| Author | Title | Citation | Summary | Year |
| Blanche Cook |
Complicit Bias: Sex-offender Registration as a Penalty for Obstructing Sex-trafficking Prosecutions |
96 Nebraska Law Review 138 (2017) |
C1-3TABLE OF CONTENTS I. Introduction. 139 II. Case Synopsis. 145 III. The Federalization of Human Sex Trafficking. 147 IV. The Canons of Statutory Interpretation. 152 A. Plain Language of §§ 1591 and 16911. 152 B. The Legislative History. 160 1. Section 1591's Legislative History. 160 2. The Use of the T-Visa in Discouraging Obstruction. 166 3.... |
2017 |
| Gregory S. Parks, Hon. Andre M. Davis |
Confronting Implicit Bias: an Imperative for Judges in Capital Prosecutions |
42 Human Rights 22 (2017) |
The esteemed lawyer Jonathan Rapping, founder and director of the non-profit Gideon's Promise, has often said that the most obvious feature of our legal system is the disparate treatment of African Americans. In no context is this observation more true and profound than in the administration of capital punishment. Therefore, our evolving... |
2017 |
| Erwin Chemerinsky |
Confronting Racial Bias |
53-JUL Trial 56 (July, 2017) |
Issues concerning race were central to a significant number of cases before the US. Supreme Court in its October 2016 Term. Strikingly, these cases span many areas--criminal law, voting, free speech, and federal statutes. Twice this Term, the Court has spoken powerfully about the need to eradicate the taint of racial discrimination from criminal... |
2017 |
| Valeria Vegh Weis |
Criminal Selectivity in the United States: a History Plagued by Class & Race Bias |
10 DePaul Journal for Social Justice 1 (Summer, 2017) |
The United States is at a pivotal moment in terms of rethinking class and racial inequality within the criminal justice system. However, there is a lack of shared conceptual tools to frame this debate. First, there is no clear or comprehensive theoretical tool to describe, categorize, or analyze class and racial inequality throughout the criminal... |
2017 |
| Vernellia Randall, Tshaka Randall |
Cutting Across the Bias: Teaching Implicit Bias in a Healthcare Law Course |
61 Saint Louis University Law Journal 511 (Spring, 2017) |
Law faculty train students to believe that the law is objective in development, adoption, and application. Law faculty tend to teach discrimination in the law as either a historical oddity or very infrequent occurrence. When the law deals with discrimination, it does so narrowly, focusing on discrimination driven by intent, explicit stereotypes,... |
2017 |
| Cristal Harris |
Dark Innocence: Retraining Police with Mindfulness Practices to Aid in Squelching Implicit Bias |
51 University of San Francisco Law Review 103 (2017) |
I was suddenly woken to yells and screams. I shared a bunk bed with my cousin. I had not heard much except Leonard Brown! It ain't him! She ain't him! My eyes went ablaze searching around frantically. Dreams broken to reality. There were guns everywhere. Men like giants. Deadly black pieces of metal drawn, ready to shoot at whoever dared move... |
2017 |
| Sean Darling-Hammond |
Designed to Fail: Implicit Bias in Our Nation's Juvenile Courts |
21 U.C. Davis Journal of Juvenile Law & Policy 169 (Summer, 2017) |
Our nation's juvenile courts espouse the admirable mission of creating a fair court of empathy capable of helping youth that have erred take a more positive path and become productive citizens, regardless of their backgrounds. Yet juvenile court dispositions yield troubling racial disproportionalities, and the proceedings themselves seem riddled... |
2017 |
| Amelia M. Wirts |
Discriminatory Intent and Implicit Bias: Title Vii Liability for Unwitting Discrimination |
58 Boston College Law Review 809 (March, 2017) |
Abstract: Studies consistently show that African Americans face more employment scrutiny and negative employment actions than their white coworkers. Recognizing that much of the explicit racism of the twentieth century has given way to subtle and often unconscious discriminatory biases, this Note argues that current Title VII jurisprudence contains... |
2017 |
| Lisa Blomgren Amsler, Alexander B. Avtgis, M. Scott Jackman |
Dispute System Design and Bias in Dispute Resolution |
