| Author | Title | Citation | Summary | Year |
| Danielle De Smeth, Prudence Hutton, Kelly Robbins |
The Brock Turner Sentencing and the Face of Bias |
58-OCT Orange County Lawyer 54 (October, 2016) |
In the wake of Brock Turner's sentencing, a group that advocates for women's issues--California Women Lawyers--has written an open letter to the Chief Justice of the California Supreme Court and Judicial Council requesting implementation of implicit bias training for all sitting judges in California regarding sexual assault, domestic violence, and... |
2016 |
| Kevin Zhao |
The Choice Between Right and Easy: Pena-rodriguez V. Colorado and the Necessity of a Racial Bias Exception to Rule 606(b) |
12 Duke Journal of Constitutional Law & Public Policy Sidebar 33 (November 29, 2016) |
In 1944, George Stinney Jr., a fourteen-year-old black boy, was tried for the murders of two young, white girls. His trial lasted just one day, and the all-white jury deliberated for just ten minutes before finding him guilty and sentencing him to death. Less than three months later, Stinney was executed by electrocution at the age of fourteen.... |
2016 |
| Ashley Lattal |
The Hidden World of Unconscious Bias and its Impact on the "Neutral" Workplace Investigator |
24 Journal of Law & Policy 411 (2016) |
Workplace investigations into complaints of harassment, discrimination, and other allegations of workplace misconduct have become a critical method for employers to establish that they have complied with certain obligations to provide a discrimination-free workplace. As a result, the fairness and effectiveness of the workplace investigation process... |
2016 |
| Laura Smalarz, Stephanie Madon, Yueran Yang, Max Guyll, Sarah Buck , Williams College, Iowa State University, Southern Illinois University Carbondale |
The Perfect Match: Do Criminal Stereotypes Bias Forensic Evidence Analysis? |
40 Law and Human Behavior 420 (August, 2016) |
This research provided the first empirical test of the hypothesis that stereotypes bias evaluations of forensic evidence. A pilot study (N = 107) assessed the content and consensus of 20 criminal stereotypes by identifying perpetrator characteristics (e.g., sex, race, age, religion) that are stereotypically associated with specific crimes. In the... |
2016 |
| Demetria D. Frank |
The Proof Is in the Prejudice: Implicit Racial Bias, Uncharged Act Evidence & the Colorblind Courtroom |
32 Harvard Journal on Racial & Ethnic Justice Just. 1 (Spring, 2016) |
Recent public exposés of excessive and unreasonable fear of young Black men in the United States, coupled with the reality that American prisons are filled disproportionately with Black men, has forced many lawmakers to examine a very painful truth--justice is certainly not colorblind. This is no new revelation, however. Nearly two decades ago,... |
2016 |
| Hon. Kenneth V. Desmond, Jr. |
The Road to Race and Implicit Bias Eradication |
60-SUM Boston Bar Journal B.J. 3 (Summer, 2016) |
Throughout the past several decades, State and Federal appellate courts have candidly acknowledged the implicit biases of litigants and jurors. Although social science research has found that judges are just as susceptible to unconscious bias as the rest of the population, the paucity of case law acknowledging judicial bias underscores the need for... |
2016 |
| Victor D. Quintanilla , Cheryl R. Kaiser |
The Same-actor Inference of Nondiscrimination: Moral Credentialing and the Psychological and Legal Licensing of Bias |
104 California Law Review 1 (February, 2016) |
One of the most egregious examples of the tension between federal employment discrimination law and psychological science is the federal common law doctrine known as the same-actor inference. When originally elaborated by the Fourth Circuit in Proud v. Stone, the same-actor doctrine applied only when an employee was hired and fired by the same... |
2016 |
| Natalie Salmanowitz |
Unconventional Methods for a Traditional Setting: the Use of Virtual Reality to Reduce Implicit Racial Bias in the Courtroom |
15 University of New Hampshire Law Review 117 (November, 2016) |
The presumption of innocence and the right to a fair trial lie at the core of the United States justice system. While existing rules and practices serve to uphold these principles, the administration of justice is significantly compromised by a covert but influential factor: namely, implicit racial biases. These biases can lead to automatic... |
