| Author | Title | Citation | Summary | Year |
| Ted A. Donner, J.D., Richard K. Gabriel |
§ 32:1.Significance of questions concerning racial bias |
Jury Selection Strategy and Science § 32:1 (2020) |
There is a difference between racism on the part of attorneys and racial bias among jurors. As Justice Kennedy found in his concurring opinion in J.E.B. v. Alabama: We do not prohibit racial and gender bias in jury selection only to encourage it in jury deliberations. Once seated, a juror should not give free rein to race or gender bias of his or... |
2020 |
| Ted A. Donner, J.D., Richard K. Gabriel |
§ 32:2.Questioning about Gender Bias |
Jury Selection Strategy and Science § 32:2 (2020) |
Gender bias, like racism, plays a problematic role in any group dynamic. But, unlike racism, the idea that men and women are different" remains an idea which many embrace and which thus still maintains a foothold both in life experience and in the academic literature. However biased such views may be |
2020 |
| Roger Park, Tom Lininger |
§ 6.2 IDEOLOGICAL BIAS |
Aspen Publishers § 6.2 (2020) |
The term ideological bias refers to general ideas and preconceptions that might cause a witness to favor or disfavor a party. The crucial question is whether general ideological bias manifests itself in aversion or sympathy with respect to a particular party. Perhaps the plainest example of bias is racism. A witness who generally harbors enmity... |
2020 |
| Lisa Blue, Ph.D., J.D. and , Robert B. Hirschhorn, J.D. |
Appendix K. Peremptory Challenges and Implicit Bias: Inherent Conflicts in How the Justice System Struggles With Racism |
Blue's Guide to Jury Selection APP K (2020) |
In August, 2016, a New York Supreme Court considered whether Time Warner should be allowed to request footage from investigations conducted by the New York City Police Department. Their stated goal was to discover how pervasive racial bias was within the department and its impact on the ways in which investigations were being conducted: Video... |
2020 |
| Candace White |
BIAS AND GUILT BEFORE INNOCENCE: HOW THE AMERICAN CIVIL LIBERTIES UNION SEEKS TO REFORM A SYSTEM THAT PENALIZES INDIGENT DEFENDANTS |
83 Albany Law Review 657 (2019-2020) |
For decades, the United States has debated the concept of a money-bail system, which has been documented to disenfranchise individuals of lower socioeconomic statuses. Because the accused's financial status is often not assessed during bail and arraignment hearings, judges often set bail in excess of the defendant's financial means. As a result,... |
2020 |
| Brooks Holland |
CONFRONTING THE BIAS DICHOTOMY IN JURY SELECTION |
81 Louisiana Law Review 165 (Fall, 2020) |
C1-3Table of Contents Introduction. 166 I. The Bias Dichotomy. 174 II. The Failed Batson Solution. 186 III. A Cautious Defense of the Peremptory Challenge. 194 IV. Confronting the Bias Dichotomy . Again: Washington GR 37. 204 Conclusion: Looking Forward. 213 |
2020 |
| Jonathan Cardi , Valerie P. Hans , Gregory Parks |
DO BLACK INJURIES MATTER?: IMPLICIT BIAS AND JURY DECISION MAKING IN TORT CASES |
93 Southern California Law Review 507 (March, 2020) |
They say that black lives matter, but how much relative to white lives? Political activists and legal theorists have debated whether the injuries suffered by African Americans are devalued relative to the injuries of whites. This study is one of the first comprehensive experimental examinations of how race affects judgments of tort injuries. We... |
2020 |
| Frank Harty, Haley Hermanson |
IMPLICIT BIAS EVIDENCE: A COMPENDIUM OF CASES AND ADMISSIBILITY MODEL |
68 Drake Law Review 1 (2020) |
Implicit bias theory suggests a person's thoughts and actions are influenced by subconscious racist tendencies. While this is hardly a novel concept, its popularity and celebrity have skyrocketed in recent years--attributable in no small part to the so-called Implicit Association Test (IAT) which is available online. Scholars and scientists have... |
2020 |
| Charles R. Lawrence III |
IMPLICIT BIAS IN THE AGE OF TRUMP: BIASED: UNCOVERING THE HIDDEN PREJUDICE THAT SHAPES WHAT WE SEE, THINK, AND DO. BY JENNIFER L. EBERHARDT. NEW YORK, N.Y.: VIKING. 2019. PP. 340. $28.00 |
133 Harvard Law Review 2304 (May, 2020) |