70 SMU Law Review 913 (Fall, 2017) |
This article examines the role of mediator race and gender in perceptions of procedural justice as measure of accountability and representative bureaucracy in a national mediation program for complaints of employment discrimination at a large federal organization, the United States Postal Service. Mediation represents a forum of accountability in... |
2017 |
| Jennifer K. Wagner |
Dna, Racial Disparities, and Biases in Criminal Justice: Searching for Solutions |
27 Albany Law Journal of Science and Technology 95 (2017) |
[W]e remain imprisoned by the past as long as we deny its influence in the present. ~Justice Brennan The human genome underlies the fundamental unity of all members of the human family, as well as the recognition of their inherent dignity and diversity. ~Universal Declaration on the Human Genome and Human Rights I. Maryland v. King. 99 Facts... |
2017 |
| Gilat J. Bachar , Deborah R. Hensler |
Does Alternative Dispute Resolution Facilitate Prejudice and Bias? We Still Don't Know |
70 SMU Law Review 817 (Fall, 2017) |
By the time Professor Richard Delgado and his colleagues wrote their seminal article on the risk of alternative dispute resolution (ADR) facilitating prejudice, ADR programs were well-established in the United States, supported by legislative and court mandates, private contracts, and U.S. Supreme Court decisions. Fairness and Formality: Minimizing... |
2017 |
| Maurice R. Dyson |
Excessive Force, Bias, and Criminal Justice Reform: Proposals for Congressional Action |
63 Loyola Law Review 27 (Spring, 2017) |
INTRODUCTION: A NATIONAL EPIDEMIC OF TARGETED HARASSMENT & KILLINGS. 27 1. A ROUTINE OCCURRENCE. 29 2. MYOPIC MENTALITY & DIVISIVE RHETORIC. 30 3. COUNTERARGUMENTS TO THE POPULAR RHETORIC. 33 4. EVEN WHEN THE OFFICER IS A MINORITY, IT IS STILL INSTITUTIONALLY ENFORCED RACIAL OPPRESSION. 34 5. BRAINWASHED & WHITE WASHED: SOCIETAL & MEDIA PERCEPTIONS... |
2017 |
| Carol Izumi |
Implicit Bias and Prejudice in Mediation |
70 SMU Law Review 681 (Summer, 2017) |
Mediators aspire and endeavor to meet their ethical duty of neutrality in mediation. Yet their ability to actually conduct mediations without bias, prejudice, or favoritism toward any party is extraordinarily difficult, if not impossible. Research shows that unconscious mental processes involving stereotypes and attitudes affect our judgments,... |
2017 |
| Annika L. Jones |
Implicit Bias as Social-framework Evidence in Employment Discrimination |
165 University of Pennsylvania Law Review 1221 (April, 2017) |
The role of implicit bias as evidence in employment discrimination claims continues to evolve, as does research attempting to explain and quantify the concept of implicit bias. In Walmart Stores, Inc. v. Dukes, the Supreme Court curbed plaintiffs' use of implicit bias as evidence in support of the commonality requirement of Rule 23. Post-Dukes,... |
2017 |
| Rakesh Beniwal |
Implicit Bias in Child Welfare: Overcoming Intent |
49 Connecticut Law Review 1021 (February, 2017) |
Albert Einstein said that [w]e can't solve problems by using the same kind of thinking we used when we created them. In spite of the wisdom of this quote, the field of child protection attempts to do just that--often couching seemingly new initiatives within old business methods and ways of thinking. The result is a system that disparately... |
2017 |
| Professor Keith B. Maddox , Professor Samuel R. Sommers |
Implicit Bias in Daily Perceptions and Legal Judgments |
50 University of Michigan Journal of Law Reform 723 (Spring, 2017) |
In today's demonstration, we explored the audience's positive and negative associations with blacks and whites. The demonstration is an adaptation of the Implicit Association Test (www.projectimplicit.net), a computer-based task designed to explore mental connections between various concepts. Participants were presented with a list of concepts... |
2017 |
| Asha Amin |
Implicit Bias in the Courtroom and the Need for Reform |
30 Georgetown Journal of Legal Ethics 575 (Fall, 2017) |
