| Author | Title | Citation | Summary | Year |
| 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 |
| Justin D. Levinson , Robert J. Smith , Koichi Hioki |
Race and Retribution: an Empirical Study of Implicit Bias and Punishment in America |
53 U.C. Davis Law Review 839 (December, 2019) |
Retribution stands at the forefront of America's criminal justice system. Yet, as Justice Anthony Kennedy cautioned, retribution is also the motive for punishment that most often can contradict the law's own ends. This Article proposes, and then tests empirically, the existence of a novel contradiction of retribution--the idea that race and... |
2019 |
| Rachel DiBenedetto |
Reducing Recidivism or Misclassifying Offenders?: How Implementing Risk and Needs Assessment in the Federal Prison System Will Perpetuate Racial Bias |
27 Journal of Law & Policy 414 (2019) |
Your Honor, I understand the appeal of using this sentencing software, EVALUATE. I do. It appears to be efficient, precise, immune to emotion and lapses in logic. It seems fair and unbiased, so shouldn't we attempt to be fair and unbiased in evaluating whether it actually works? 32, 19, 34 . 32% is the federal recidivism rate. 19%? 19% is the... |
2019 |
| Tim Friehe, Ansgar Wohlschlegel |
Rent Seeking and Bias in Appeals Systems |
48 Journal of Legal Studies 117 (January, 2019) |
We analyze a litigation contest in which plaintiff and defendant seek to win in trial court, and the losing litigant may appeal. In our setup, the appeals court's judgment depends on the trial court's judgment, the merits of the litigants' arguments, and their efforts in the appeals stage. We find that the possibility of appeal increases the... |
2019 |
| Norman L. Reimer , NACDL, Washington, DC, 202-465-7623, Email nreimer@nacdl.org, Website www.nacdl.org, Twitter @NACDL |
Rooting out Bias: How a Bad Stop Can Make Good Law |
43-FEB Champion Champion 9 (January/February, 2019) |
NACDL's robust and often lauded amicus curiae program is not known for its work in civil cases. But a dubious 2014 traffic stop of a young man in the Town of Wallingford, Vermont, provided a unique opportunity for NACDL to further its mission to redress systemic racism in the criminal justice system. In February 2018, NACDL submitted an amicus... |
2019 |
| Jennifer Bennett Shinall |
Settling in the Shadow of Sex: Gender Bias in Marital Asset Division |
40 Cardozo Law Review 1857 (April, 2019) |
Divorce has a long history of economically disempowering women. From the time of coverture to the era of modern divorce reform, women have been persistently disadvantaged by divorce relative to men. Family law scholars have long attributed this disadvantage to the continued prevalence of traditional gender roles and the failure of current marital... |
2019 |
| Alison M. Nelson |
Spotlight on Bias |
62-FEB Advocate 31 (February, 2019) |
Are organizations that support the advancement of women in law really necessary in this day and age? Don't all employers (especially lawyers) understand that it's neither legal nor appropriate to discriminate against an employee on the basis of gender? Early in my career, I asked myself these very questions. By the time I had started practicing,... |
2019 |
| Michael Nesbitt , Robert Oxoby , Meagan Potier |
Terrorism Sentencing Decisions in Canada since 2001: Shifting Away from the Fundamental Principle and Towards Cognitive Biases |
52 U.B.C. Law Review 553 (June, 2019) |
Today, the spectacle of terrorist acts and terrorism trials has unfortunately become rather commonplace, with over 50 prosecutions in Canada in the last 15 years. Prior to 2001, a terrorism offence did not exist in Canada, at least not according to the Criminal Code. It was not until the 9/11 terrorist attack on the World Trade Centers that... |
2019 |
| Jonathan Kahn, J.D., Ph.D. |
The 911 Covenant: Policing Black Bodies in White Spaces and the Limits of Implicit Bias as a Tool of Racial Justice |
15 Stanford Journal of Civil Rights & Civil Liberties 1 (February, 2019) |
Introduction. 1 I. The Narrative of Implicit Bias. 3 A. What is Implicit Bias?. 4 B. Implicit Bias is Everyone's Problem. 7 C. Implicit Bias Marginalizes Racism. 8 D. Implicit Bias Consigns Racism to the Dustbin of History. 9 II. A Social Inflection Point?. 12 III. A Legal Inflection Point. 15 A. Revisiting and Revising Jody Armour's Reasonable... |
2019 |
| Melissa Hamilton |
The Biased Algorithm: Evidence of Disparate Impact on Hispanics |
56 American Criminal Law Review 1553 (Fall, 2019) |
Automated risk assessment is all the rage in the criminal justice system. Proponents view risk assessment as an objective way to reduce mass incarceration without sacrificing public safety. Officials thus are becoming heavily invested in risk assessment tools--with their reliance upon big data and algorithmic processing--to inform decisions on... |
2019 |
| Jaclyn Alcantara |
The Impact of Implicit Bias on Female Patent Applicants in an Age of Increasingly Vague Patent Standards |
88 UMKC Law Review 161 (Fall, 2019) |