We inhabit a nomos--a normative universe. We constantly create and maintain a world of right and wrong, of lawful and unlawful, of valid and void. No set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning. --Robert Cover I am watching a video of Donald Trump, the forty-fifth President of the... |
2020 |
| Marcus Lind-Martinez |
LATINIDAD, WHITE SUPREMACY, AND REFORMING FIRST-YEAR MOOT COURT COMPETITIONS TO CONFRONT RACIAL AND ETHNIC BIAS |
23 Harvard Latinx Law Review 125 (Spring, 2020) |
I. Framing the Moot Court Experience with Narrative. 125 II. Critical Analysis of First-Year Moot Court Competitions. 128 A. The Brief. 129 B. May it Please the Court. 131 C. Your Honor. 133 D. Ridiculous. 135 III. Reflections on the First-Year Curriculum. 138 A. Building Cultural Competency and Empathy. 138 B. Developing Anti-Racist Methods... |
2020 |
| Walter I. Gonçalves, Jr. |
NARRATIVE, CULTURE, AND INDIVIDUATION: A CRIMINAL DEFENSE LAWYER'S RACE-CONSCIOUS APPROACH TO REDUCE IMPLICIT BIAS FOR LATINXS |
18 Seattle Journal for Social Justice 333 (Spring, 2020) |
When a criminal defense attorney is assigned a case and shows up at the first court appearance, more often than not the client will be of color. Depending on the region, the client has a greater chance of being African American, Latinx, or Native American compared to white. This is true for most federal district courts in the United States. To make... |
2020 |
| Irene Oritseweyinmi Joe |
REGULATING IMPLICIT BIAS IN THE FEDERAL CRIMINAL PROCESS |
108 California Law Review 965 (June, 2020) |
Like other supervisory lawyers, federal judges have twin responsibilities. They must comport with ethical and professional rules that govern their own behavior while simultaneously monitoring other attorneys to ensure they are not violating similarly controlling rules. The judicial robe, however, adds an extra dimension of responsibility in the... |
2020 |
| Christine Kumar |
THE AUTOMATED TIPSTER: HOW IMPLICIT BIAS TURNS SUSPICION ALGORITHMS INTO BBQ BECKYS |
72 Federal Communications Law Journal 97 (May, 2020) |
C1-3Table of Contents I. Introduction. 98 II. The Wrongful Mobilization of the Police: How Implicit Bias in Humans and Technologies can Influence Policing. 101 A. Implicit Bias in Human and Police Interactions. 102 B. Big Data, Machine Learning and the Police. 104 III. Legal Mechanisms that can Protect Against Implicit Bias in Police-Used Machine... |
2020 |
| Hon. Pamela J. White |
THIRTY YEARS LATER: RECALLING THE GENDER BIAS REPORT AND ASKING "WHAT'S NEXT?" IN THE LEGAL PROFESSION |
80 Maryland Law Review Online 13 (2020) |
The front-page newspaper headlines on May 4, 1989 were jolting to read: Sex Bias Pervades Md. Courts, Panel Finds: Discrimination Reported by Litigants, Judicial Candidates Alike; Sex bias in courts found to hurt women the most,; Gender Bias Is Widespread in Md. Courts, Study Finds: Committee Urges End to Sex Discrimination; Study finds... |
2020 |
| Molly Griffard |
A Bias-free Predictive Policing Tool?: an Evaluation of the Nypd's Patternizr |
47 Fordham Urban Law Journal 43 (December, 2019) |
Introduction. 44 I. Background on Predictive Policing. 46 A. A Short History of Predictive Policing. 47 B. Critiques of Predictive Policing and Actuarial Justice. 49 i. Racial Biases. 49 ii. Unchecked Error: Data, Social Science, and Cognitive Biases. 52 1. Data Entry Errors. 53 2. Flawed Social Science. 53 3. Cognitive Biases. 54 iii.... |
2019 |
| Cynthia M. Ho |
A Dangerous Concoction: Pharmaceutical Marketing, Cognitive Biases, and First Amendment Overprotection |
94 Indiana Law Journal 773 (Summer, 2019) |
This Article argues that pharmaceutical marketing to doctors should be more critically evaluated and entitled to less First Amendment protection, contrary to a trend dating back to the Supreme Court's 2011 decision in Sorrell. In particular, the Article argues that more information to doctors in the form of pharmaceutical marketing does not... |
2019 |
| Alisa Micu |
Addressing Racial Bias in the Jury System: Another Failed Attempt? |
35 Georgia State University Law Review 843 (Spring, 2019) |