2016 |
| Aileen Oeberst, Ingke Goeckenjan , Leibniz-Institut für Wissensmedien, Ruhr-Universität Bochum |
When Being Wise after the Event Results in Injustice: Evidence for Hindsight Bias in Judges' Negligence Assessments |
22 Psychology, Public Policy, and Law 271 (August, 2016) |
Research on hindsight bias has demonstrated that people perceive and evaluate events differently once they know about their outcome. One facet of hindsight bias is that people often perceive past events as more foreseeable than they do without outcome knowledge. This finding is of great importance in the legal context. Specifically, negligence... |
2016 |
| Lewis R. Katz |
Whren at Twenty: Systemic Racial Bias and the Criminal Justice System |
66 Case Western Reserve Law Review 923 (Summer, 2016) |
Street relations between the police and African-American communities have seemingly reached new levels of conflict, or else body cams and cell phones are finally disclosing the extent and truth about such interactions. The Cleveland officers who shot and killed Tamir Rice claimed that they had ordered him three times to drop the realistic toy gun... |
2016 |
| William M. Carter, Jr. |
Whren's Flawed Assumptions Regarding Race, History, and Unconscious Bias |
66 Case Western Reserve Law Review 947 (Summer, 2016) |
My heartfelt thanks to CWRU Law School and the Law Review for having me here. I am an alumnus of CWRU Law, a former faculty member here from 2001-07, and a native Clevelander, so it's always nice to be back home. This symposium marks the 20th anniversary of Whren, which happens to coincide with the 20th anniversary of my first year of law school... |
2016 |
| Maria Greco-Danaher |
With a Lack of Policy and Staff Training, Employers Could Face Liability for a Nonemployee's Racial Bias |
18 No. 11 Lawyers Journal 7 (May 27, 2016) |
Most - if not all - employers are aware that both federal and state laws preclude employment discrimination based upon the race or national origin of an employee, and know that illegal activity can include both discriminatory actions and biased statements. Most employers, however, are unaware that certain of those laws preclude discrimination by a... |
2016 |
| Meera E. Deo |
A Better Tenure Battle: Fighting Bias in Teaching Evaluations |
31 Columbia Journal of Gender and Law L. 7 (2015) |
As legal education undergoes significant changes with regard to both student enrollment and faculty hiring, the fight to keep law faculty tenure is at the forefront. But the focus on tenure should be about the standards themselves. A better approach would be to change tenure requirements to create a more just and inclusive set of standards and... |
2015 |
| Cynthia Lee |
A New Approach to Voir Dire on Racial Bias |
5 UC Irvine Law Review 843 (November, 2015) |
Introduction. 843 I. Voir Dire. 847 A. The Process of Voir Dire. 848 B. The Supreme Court's Jurisprudence on Voir Dire into Racial Bias. 852 II. Social Science Research on Race Salience. 860 A. Implicit Bias. 860 B. Race Salience. 861 III. Social Science Research on Racial Perceptions of Crime and Support for Punitive Criminal Justice Policies. 863... |
2015 |
| E. Gary Spitko |
A Reform Agenda Premised upon the Reciprocal Relationship Between Anti-lgbt Bias in Role Model Occupations and the Bullying of Lgbt Youth |
48 Connecticut Law Review 71 (November, 2015) |
Employment discrimination in role model occupations on the basis of LGBT status has long been used systematically to define negatively the LGBT identity and to reinforce the associations between the non-LGBT majority and certain positive qualities, values, and institutions. This Article argues that a reciprocal relationship exists between such... |
2015 |
| Sabreena El-Amin |
Addressing Implicit Bias Employment Discrimination: Is Litigation Enough? |
2015 Harvard Journal on Racial and Ethnic Justice Online 1 (2015) |
After the election of America's first Black president, many commentators--of all races--began to exclaim that Black people have no more excuses for failure. For these commentators, this historical moment seemed to symbolize that all obstacles had been lifted and that persisting racial disparities had to be the result of agency issues within the... |