No aspect of U.S. patent law explicitly or implicitly excludes women from patenting their inventions. Yet among the inventors listed on the thousands of patent applications filed each year in the United States, women remain vastly underrepresented. The names of female inventors were only listed on 21% of patents granted in 2016, with women making... |
2019 |
| David Yokum, Christopher T. Robertson, Matt Palmer |
The Inability to Self-diagnose Bias |
96 Denver Law Review 869 (Summer, 2019) |
Litigants are guaranteed the right to an impartial jury--one that bases its judgment only on the evidence presented in the courtroom. The Supreme Court, as recently as in Skilling v. United States, has instructed courts on how to screen for potentially impartial jurors: simply ask them. The empirical presumption behind this directive is that jurors... |
2019 |
| Teri A. McMurtry-Chubb |
The Practical Implications of Unexamined Assumptions: Disrupting Flawed Legal Arguments to Advance the Cause of Justice |
58 Washburn Law Journal 531 (Summer, 2019) |
At a point early in the first semester of my first year of law school, the entire 1L class gathered together for the last session of our mandatory legal reasoning course. We were a class of slightly more than 100 students with approximately 30 students of color, the majority of whom were African American. As per usual, most of us were seated in... |
2019 |
| Laura Victorelli |
The Right to Be Heard (And Understood): Impartiality and the Effect of Sociolinguistic Bias in the Courtroom |
80 University of Pittsburgh Law Review 709 (Spring, 2019) |
Working for Justice can take many forms, but for linguists, we believe it should include listening to vernacular dialects more closely and hearing their speakers more clearly and more fairly, not only in courtrooms, but also in schools, job interviews, apartment searches, doctors' visits, and everywhere that speech and language matter. --John... |
2019 |
| Lori Andrews |
The Technology Enterprise: Systemic Bias Against Women |
9 UC Irvine Law Review 1035 (July, 2019) |
Who Designs Technology?. 1037 Who Funds Technology?. 1045 Who Patents Technology?. 1048 How Is Technology Marketed?. 1050 What Is the Impact of Technology--and on Whom?. 1055 Conclusion. 1061 |
2019 |
| Artika R. Tyner |
Unconscious Bias, Implicit Bias, Microaggressions |
36 No. 4 GPSolo 30 (July/August, 2019) |
Effective leaders build organizational cultures where employees can thrive, customers/clients experience excellence in service, and contributions can be made to the betterment of society. Because leadership is manifested through the active pursuit of learning, leaders typically pursue these goals by attending seminars, enlisting the support of a... |
2019 |
| Christian B. Sundquist |
Uncovering Juror Racial Bias |
96 Denver Law Review 309 (Winter, 2019) |
The U.S. Supreme Court in Peña-Rodriguez v. Colorado recognized for the first time in this Nation's history that trial courts could consider post-verdict evidence of juror racial bias under the Sixth and Fourteenth Amendments, notwithstanding the common law no-impeachment rule and its federal counterpart (Federal Rule of Evidence 606). Trial courts... |
2019 |
| Alfred Ray English |
Understanding Implicit Bias |
55-MAR Arizona Attorney 10 (March, 2019) |
A white guy, a black guy and a cop walk into a bar .. We'll get to the punchline in a moment, but while I have your attention I am hoping to shed a bit of light on implicit bias. Implicit or unconscious bias are terms that have permeated society over the last couple of years in ways we've never seen before. Whether you think it is political... |
2019 |
| Ryan D. Budhu |
Understanding the Role of Implicit Bias on |
12 Albany Government Law Review 149 (2018-2019) |
In 1869, four years after the end of the Civil War, the New York Times reported on a small controversy in the independent city of Brooklyn. The controversy, stemming from the construction of a canal on Third Avenue, involved questions as to the appropriate role of the Brooklyn Corporation Counsel. The Corporation Counsel and the Mayor of Brooklyn,... |
2019 |
| Grace Manning |
Valuing Procedure over Substance: Racial Bias in the Capital Jury Room |
56 American Criminal Law Review Online 52 (Spring, 2019) |
Keith Tharpe is an African American inmate on Georgia's death row. Nearly thirty years ago, a jury found him guilty of capital murder and sentenced him to death. Over seven years later, Tharpe's attorneys discovered that one of his jurors, who was white, harbored deeply racist views in connection with his vote for Tharpe's death. Since then, Tharpe... |
2019 |
| Sydney Melillo |
Vegas Rule: Jury Deliberation Edition: Should the Sixth Amendment Exception for Alleged Racial Bias in Deliberations Extend to Gender? |
11 Drexel Law Review 705 (2019) |
Federal Rule of Evidence 606(b) and its jurisprudence generally prohibit jurors from impeaching the validity of their verdicts. This general preclusion of juror testimony, derived from eighteenth-century English common law, aims to protect the public from the inherent danger of dissecting private jury deliberations, which are supposed to be free... |
2019 |