A long-standing rule of evidence, Rule 606(b), also referred to as the no-impeachment rule, establishes that testimony of jurors regarding events in deliberations cannot be used to question the validity of a verdict. Courts have held that the no-impeachment rule is the general tenet governing the use of juror testimony when a defendant seeks a new... |
2019 |
| Joseph J. Avery |
An Uneasy Dance with Data: Racial Bias in Criminal Law |
93 Southern California Law Review Postscript 28 (June, 2019) |
Businesses and organizations expect their managers to use data science to improve and even optimize decisionmaking. The founder of the largest hedge fund in the world has argued that nearly everything important going on in an organization should be captured as data. Similar beliefs have permeated medicine. A team of researchers has taken over 100... |
2019 |
| The Honorable Bernice B. Donald, Sarah Redfield |
Arcing Toward Justice |
34-SUM Criminal Justice 18 (Summer, 2019) |
Author's Note: This article is rich in citation, much referencing statistics or science journals. To keep it more readable, we have deviated from our usual citation approach and used a + symbol to indicate that further citation detail is available. Anyone wanting full citations or further background should reach out to Professor Redfield at... |
2019 |
| Avani Mehta Sood |
Attempted Justice: Misunderstanding and Bias in Psychological Constructions of Criminal Attempt |
71 Stanford Law Review 593 (March, 2019) |
Abstract. How do jurors construe and apply facts and law to decide the point at which a defendant's thoughts and actions cross the line from being legally innocent to criminal? And under what doctrinal circumstances are such lay constructions of criminality vulnerable to legal misunderstanding and bias? Although these are high-stakes questions, the... |
2019 |
| Brenda M. Bauges , Tenielle Fordyce-Ruff |
Avoiding Gatekeeper Bias in Hiring Decisions |
62-JUL Advocate 39 (June/July, 2019) |
Bias in hiring used to be overt. For instance, during her keynote address at the Idaho Women Lawyers 2019 Gala, the Honorable Mary M. Schroeder, Senior Judge of the United States Court of Appeals for the Ninth Circuit, shared her experiences trying to find a job after moving to Phoenix, Arizona, in the 1960's. She suffered through several meetings... |
2019 |
| Dustin Rynders |
Battling Implicit Bias in the Idea to Advocate for African American Students with Disabilities |
35 Touro Law Review 461 (2019) |
The disproportionate representation, discipline, and restrictive placement of African American students in special education is an urgent problem and a hotly contested issue. Currently, African American students are overrepresented in special education when compared to their white peers. African American students are also disciplined at higher... |
2019 |
| Scott Dodson |
Beyond Bias in Diversity Jurisdiction |
69 Duke Law Journal 267 (November, 2019) |
The long-running debate over the propriety and proper scope of diversity jurisdiction has always centered on the traditional justification for diversity jurisdiction: the need to avoid actual or perceived state court bias against out-of-state parties. Supporters of diversity jurisdiction assert that such bias continues to justify diversity... |
2019 |
| M. Eve Hanan , UNLV William S. Boyd School of Law, Las Vegas, Nevada, 702-895-2368, Email eve.hanan@unlv.edu, Twitter @eve_hanan |
Bias and the Remorse Discount |
43-MAY Champion 16 (May, 2019) |
The decision to credit a client's remorse may make the difference in sentencing. While little research has been undertaken to document implicit racial bias in remorse assessments, a look at two areas of existing research-- judicial assessments of remorse and implicit racial bias--points to a likelihood that judges unconsciously discount African... |
2019 |
| Sandra G. Mayson |
Bias In, Bias out |
128 Yale Law Journal 2218 (June, 2019) |
Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many scholars have noted, these algorithms tend to have disparate racial impacts. In response, critics advocate three strategies of resistance: (1) the exclusion of input... |
2019 |
| Dana E. Prescott , Diane A. Tennies |
Bias Is a Reciprocal Relationship: Forensic Mental Health Professionals and Lawyers in the Family Court Bottle |
31 Journal of the American Academy of Matrimonial Lawyers 427 (2019) |