2015 |
| Bryan Scott Ryan |
Alleviating Own-race Bias in Cross-racial Identifications |
8 Washington University Jurisprudence Review 115 (2015) |
Over the past 80 years, courts, social scientists, and legal scholars have come to agree that eyewitness testimony is largely unreliable due to a variety of confounding factors. One prominent factor that makes eyewitness testimony faulty is own-race bias; individuals are generally better at recognizing members of their own race and tend to be... |
2015 |
| Arusha Gordon , Ezra D. Rosenberg |
Barriers to the Ballot Box: Implicit Bias and Voting Rights in the 21st Century |
21 Michigan Journal of Race and Law 23 (Fall, 2015) |
While much has been written regarding unconscious or implicit bias in other areas of law, there is a scarcity of scholarship examining how implicit bias impacts voting rights and how advocates can move courts to recognize evidence of implicit bias within the context of a voting rights claim. This Article aims to address that scarcity. After... |
2015 |
| Stephanie Francis Ward |
Battling Bias |
101-DEC ABA Journal 15 (December, 2015) |
A recent U.S. Supreme Court opinion that addressed unconscious discrimination in a low-income housing case could have far-reaching effects on future civil rights and criminal cases involving implicit bias. The June 2015 opinion dealt with a claim against the Texas Department of Housing and Community Affairs. It alleged that the department... |
2015 |
| Sarah Anne Mourer |
Believe it or Not: Mitigating the Negative Effects Personal Belief and Bias Have on the Criminal Justice System |
43 Hofstra Law Review 1087 (Summer, 2015) |
I know that most men, including those at ease with problems of the greatest complexity, can seldom accept even the simplest and most obvious truth if it be such as would oblige them to admit the falsity of conclusions which they have delighted in explaining to colleagues, which they have proudly taught to others, and which they have woven, thread... |
2015 |
| George C. Chen |
Beneath the Surface: Why Diversity and Inclusion Matter for Lawyers of Color, and What Lawyers Can Do to Address Implicit Bias in the Legal Profession |
62-JUN Federal Lawyer 28 (June, 2015) |
It would not be surprising to hear that an Asian Pacific-American attorney was mistaken to be a translator or paralegal when she walked into a boardroom to lead complex negotiations on behalf of her client. Similarly, African-American and Hispanic lawyers are far too often assumed to be defendants when they enter courtrooms to defend their clients... |
2015 |
| Robert R. Kuehn |
Bias in Environmental Agency Decision Making |
45 Environmental Law 957 (Fall, 2015) |
Allegations of bias in administrative environmental decisions are common and seemingly increasing because of the significant economic and political interests in many disputes. From high profile national oil spills to local land use matters, parties to environmental proceedings allege conflicts of interest, favoritism, prejudgment of outcomes,... |
2015 |
| Nareissa L. Smith |
Built for Boyhood?: a Proposal for Reducing the Amount of Gender Bias in the Advertising of Children's Toys on Television |
17 Vanderbilt Journal of Entertainment and Technology Law 991 (Summer, 2015) |
While the last half-century has seen a dramatic increase in the number of US women in the workforce, women remain underrepresented in STEM (Science, Technology, Engineering, and Mathematics) fields. For years, researchers and social commentators have tried to explain the persistence of this gender gap. Some have even argued that genetic differences... |
2015 |
| Regina A. Schuller, Caroline Erentzen, Alice Vo, David Li, York University |
Challenge for Cause: Bias Screening Procedures and Their Application in a Canadian Courtroom |
21 Psychology, Public Policy, and Law 407 (November, 2015) |
Although there is a presumption of juror impartiality in Canadian law, this presumption may be set aside where there is evidence of widespread racial bias in the community from which the jury will be drawn. Following R. v. Parks (1993), defendants are entitled to challenge potential jurors if they believe that racial bias will interfere with the... |
2015 |
| James Babikian |
Cleaving the Gordian Knot: Implicit Bias, Selective Prosecution, & Charging Guidelines |