The judiciary serves an important role in our democratic society: it protects individuals and keeps the government from overreaching into one's rights. The impartiality of a judge is at the heart of this administration of justice. If the public does not believe that judges are fair and impartial, it will lose confidence in the courts, disregard... |
2017 |
| Ted A. Donner |
Implicit Bias in the Law: an Important Focus for 2017 |
29 DCBA Brief Brief 5 (January, 2017) |
During the fi rst Presidential Debate in the 2016 general election, Hillary Clinton mentioned implicit bias in answer to a question posed by moderator Lester Holt. Holt asked her, Secretary Clinton, last week, you said we've got to do everything possible to improve policing, to go right at implicit bias. Do you believe that police are implicitly... |
2017 |
| Camille A. Olson, Gina R. Merrill, Kaitlyn F. Whiteside, Needhy Shah |
Implicit Bias Theory in Employment Litigation |
63 No. 5 Practical Lawyer 37 (October 1, 2017) |
The term implicit bias is commonly used to refer to ingrained beliefs, whether positive or negative, about other individuals or groups that are triggered automatically. These beliefs are not conscious thoughts but rather represent reflexive reactions at the unconscious level. The developers of the theory, social psychologists Anthony Greenwald... |
2017 |
| |
Implicit Bias: a Concept Worth Consideration |
43-WTR Vermont Bar Journal B.J. 5 (Winter 2017) |
As we enter court hearings, discussions with clients, engagements with fellow attorneys and interact with legislators and other policy makers, we are regularly faced with the intersection of our laws and the behaviors of people in our society. The ideal point of intersection is not always clear, and we are frequently asked to consider real world... |
2017 |
| Caroline Turner |
Implicit or Unconscious Bias: How Do We Overcome It? |
19 No. 4 TortSource 1 (Summer, 2017) |
We generally put an adjective, like implicit or unconscious, in front of the word bias. Bias can be positive as well as negative, but the term generally brings to mind negative rather than positive thoughts about people and groups. No one wants to have outright bias! An adjective softens it. Or we use a less accusatory term. McKinsey &... |
2017 |
| L. Song Richardson |
Implicit Racial Bias and Racial Anxiety: Implications for Stops and Frisks |
15 Ohio State Journal of Criminal Law 73 (Fall, 2017) |
I. Introduction. 74 II. Implicit Racial Bias and Racial Anxiety. 75 A. Judgments of Suspicion: The Influence of Implicit Racial Bias. 75 1. Increased Scrutiny. 76 2. Biased Evaluations of Ambiguous Behaviors. 76 B. Interactions: The Influence of Racial Anxiety. 78 III. Implications for Policing and the Fourth Amendment. 81 A. Acting on Racial... |
2017 |
| Briggs Depew, Ozkan Eren, Naci Mocan, Utah State University, Louisiana State University, Louisiana State University |
Judges, Juveniles, and In-group Bias |
60 Journal of Law & Economics 209 (May, 2017) |
We investigate the existence of in-group bias (preferential treatment of one's own group) in court decisions. Using the universe of juvenile-court cases in a US state between 1996 and 2012 and exploiting random assignment of juvenile defendants to judges, we find evidence for negative racial in-group bias in judicial decisions. All else being... |
2017 |
| Justin D. Levinson , Mark W. Bennett , Koichi Hioki |
Judging Implicit Bias: a National Empirical Study of Judicial Stereotypes |
69 Florida Law Review 63 (January, 2017) |
American judges, and especially lifetime-appointed federal judges, are often revered as the pinnacle of objectivity, possessing a deep commitment to fairness, and driven to seek justice as they interpret federal laws and the U.S. Constitution. As these judges struggle with some of the great challenges of the modern legal world, empirical scholars... |
2017 |
| Sidney D. Watson |
Lessons from Ferguson and Beyond: Bias, Health, and Justice |
18 Minnesota Journal of Law, Science & Technology 111 (Winter, 2017) |
Introduction. 111 I. Racial Bias, Health, and Health Care. 115 II. Affordable Care Act: A Health Equity Agenda. 126 III. Section 1557 of the Affordable Care Act. 131 Conclusion. 141 |
2017 |
| Wendell Y. Tong |
Looking Within for Implicit Bias |
53-JUN Trial 27 (June, 2017) |