The profession of law and its belief in the adversarial system as a means to discern factual truths in child custody litigation is deeply rooted in centuries of political and constitutional theory. Beyond political rhetoric and academic discourse, the definition of who is a parent and who has rights and responsibilities for children may mean that... |
2019 |
| Joseph W. Yockey |
Bias Response on Campus |
48 Journal of Law and Education Educ. 1 (Winter, 2019) |
Bias Assessment and Response Teams (BARTs) are becoming ubiquitous at universities in the United States. These programs rely on administrative personnel to investigate and intervene in alleged bias incidents on campus. BART proponents maintain that the programs play an important role in promoting safety, diversity, and inclusivity. Critics, on the... |
2019 |
| Tressa Bussio |
Blatantly Biased: Expanding Peña-rodriguez to Cases of Bias Against Sexual Orientation, Religion, and Sex |
26 William and Mary Journal of Race, Gender, and Social Justice 167 (Fall, 2019) |
Introduction I. Tensions Between the Sixth Amendment and Federal Rule of Evidence 606 A. Promises of the Sixth Amendment and Evidentiary Requirements of Rule 606(b) B. Court Compromises II. The Gravest and Most Important Case: Peña-Rodriguez v. Colorado A. Statement of Facts B. A Sixth Amendment Issue Masquerading as a Fourteenth Amendment Issue... |
2019 |
| Peter Hyndman |
Body Cameras Won't Bring Justice: Why Pennsylvania's Chapter 67a Does Not Promise Police Accountability |
91 Temple Law Review 321 (Winter, 2019) |
On August 9, 2014, Ferguson, Missouri, police officer Darren Wilson shot and killed Michael Brown, an unarmed, black eighteen-year-old. The killing sparked immediate and prolonged protests in Ferguson and elsewhere, with demonstrators taking to the streets to challenge what they viewed as yet another instance of police brutality against people of... |
2019 |
| Robert W. Emerson , Steven A. Hollis |
Bound by Bias? Franchisees' Cognitive Biases |
13 Ohio State Business Law Journal 1 (2019) |
Cognitive biases play a fundamental part in franchisor-franchisee deal making. Ordinarily, franchisors have more power and information than do franchisees. The disparity between these parties is often exacerbated by the franchisees' psychological dispositions. Are franchisees biased or uninformed to the extent that they cannot evaluate the... |
2019 |
| Kimberly A. Houser |
Can Ai Solve the Diversity Problem in the Tech Industry? Mitigating Noise and Bias in Employment Decision-making |
22 Stanford Technology Law Review (2019) (Spring, 2019) |
After the first diversity report was issued in 2014 revealing the dearth of women in the tech industry, companies rushed to hire consultants to provide unconscious bias training to their employees. Unfortunately, recent diversity reports show no significant improvement, and, in fact, women lost ground during some of the years. According to a Human... |
2019 |
| Fanta Freeman |
Do I Look like I Have an Attitude? How Stereotypes of Black Women on Television Adversely Impact Black Female Defendants Through the Implicit Bias of Jurors |
11 Drexel Law Review 651 (2019) |
Do you watch television? What kind of shows do you watch on a weekly basis? Do any of the shows you watch have black female characters? If so, how are the women portrayed? It is not typical for these questions to be asked during voir dire. Yet these questions may be imperative to identify jurors who may be biased toward black female defendants as... |
2019 |
| Jonathan Simon |
Explicit Bias: Why Criminal Justice Reform Requires Us to Challenge Crime Control Strategies That Are Anything but Race Blind |
54 Tulsa Law Review 331 (Winter, 2019) |
Elizabeth Hinton, From the War on Poverty to the War on Crime: The Making of Mass Incarceration in America (Harvard University Press 2017). Pp.464. Paperback $18.95. Nicole Gonzalez Van Cleve, Crook County: Racism and Injustice in America's Largest Criminal Court (Stanford University Press 2016). Pp. 272. Hardcover $16.95. These books rely upon... |
2019 |
| |
Explicit Reactions to Implicit Bias |
55-MAY Arizona Attorney Att'y 8 (May, 2019) |
