AuthorTitleCitationSummaryYear
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
Mary Pearl Williams Partial Justice: a Study of Bias in Sentencing 53 Texas Law Review 1369 (August, 1975) As its subtitle declares, Dr. Gaylin's book studies bias in sentencing. The author is a practicing psychoanalyst, professor of law and psychiatry at Columbia Law School, and President of the Institute of Society, Ethics, and Life Sciences, Hastings-on-Hudson, New York. His credentials make him well-qualified to conduct the kind of investigation... 1975
  Supreme Court Declines to Consider Whether Due Process Requires Impartial Grand Juries on Record Presenting Speculative Evidence of Bias 111 University of Pennsylvania Law Review 1000 (May, 1963) Acting upon information uncovered by the McClellan Committee's labor racketeering hearings of 1957, the State of Washington convened a special grand jury to investigate David D. Beck. After the return of an indictment charging grand larceny, Beck moved to dismiss the bill on the ground that the impaneling judge had failed to examine the prospective... 1963
  Bias-based Cyberbullying: The next Hate Crime Frontier? 49 Criminal Law Bulletin ART 3 (No Date) Associate Professor, Department of Justice Studies, Montclair State University.  
  Dehumanization and Implicit Bias: Why Courts Should Preclude References to Animal Imagery in Criminal Trials 51 Criminal Law Bulletin ART 4 (No Date) Law clerk to the Honorable Francis M. Allegra of the United States Court of Federal Claims. J.D., University of California, Berkeley, School of Law (2014). Special thanks to Professor Mary Louise Frampton and to Allison Elgart for their invaluable advice and mentoring throughout my writing process; to James Robertson for his hard work and...  
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