42 American Journal of Criminal Law 139 (Spring 2015) |
I. Introduction. 139 II. Prosecutorial Discretion & Prosecutorial Bias. 141 A. The Scope of Prosecutorial Power. 141 B. Discriminatory Effects & Implicit Bias. 144 III. Selective Prosecution Doctrine & Implicit Bias. 149 A. Overview of the Armstrong Standard. 150 1. Discriminatory Effect. 151 2. Discriminatory Intent. 152 B. Difficulties Litigating... |
2015 |
| Ashok Chandran |
Color in the "Black Box": Addressing Racism in Juror Deliberations |
5 Columbia Journal of Race and Law 28 (2015) |
The idea of trial by an impartial jury lies at the core of American criminal justice. Yet racism--both explicit and implicit--often has profound impacts on the administration of criminal law and criminal procedure. Such bias manifests itself at all levels of the system, including the deliberative process itself. Currently, however, defendants of... |
2015 |
| Mona Lynch |
Criminal Justice and the Problem of Institutionalized Bias--comments on Theory and Remedial Action |
5 UC Irvine Law Review 935 (November, 2015) |
Introduction. 935 I. The Assertions. 936 II. What Is Racial Bias?. 939 Conclusion. 943 |
2015 |
| Mario L. Barnes |
Criminal Justice for Those (Still) at the Margins--addressing Hidden Forms of Bias and the Politics of Which Lives Matter |
5 UC Irvine Law Review 711 (November, 2015) |
Americans believe in the reality of race as a defined, indubitable feature of the natural world. Racism--the need to ascribe bone-deep features to people and then humiliate, reduce, and destroy them--inevitably follows from this inalterable condition. In this way, racism is rendered as the innocent daughter of Mother Nature, and one is left to... |
2015 |
| Masua Sagiv |
Cultural Bias in Judicial Decision Making |
35 Boston College Journal of Law & Social Justice 229 (Spring, 2015) |
Abstract: This Essay describes the phenomenon of cultural bias in judicial decision making, and examines the use of testimonies and opinions of cultural experts as a way to diminish this bias. The Essay compares the legal regimes of the United States and Israel. Whereas in the United States, the general practice of using cultural experts in courts... |
2015 |
| Scott W. Howe |
Deselecting Biased Juries |
2015 Utah Law Review 289 (2015) |
Critics of peremptory-challenge systems commonly contend that they inevitably inflict inequality harm on many excused persons and should be abolished. Ironically, the Supreme Court fueled this argument with its decision in Batson v. Kentucky by raising and endorsing the inequality claim sua sponte and then purporting to solve it with an approach... |
2015 |
| Russell G. Pearce , Eli Wald , Swethaa S. Ballakrishnen |
Difference Blindness Vs. Bias Awareness: Why Law Firms with the Best of Intentions Have Failed to Create Diverse Partnerships |
83 Fordham Law Review 2407 (April, 2015) |
This Article uses the example of BigLaw firms to explore the challenges that many elite organizations face in providing equal opportunity to their workers. Despite good intentions and the investment of significant resources, large law firms have been consistently unable to deliver diverse partnership structures -- especially in more senior... |
2015 |
| Elayne E. Greenberg |
Fitting the Forum to the Pernicious Fuss: a Dispute System Design to Address Implicit Bias and 'Isms in the Workplace |
17 Cardozo Journal of Conflict Resolution 75 (Fall 2015) |
We can't solve problems by using the same kind of thinking we used when we created them. Albert Einstein This paper proposes a dispute system design to address workplace discrimination caused by implicit biases so that employees and employers involved in such disputes can secure a more responsive justice than existing legal processes are able to... |
2015 |
| Todd E. Pettys |
Free Expression, In-group Bias, and the Court's Conservatives: a Critique of the Epstein-parker-segal Study |
63 Buffalo Law Review Rev. 1 (January, 2015) |
On May 6, 2014, the New York Times reported on a new study conducted by three prominent political scientists -- Professors Lee Epstein, Jeffrey Segal, and Christopher Parker -- concerning Supreme Court justices' voting patterns in First Amendment free-expression cases. After analyzing all such cases decided between the Court's 1953 and 2010 terms,... |