Understanding Implicit Bias by ASU's Dean Ray English (March 2019) addresses a critical issue in today's political and civil discourse. I think the joke with which the article began could be used better to bring the message home with a different punch line. The joke begins, A white guy, a black guy and a cop walk into a bar .. I suggest... |
2019 |
| Professor Shlomit Yanisky-Ravid, Cynthia Martens |
From the Myth of Babel to Google Translate: Confronting Malicious Use of Artificial Intelligence--copyright and Algorithmic Biases in Online Translation Systems |
43 Seattle University Law Review 99 (Fall, 2019) |
Many of us rely on Google Translate and other Artificial Intelligence and Machine Learning (AI) online translation daily for personal or commercial use. These AI systems have become ubiquitous and are poised to revolutionize human communication across the globe. Promising increased fluency across cultures by breaking down linguistic barriers and... |
2019 |
| Isabel Bilotta , Abby Corrington , Saaid A. Mendoza , Ivy Watson , Eden King |
How Subtle Bias Infects the Law |
15 Annual Review of Law and Social Science 227 (2019) |
subtle bias, law, decision making, selection This review describes the ways in which contemporary forms of prejudice and stereotypes, which are often subtle and unconscious, give rise to critical problems throughout the legal system. This summary highlights dominant themes and understudied issues at the intersection of legal and psychological... |
2019 |
| Veena Bansal |
Immigration Status in Jury Trials: State Legislature & State Supreme Court Involvement in Combatting Jury Bias |
56 American Criminal Law Review Online Online 1 (Winter, 2019) |
In 2018, immigration was a controversial issue. On July 18, 2018 Mollie Tibbetts, a 20-year old student, was abducted while jogging through the rural town of Brooklyn, Iowa. She disappeared without a trace and her story took the news by storm. Over a month later, police arrested alleged undocumented immigrant, Cristian Rivera, for Mollie's murder.... |
2019 |
| Yasir Billoo |
Implicit Bias and its Application in the Life of a Lawyer |
93-APR Florida Bar Journal 10 (March/April, 2019) |
Early in my career, while I was litigating in Arizona, I met men and women from a local Native American tribe who believed it was disrespectful to look someone in the eyes during a conversation. Before I learned about their beliefs, every time I met with witnesses who were members of that tribe, I thought they were being untruthful. Later I found... |
2019 |
| S. Grace Acosta |
Implicit Bias in Attorney Evaluation of Judges and Why it Applies to Everyone, Even You |
32-AUG Utah Bar Journal 18 (July/August, 2019) |
This fall, we can expect to receive surveys asking us to evaluate the performance of judges before whom we have appeared. It happens every other year. These surveys are an important professional duty to support a strong judiciary. Judges benefit from constructive feedback, and attorney surveys are a critical part of the Judicial Performance... |
2019 |
| Thomas C. Grella |
Implicit Bias: a Hidden Obstacle to Exemplary Firm Culture |
45 No. 3 Law Practice 62 (May/June, 2019) |
THE WEEKEND BEFORE I completed this column, it was my privilege to walk my daughter down the aisle. Rebekah met her fiancé while at college in Winston-Salem, North Carolina. Though he had lived in the United States from the first day of his freshman year in high school through finishing his master's at Syracuse University, Sungju Moon is a South... |
2019 |
| Jason P. Nance |
Implicit Racial Bias and Students' Fourth Amendment Rights |
94 Indiana Law Journal 47 (Winter, 2019) |
Tragic acts of school violence such as what occurred in Columbine, Newtown, and, more recently, in Parkland and Santa Fe, provoke intense feelings of anger, fear, sadness, and helplessness. Understandably, in response to these incidents (and for other reasons), many schools have intensified the manner in which they monitor and control students.... |
2019 |
| Ruqaiijah Yearby |
Internalized Oppression: the Impact of Gender and Racial Bias in Employment on the Health Status of Women of Color |
49 Seton Hall Law Review 1037 (2019) |
