime Statute |
17 Nova Law Review 597 (Fall, 1992) |
C1-3TABLE OF CONTENTS I. INTRODUCTION. 598 II. AN ENVIRONMENT OF HATE. 601 III. FREE SPEECH JURISPRUDENCE AND BIAS-INTENDED CRIME STATUTES: AN OVERVIEW. 606 IV. SECTION 775.085 AND THE FIRST AMENDMENT. 609 A. Recent Court Decisions. 610 B. Section 775.085 Punishes Unprotected Conduct. 614 C. Restrictions on Speech. 621 1. Time-Place-Manner... |
1992 |
| James S. Wrona |
Hernandez V. New York: Allowing Bias to Continue in the Jury Selection Process |
19 Ohio Northern University Law Review 151 (1992) |
Unbiased jury selection is of paramount importance in guaranteeing criminal defendants' equal protection rights. One controversial aspect of the jury selection process is the procedure whereby a prospective juror may be removed through the use of a peremptory challenge. There is growing concern that the use of these challenges is irreconcilable... |
1992 |
| Willy E. Rice |
Judicial Bias, the Insurance Industry and Consumer Protection: an Empirical Analysis of State Supreme Courts' Bad-faith, Breach-of-contract, Breach-of-covenant-of-good-faith and Excess-judgment Decisions, 1900-1991 |
41 Catholic University Law Review 325 (Winter, 1992) |
Introduction PART I. An Overview of Theories of Recovery in Insurance Litigation: Breach of Express Contract; Breach of an Implied Covenant of Good Faith and Fair Dealing; Independent Tort of Bad Faith; and Theory of Excess Liability (Excess Judgment) PART II. The Inconsistent Application of Legal Principles Involving First-Party Insurance A.... |
1992 |
| Daniel R. Karon |
Kicking Our Gift Horse in the Mouth-arbitration and Arbitrator Bias: its Sources, Symptoms, and Solutions |
7 Ohio State Journal on Dispute Resolution 315 (1992) |
Interest in arbitration has increased dramatically over the past decade. As a response to this interest, courts have expanded the legal status of arbitration. Although arbitration is most commonly used in the context of tort and contract proceedings, recent court decisions have expanded arbitration's scope. For instance, arbitration is now being... |
1992 |
| Martha Minow |
Stripped down like a Runner or Enriched by Experience: Bias and Impartiality of Judges and Jurors |
33 William and Mary Law Review 1201 (Summer, 1992) |
In phase one of the Senate Judiciary Committee hearings on the nomination of Clarence Thomas to serve as Associate Justice of the United States Supreme Court, Thomas testified that as a judge, You want to be stripped down like a runner, and shed the baggage of ideology. One observer commented that Thomas painted a vivid image of a man... |
1992 |
| Katherine Connor , Ellen J. Vargyas |
The Legal Implications of Gender Bias in Standardized Testing |
7 Berkeley Women's Law Journal 13 (1992) |
C1-3TABLE OF CONTENTS I. INTRODUCTION. 14 II. THE FACTUAL CONTEXT. 17 A. The Scope of the Problem. 17 1. Post-Secondary Admissions Tests. 18 2. Vocational Aptitude Tests and Interest Inventories. 21 B. Causes of Gender Differences in Test Scores. 24 1. Post-Secondary Admissions Tests. 24 2. Vocational Aptitude Tests and Interest Inventories. 27 C.... |
1992 |
| Larry Alexander |
What Makes Wrongful Discrimination Wrong? Biases, Preferences, Stereotypes, and Proxies |
141 University of Pennsylvania Law Review 149 (November, 1992) |
Introduction I. Background Assumptions II. Discrimination and Preferences A. Preferences for and Against Particular Kinds of People 1. Categorical Preferences for People: The Problem of Biases 2. Preferences for Particular Types of People as Reflections of Role Ideals 3. Personal Aversions and Attractions to Particular Types of People B.... |
1992 |
| Wendy Olson |
The Shame of Spanish: Cultural Bias in English First Legislation |
11 Chicano-Latino Law Review 1 (Spring, 1991) |
My family eats enchiladas for Christmas dinner. The menu selection has a lot to do with the fact that the enchiladas my grandfather makes taste a heckuva lot better than turkey, ham, stuffing and cranberry saucewhich most of us had too much of at Thanksgiving anyway. But a lot of it has to do with the fact that there's this dissolving Mexican... |
1991 |
| Tanya Kateri Hernandez |
Bias Crimes: Unconscious Racism in the Prosecution of "Racially Motivated Violence" |
99 Yale Law Journal 845 (January, 1990) |
Within the past four years, a perceived surge of bias crimes has seized the nation's attention. Bias crimes, physical acts of violence used as an outlet for prejudiced hostilities, are usually street crimes spontaneously committed by casual clusters of normal people on the street with very little advanced planning. This Note focuses on the... |
1990 |
| Craig Anthony (Tony) Arnold |
Ignoring the Rural Underclass: the Biases of Federal Housing Policy |
2 Stanford Law and Policy Review 191 (Spring, 1990) |
Amid the backroads and small towns of the United States, outside of public view and the consciousness of this urban-oriented society, live the rural poor. They constitute one of the most ignored elements of the U.S. population. We do not see them; we do not understand their problems; and we are not as threatened by their poverty as we are by the... |
1990 |
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Title Vii-discrimination on Basis of "Race"' or "Color"'-federal Court Recognizes Cause of Action for Intraracial Bias.-walker V. Irs, 713 F.supp. 403 (N.d.ga.1989) |
103 Harvard Law Review 1403 (April 1, 1990) |
Cases alleging racial discrimination in the workplace have most often been brought by and against members of different races or ethnic backgrounds. In Walker v. IRS, however, the United States District Court for the Northern District of Georgia recognized a discrimination claim by a light-skinned black employee against her dark-skinned black... |
1990 |
| Peter Finn |
Bias Crime: Difficult to Define, Difficult to Prosecute |
3-Sum Criminal Justice 19 (Summer, 1988) |
On a recent anniversary of Kristallnacht, the night in 1938 when German leaders ordered the destruction of Jewish-owned businesses and the country's many synagogues, Chicago vandals echoed this terror by defacing Jewish businesses and a synagogue. New York prosecutors are attempting to solve the puzzle of an alleged racial attack on a black... |
1988 |
| Deborah Ruble Round |
Gender Bias in the Judicial System |
61 Southern California Law Review 2193 (September, 1988) |
The changing role of women in the last several decades has drawn attention to the issue of gender bias in our society and its effect on our judicial system. Gender bias is defined as a tendency to think about or behave toward people primarily on the basis of their sex. In the judicial system, gender bias results in decisions or actions that are... |
1988 |
| Patricia A. Cain |
Good and Bad Bias: a Comment on Feminist Theory and Judging |
61 Southern California Law Review 1945 (September, 1988) |
Professor Judith Resnik has provided us with an elegant juxtaposition of two superficially competing theories. One cannot help but be reminded of the traditional Cartesian dualism of mind and body. Theories of judging fall on the objective (mind) side of the suggested dichotomy while feminist theory falls on the subjective (body) side. Recognizing... |
1988 |