2015 |
| Patrick C. Brayer |
Hidden Racial Bias: Why We Need to Talk with Jurors about Ferguson |
109 Northwestern University Law Review Online 163 (February 23, 2015) |
As recent tragic events confirm, issues of race frame our national identity and define our capacity to achieve true equality for all individuals. By its very nature and traditions, the law is a profession tasked with confronting inequality and discrimination in our society. As issues of race continue to influence our communities, nation, and world,... |
2015 |
| Sean D. O'Brien , Kathleen Wayland |
Implicit Bias and Capital Decision-making: Using Narrative to Counter Prejudicial Psychiatric Labels |
43 Hofstra Law Review 751 (Spring 2015) |
Psychiatric labels are often used in judicial proceedings involving issues of life, liberty, or access to rehabilitative treatment. The Hofstra Law Review invited us to expand our recent discussion of the use of such labels to invoke prejudicial stereotypes in death penalty cases. Our previous discussion urged courts to reconsider the admissibility... |
2015 |
| Nicole E. Negowetti |
Implicit Bias and the Legal Profession's "Diversity Crisis": a Call for Self-reflection |
15 Nevada Law Journal 930 (Spring 2015) |
Introduction. 930 I. The Legal Profession's Diversity Crisis . 934 II. Brief Overview of Implicit Bias Research. 935 III. The Effect of Implicit Bias on Diversity in the Legal Profession. 941 A. Implicit Bias in Attorney Hiring. 942 B. Implicit Bias and Lawyer Evaluations. 945 IV. Reason for Concern: The Importance of Diversity. 949 V. Mitigating... |
2015 |
| Justin D. Levinson , Koichi Hioki , Syugo Hotta |
Implicit Bias in Hawai'i: an Empirical Study |
37 University of Hawaii Law Review 429 (Spring, 2015) |
More than twenty years after pervasive implicit racial bias began to be documented by social scientists, a tremendous body of scholarship teaches citizens and scholars alike about the power and breadth of implicit racial bias in America and beyond. Hundreds of empirical studies have found, using wide-ranging methodologies, that people possess a... |
2015 |
| Tawnee Sakima, Scott Schmidtke |
Implicit Biases and Hawai'i's Educational Landscape: an Empirical Investigation |
37 University of Hawaii Law Review 501 (Spring, 2015) |
Students at the William S. Richardson School of Law conducted a multi-part study seeking empirical evidence of implicit biases related to education in Hawai'i. The objective was to discover whether implicit biases based on education exist in Hawai'i and, if so, collect meaningful data that could help to understand how implicit biases might distort... |
2015 |
| L. Song Richardson |
Implicit Racial Bias and the Perpetrator Perspective: a Response to Reasonable but Unconstitutional |
83 George Washington Law Review 1008 (April, 2015) |
In their Article, Reasonable but Unconstitutional: Racial Profiling and the Radical Objectivity of Whren v. United States, Professor Chin and Mr. Vernon not only provide a withering critique of the U.S. Supreme Court's unanimous decision in Whren v. United States but they also present novel doctrinal arguments for reversing its problematic dicta... |
2015 |
| Lori A. Buiteweg |
Improve Our Profession with Unconscious Bias Awareness and Correction |
94-NOV Michigan Bar Journal B.J. 8 (November, 2015) |
A my and Susan are first-year students at Tulane Law School in New Orleans. Amy is from Baton Rouge, Susan from Des Moines. Both women are passionate about equality and volunteered for student rights organizations during their undergraduate careers. The first Sunday morning after classes begin, Susan and Amy go out for breakfast and review their... |
2015 |
| Douglas N. Frenkel , James H. Stark |
Improving Lawyers' Judgment: Is Mediation Training De-biasing? |
21 Harvard Negotiation Law Review 1 (Fall, 2015) |
When people are placed in a partisan role or otherwise have an objective they seek to accomplish, they are prone to pervasive cognitive and motivational biases. These judgmental distortions can affect what people believe and wish to find out, the predictions they make, the strategic decisions they employ, and what they think is fair. A classic... |
2015 |
| Tasha Hill |
Inmates' Need for Federally Funded Lawyers: How the Prison Litigation Reform Act, Casey, and Iqbal Combine with Implicit Bias to Eviscerate Inmate Civil Rights |