As advocates from the #MeToo and #TimesUp movements work to end sexual harassment and unequal pay in employment, they must not ignore the unique problems women of color face. As noted in Kimberle Crenshaw's theory of intersectionality, women of color face gender and racial bias in employment, thus eradicating gender bias will not make women of... |
2019 |
| Alexis Ronickher |
Intertwining Bias Claims |
55-SEP Trial 20 (September, 2019) |
When alleging national origin discrimination in the workplace, consider whether your client has experienced other types of bias based on race, religion, or gender--if so, use this to strengthen your case. Animus toward foreign-born people has long generated divisions in American politics and society. However, foreign-born workers who are... |
2019 |
| Colleen M. Berryessa |
Judicial Stereotyping Associated with Genetic Essentialist Biases Toward Mental Disorders and Potential Negative Effects on Sentencing |
53 Law and Society Review 202 (March, 2019) |
This research, utilizing qualitative methodology with grounded theory, develops a model that illuminates a process by which judicial stereotyping associated with genetic essentialist biases toward mental disorders may affect judges' views regarding the sentencing and punishment of offenders with mental disorder diagnoses presented or understood to... |
2019 |
| Christine R. Costantino |
Learning Lab Offers a Chance to Confront Systemic Bias |
79-JUN Oregon State Bar Bulletin 42 (June, 2019) |
Earlier this year, I participated in a learning lab called Full Diversity Partners, presented by a company called White Men as Full Diversity Partners. It was an immersive, 3.5-day residential program that brought together people of color and white men and women to examine racism, sexism and privilege. One goal of the lab was for participants to... |
2019 |
| Alnisa Bell |
Litigating Implicit Bias Cases in the #Metoo Era |
320-OCT New Jersey Lawyer, the Magazine 20 (October, 2019) |
The #MeToo Movement, founded by activist Tarana Burke, gained momentum in 2017 when Alyssa Milano tweeted a request to her followers: If you've been sexually harassed or assaulted, write me too as a reply to this tweet. The tweet encouraged women to share their stories of sexual harassment and assault. Since then, we have seen hundreds of... |
2019 |
| Melissa L. Breger |
Making the Invisible Visible: Exploring Implicit Bias, Judicial Diversity, and the Bench Trial |
53 University of Richmond Law Review 1039 (May, 2019) |
All people harbor implicit biases--which by definition, are not always consciously recognized. Although trial judges are specifically trained to compartmentalize and shield their decisions from their own biases, implicit biases nonetheless seep into judicial decision making. This article explores various strategies to decrease implicit bias in... |
2019 |
| Rory Bahadur |
Newsworthiness as an Internet-era Mitigant of Implicit Bias |
88 UMKC Law Review Rev. 1 (Fall, 2019) |
Newsworthiness is the legal line separating the existence of liability for the publication of true information from no liability. If true information is newsworthy the First Amendment prohibits liability for the publication of that information. Before the internet gave individuals the ability to engage in widespread publication, established media... |
2019 |
| John Austin Morales |
Peña-rodriguez V. Colorado: Carving out a Racial-bias Exception to the No-impeachment Rule |
50 Saint Mary's Law Journal 767 (2019) |
I. Introduction. 768 II. The Law Before Peña-Rodriguez v. Colorado. 769 A. Common Law. 769 B. Federal Rule of Evidence 606(b)--The No-Impeachment Rule. 771 C. Tanner v. United States. 772 D. Warger v. Shauers. 775 E. Circuit Splits: Creating a Racial-Bias Exception v. The Tanner Safeguards. 776 III. Peña-Rodriguez v. Colorado: The Journey from the... |
2019 |
| Michele Benedetto Neitz |
Pulling Back the Curtain: Implicit Bias in the Law School Dean Search Process |
49 Seton Hall Law Review 629 (2019) |
I.Introduction. 630 II.The Unique and Challenging Role of a Law School Dean. 632 A. The Traditional Role of a Dean. 632 B. The Role of a Dean After the Great Recession. 633 1. Law Deans as Innovators. 634 2. Law Deans as Job Placement Experts. 635 C. The Dean as a Juggler of Various Constituencies. 636 III.The Typical Dean Search Process and... |
2019 |