The civil justice system is strengthened toy diverse advocates-and it starts in attorneys' own practices. The path to achieving diversity in our practices requires proactive, deliberate efforts--which means reflecting on our implicit biases to overcome hurdles that we've unconsciously placed in the way. The diversity problem in the plaintiff bar is... |
2017 |
| Florina Altshiler |
Memory, Perception, and Confirmation Bias Unintentionally False Eyewitness Testimony |
12 No. 3 In-House Defense Quarterly 23 (Summer, 2017) |
on a crowded, midtown Manhattan street. NY Times Police Shoot Hammer-Wielding Man Sought in 4 Manhattan Attacks May 13, 2015. There were eyewitnesses to the incident. Almost all of the witness reports were incorrect. Several people inaccurately reported that the police officers shot an unarmed man while he was on the ground and handcuffed. The... |
2017 |
| Francis X. Shen |
Minority Mens Rea: Racial Bias and Criminal Mental States |
68 Hastings Law Journal 1007 (June, 2017) |
The American criminal justice system relies upon jurors to regularly decode the mental states of criminal defendants. These determinations are often of black and Hispanic defendants, making minority mens rea a centerpiece of the justice process. This Article presents an empirical investigation of how jury eligible subjects decode minority mens... |
2017 |
| Chris Chambers Goodman |
Nevertheless She Persisted: from Mrs. Bradwell to Annalise Keating, Gender Bias in the Courtroom |
24 William and Mary Journal of Women and the Law 167 (Fall, 2017) |
Introduction I. Background A. Bias, Stereotypes, and Schemas B. Stereotypes About Women Applied in the Law C. How the Media Evidences, Influences, and Exacerbates Gender Bias II. The Impacts of Gender Stereotypes and Bias in the Law A. Stereotypical Female Speech B. Do Looks Matter? C. The Role and Toll of Emotions III. Reducing the Impacts of... |
2017 |
| Ruth Leah Perrin |
Overcoming Biased Views of Gender and Victimhood in Custody Evaluations When Domestic Violence Is Alleged |
25 American University Journal of Gender, Social Policy and the Law 155 (2017) |
I. Introduction. 156 II. What Drives Custody Evaluators' Recommendations?. 156 A. Evaluators' Knowledge of Domestic Violence. 157 B. Evaluators' Beliefs About Domestic Violence and Custody. 160 1. Domestic Violence is Irrelevant to an Abuser's Ability to Parent.. 161 2. Allegations of Domestic Violence and Child Abuse Are Often False.. 162 3. The... |
2017 |
| Laurence F. Pulgram |
Owning up to My Bias . And Steps Toward Making Change |
43 No. 2 |
It happened to be Christmas Eve. At Toys-R-Us, I had successfully wrangled the last available Lego starship and headed for the checkout. All the lines were long. I checked out the customers waiting, and I checked out the cashiers. I went for lane 2 over lane 1. Five minutes later, when lane 2 had not budged, it hit me why I was standing in it: My... |
2017 |
| Jonathan Kahn |
Pills for Prejudice: Implicit Bias and Technical Fix for Racism |
43 American Journal of Law & Medicine 263 (2017) |
In the aftermath of World War II and the Holocaust, scientists and social scientists alike worked hard for decades to distance genetic research from its eugenic and racist past. From the United Nations Educational, Scientific and Cultural Organisation's (UNESCO) 1950 Statement on Race to President William Clinton's declaration upon the completion... |
2017 |
| |
Police in America: Ensuring Accountability and Mitigating Racial Bias |
11 Northwestern Journal of Law & Social Policy 354 (Fall, 2017) |
UNDERSTANDING AND OVERCOMING IMPLICIT BIAS held at Northwestern Pritzker School of Law, Thorne Auditorium, 375 East Chicago Avenue, Chicago, Illinois, on the 13 day of November, A.D. 2015. FEATURED SPEAKER: Professor Destiny Peery; Introduction by Professor Locke Bowman. PROFESSOR BOWMAN: Good morning and welcome, everyone. My name is Locke Bowman.... |
2017 |
| Shirin Afsous |
Proving Hate: the Difficulties of Successfully Prosecuting Bias-motivated Crimes |
22 Suffolk Journal of Trial and Appellate Advocacy 273 (2016-2017) |
I. Introduction. 273 II. Hate Crimes and the Constitution. 277 III. Hate Crime Legislation. 279 IV. Investigating Hate Crimes. 283 V. Prosecuting Hate Crimes. 286 A. The Prosecutor's Burden Of Proof. 287 B. Jury Selection. 290 VI. Conclusion. 291 |