62 UCLA Law Review 176 (January, 2015) |
The United States incarcerates a larger percentage of our population than any other country. Minority populations make up a substantially disproportionate percentage of those incarcerated. For a variety of reasons, violence perpetrated against incarcerated persons, including sexual assault, is epidemic, while inmates have very limited opportunities... |
2015 |
| Kathleen Mahoney QC, FRSC |
Judicial Bias: the Ongoing Challenge |
2015 Journal of Dispute Resolution 43 (Spring, 2015) |
This article calls for a renewed commitment to judicial education on the roles that gender, race, class and other biases can have on judicial decisions and impartiality. This article also calls for the appointment of a more representative and diverse judiciary. An explosion of activity occurred for about a decade between the late 1980s until the... |
2015 |
| Gregory S. Parks |
Judicial Recusal: Cognitive Biases and Racial Stereotyping |
18 NYU Journal of Legislation and Public Policy 681 (2015) |
Introduction. 681 I. The Realities of Judicial Race Bias. 683 II. White-on-Black Bias. 686 III. Black-on-White Bias. 689 IV. Black-on-Black Bias. 693 Conclusion. 696 |
2015 |
| Nancy S. Marder |
Juror Bias, Voir Dire, and the Judge-jury Relationship |
90 Chicago-Kent Law Review 927 (2015) |
Jury selection in the United States begins with voir dire, but not all countries with juries follow this practice. For example, in England, Australia, and Canada, there is a right to a jury trial in criminal cases, and yet, there is no voir dire or questioning of prospective jurors as part of their jury selection. Rather, in these three countries,... |
2015 |
| Breann Nu'uhiwa |
Language Is Never about Language: Eliminating Language Bias in Federal Education Law to Further Indigenous Rights |
37 University of Hawaii Law Review 381 (Spring, 2015) |
Language is power, life and the instrument of culture, the instrument of domination and liberation. -Angela Carter Before infants utter their first words or learn to assign meaning to speech, they develop preferences for those who speak their native languages in native accents. As children move into the preschool environment, language differences... |
2015 |
| Bruce A. Green |
Legal Discourse and Racial Justice: the Urge to Cry "Bias!" |
28 Georgetown Journal of Legal Ethics 177 (Spring, 2015) |
C1-2Table of Contents Introduction. 177 I. Criminal Justice Discourseand Implicit Biases. 180 II. NYC Stop-and-Frisk Litigation: A Case Study. 185 A. THE LONG LEAD-UP TO JUDGE SCHEINDLIN'S REMOVAL. 186 B. THE SECOND CIRCUIT'S QUESTIONABLE PROCESS. 191 C. THE SECOND CIRCUIT'S QUESTIONABLE EXPLANATIONS. 195 D. THE OPPORTUNITY TO ATTRIBUTE... |
2015 |
| Charles R. Lawrence III , Featuring a Poem by Kathy Jetnil-Kijiner |
Local Kine Implicit Bias: Unconscious Racism Revisited (Yet Again) |
37 University of Hawaii Law Review 457 (Spring, 2015) |
In 1987, I introduced the idea that anti-discrimination law should take cognizance of unconscious bias in an article titled The Id, The Ego and Equal Protection: Reckoning with Unconscious Racism. I argued that the purposeful intent requirement found in Supreme Court equal protection doctrine and in the Court's interpretation of anti-discrimination... |
2015 |
| Elizabeth Ingriselli |
Mitigating Jurors' Racial Biases: the Effects of Content and Timing of Jury Instructions |
124 Yale Law Journal 1690 (March, 2015) |
This Note examines, through an experimental design, whether juror biases against black defendants are explained by aversive racism theory or social identity theory and whether procedural justice can be used to decrease biases. The Note also examines whether the timing of debiasing jury instructions affects judgments of guilt. The experiment finds... |
2015 |
| Kenneth D. Chestek |
Of Reptiles and Velcro: the Brain's Negativity Bias and Persuasion |
15 Nevada Law Journal 605 (Spring 2015) |
Introduction. 606 I. Bad Is Stronger Than Good. 608 A. Social Science Findings. 609 B. Public Policy Example. 612 II. Why Is Bad Stronger Than Good?. 613 III. What Does This Have to Do with Persuasion?. 617 A. Are Judges Affected by the Negativity Bias?. 617 1. System 1 and System 2 Thinking. 618 2. Stake in the Outcome. 619 B. Addressing Adverse... |
2015 |