AuthorTitleCitationSummaryYear
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
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
  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
Judith Resnik On the Bias: Feminist Reconsiderations of the Aspirations for Our Judges 61 Southern California Law Review 1877 (September, 1988) L1-2Introduction: A Dialogue Between Traditions 1879. I. The Received Tradition. 1881 II. The Far More Complex Reality. 1887 A. The Realities of the Rules. 1887 1. The Practice of Disqualification: Who Determines Who Shall Judge. 1887 2. The Rule of Necessity: In Theory, Not a Share of Stock; In Practice, One's Entire Salary. 1890 3. Timing Is... 1988
  Vi. Racial Bias and Prosecutorial Conduct at Trial 101 Harvard Law Review 1588 (May, 1988) One of the most visible ways in which racial prejudice can enter the criminal process is through the manner in which the prosecutor presents her case at trial. The background legal standard is a simple one: the prosecutor may not appeal to racial prejudice during the course of her argument or presentation of a case. To do so would violate the... 1988
Captain Bernard P. Ingold, Defense Appellate Division Discovering and Removing the Biased Court Member 1986-JAN Army Lawyer 32 (January, 1986) One of the paramount responsibilities of the defense counsel is to implement his or her client's right to be tried by an impartial panel. To effectively discharge this responsibility, counsel must obtain information about prospective court members' attitudes and beliefs, and exercise sound judgment in making challenges. The purpose of this article... 1986
Robert G. Bagnall, Patrick C. Gallagher, Joni L. Goldstein Burdens on Gay Litigants and Bias in the Court System: Homosexual Panic, Child Custody, and Anonymous Parties 19 Harvard Civil Rights-Civil Liberties Law Review 497 (Summer, 1984) Despite the influence of the gay rights movement in recent years, few would deny that there remains much hostility toward gays in our society. Much of this hostility stems from widespread ignorance. Gays, unlike other minorities, are able to conceal their distinguishing characteristic from others, and often choose to do so because of the animosity... 1984
Debra A. Stegura The Biases of Customers in a Host Country as a Bona Fide Occupational Qualification: Fernandez V. Wynn Oil Co. 57 Southern California Law Review 335 (January, 1984) The United States Court of Appeals for the Ninth Circuit stated in Fernandez v. Wynn Oil Co. that under Title VII of the Civil Rights Act of 1964, the preferences of customers in a foreign country to deal with male business representatives do not justify a domestic corporation's refusal to hire women for those positions. Before that statement, no... 1984
Nancy Lewis Alvarez Racial Bias and the Right to an Impartial Jury: a Standard for Allowing Voirdire Inquiry 33 Hastings Law Journal 959 (March, 1982) The goal of juror impartiality embraced by the sixth amendment is not easily defined or achieved because most individuals hold prejudices that obstruct their ability to render a fair and impartial judgment. These prejudices may be characterized as either actual bias, based on a reaction to a specific circumstance, or bias implied by law, arising... 1982
Hans Zeisel Race Bias in the Administration of the Death Penalty: the Florida Experience 95 Harvard Law Review 456 (December, 1981) TWICE in the past fifteen years, federal courts of appeals have been urged to reverse death sentences on the ground that the death penalty was administered along racially discriminatory lines. The first time, in Maxwell v. Bishop, a petitioner submitted data to show discrimination against black offenders. The second time, in Spinkellink v.... 1981
David Kaye Searching for Truth about Testing 90 Yale Law Journal 431 (December, 1980) Irma: People always ring the doorbell when I cannot hear it because I am wearing stereo headphones. Maude: You must be able to hear it; otherwise you could not tell anyone was ringing it. Maude's response shows that she had assumed that (A) the doorbell does not ring when Irma is wearing headphones (B) Irma's visitors never ring the doorbell unless... 1980
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