2017 |
| Michael P. Fix , Gbemende E. Johnson |
Public Perceptions of Gender Bias in the Decisions of Female State Court Judges |
70 Vanderbilt Law Review 1845 (November, 2017) |
How are women on the bench, and their decisions, perceived by the public? Many scholars find that gender influences the voting behavior of judges and the assessment of judges by state judicial systems and the American Bar Association. However, few scholars have examined how judge gender affects the way in which the public responds to judicial... |
2017 |
| Sheryl J. Willert |
Race Power Privilege and Bias the Responsibility of Corporate America Post 2016 Presidential Elections |
12 No. 1 In-House Defense Quarterly 22 (Winter, 2017) |
The 2016 presidential campaigns and ultimate election of Donald Trump has caused a significant portion of the United States population to express dismay and concern about not only the potential that there is no way to have a semblance of unity in this country, but also the potential that all of those things that have been perceived as gains for... |
2017 |
| Sherri Lee Keene |
Raising Arguments about the Potential Influence of Implicit Racial Bias in Police Stops |
32-SUM Criminal Justice 35 (Summer, 2017) |
in the criminal courtroom, race can often feel like the elephant in the room. While racial bias can play a role in decision making at many points in the criminal process, discussions on this topic can be stifled. Yet, for a criminal defense attorney, the inability to discuss how race may have impacted a defendant's case can result in missed... |
2017 |
| Kaitlin Bigger, J.D. Candidate, 2018, American University Washington College of Law, B.A. Political Science, 2013, Appalachian State University |
Reducing Racial Bias in Capital Jury Selection by Eliminating Peremptory Challenges |
10 Modern American 66 (Spring, 2017) |
On May 23, 2016, the Supreme Court addressed an area of capital trials continuously prone to racial discrimination in its Foster v. Chatman decision. During voir dire, both parties are given peremptory challenges and challenges for cause. Challenging a juror for cause requires a specific reason for removing the juror, while peremptory challenges do... |
2017 |
| Justice Michael B. Hyman |
Reining in Implicit Bias |
105 Illinois Bar Journal 26 (July, 2017) |
Implicit bias poses a constant challenge to lawyers and judges. Nothing will eliminate it, but once we under and what it is and recognize it in ourselves we can reduce its influence our thinking and decision-making. WHILE WAITING AT A BUS STOP, YOU HEAR POLICE SIRENS GROWING LOUDER. Suddenly, an older model Ford sedan speeds past, followed by a... |
2017 |
| Lauren R. Roth , New York University School of Law |
Reproductive Selection Bias |
27 Health Matrix: Journal of Law-Medicine 263 (2017) |
Decades after the advent of assisted reproductive technology (ART) that allows prospective parents to deselect embryos with grave genetic illnesses--a procedure called preimplantation genetic diagnosis (PGD)--it remains a tool largely of upper-class whites. I argue that the time has come to focus on closing the access gap in this area of... |
2017 |
| Ann Ching, Lisa M. Panahi |
Rooting out Bias in the Legal Profession |
53-JAN Arizona Attorney 34 (January, 2017) |
YOU are mentoring a recent law school graduate who works as an associate at a Phoenix law firm. On Monday morning, he calls you to seek your confidential advice. Over the weekend, the associate attended a firm-sponsored dinner party for new associates, along with several other associates and partners from the firm. During dinner, one of the... |
2017 |
| Shun-Ling Chen |
Sampling as a Secondary Orality Practice and Copyright's Technological Biases |
17 Journal of High Technology Law 206 (2017) |
L1-2Table of Contents I. Introduction. 208 II. The Exclusion and Inclusion of Sound Reproduction in US Copyright Law. 213 A. Copyright, and the Technologization of Word. 213 B. Mechanical Reproduction and the Technologizing of the Sound. 215 C. Sound Recording as Writing? Copyright's Technological Biases. 222 III. Sampling, Secondary Orality and... |
2017 |
| |
Sixth Amendment--no-impeachment Rule--racially Biased Statements in Jury Deliberations--peña-rodriguez V. Colorado |
131 Harvard Law Review 273 (November, 2017) |
The jury is a semi-sacred institution in the American legal system. The Sixth Amendment guarantees criminal defendants the right to trial, by an impartial jury, and Rule 606(b) of the Federal Rules of Evidence forecloses certain inquiries into the validity of jury verdicts by forbidding jurors from testifying about any statement made or incident... |
2017 |
| Carrie Leonetti |
Smoking Guns: the Supreme Court's Willingness to Lower Procedural Barriers to Merits Review in Cases Involving Egregious Racial Bias in the Criminal Justice System |
101 Marquette Law Review 205 (Fall, 2017) |
The systematic foreclosure of federal-court review of even the most meritorious federal constitutional challenges of state criminal convictions has made review on the merits of an inmate's claim that a state court violated the U.S. Constitution in adjudicating a criminal case exceedingly rare. Nonetheless, over the past two terms, the Supreme Court... |
2017 |
| Kathleen Nalty |
Strategies for Confronting Unconscious Bias |
64-FEB Federal Lawyer 26 (January/February, 2017) |
So--what's in a name? Apparently, a lot. If you are named John, you will have a significant advantage over Jennifer when applying for a position, even if you both have the exact same credentials. If your name is José, you will get more callbacks if you change it to Joe. And if you're named Emily or Greg, you will receive 50 percent more callbacks... |
2017 |
| Jason P. Nance |
Student Surveillance, Racial Inequalities, and Implicit Racial Bias |
66 Emory Law Journal 765 (2017) |
In the wake of high-profile incidents of school violence, school officials have increased their reliance on a host of surveillance measures to maintain order and control in their schools. Paradoxically, such practices can foster hostile environments that may lead to even more disorder and dysfunction. These practices may also contribute to the... |
2017 |
| Justin D. Levinson, Robert J. Smith |
Systemic Implicit Bias |
126 Yale Law Journal Forum 406 (January 31, 2017) |
Legal discourse on implicit bias has changed the way scholars and citizens think about race in the justice system. Ever-growing scholarship, much of it empirical, has identified, confronted, and sought to address how implicit bias operates in nearly every criminal justice context--especially in policing, prosecuting, judging, and juror... |
2017 |
| L. Song Richardson |
Systemic Triage: Implicit Racial Bias in the Criminal Courtroom Crook County: Racism and Injustice in America's Largest Criminal Court by Nicole Van Cleve Stanford University Press, April 2016 |
126 Yale Law Journal 862 (January, 2017) |
L1-2BOOK REVIEW CONTENTS INTRODUCTION 864 I. RACISM IN PRACTICE 867 A. Policing Racial Boundaries 868 B. Culture and the Race-Blind Code 869 C. Limitations 873 II. SYSTEMIC TRIAGE AND ITS RACIALIZED CONSEQUENCES 875 A. Implicit Racial Bias 875 B. Systemic Triage 877 C. Implicit Bias Under Conditions of Systemic Triage 881 III. RECOMMENDED REMEDIES... |
2017 |
| Mark W. Bennett |
The Implicit Racial Bias in Sentencing: the next Frontier |
126 Yale Law Journal Forum 391 (January 31, 2017) |
A prominent life scientist recently declared that the Higgs boson particle, the Internet, and implicit bias are the three most important discoveries of the past half-century. In President Obama's commencement address at Howard University last year, Obama stated: And we knew . that even the good cops with the best of intentions--including, by the... |
2017 |
| Amanda L. B. Wineman |
The Invasion of Racial Bias into Jury Deliberations: Examining Pena-rodriguez V. Colorado |
41 American Journal of Trial Advocacy 211 (Summer, 2017) |
The one place where a man ought to get a square deal is in a courtroom, be he any color of the rainbow, but people have a way of carrying their resentments right into the jury box. ~Harper Lee, To Kill A Mockingbird A defendant's right to an impartial jury is derived from the Constitution, which states: In all criminal prosecutions, the accused... |
2017 |