| Author | Title | Citation | Summary | Year |
| 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 |
| Erik J. Girvan |
On Using the Psychological Science of Implicit Bias to Advance Anti-discrimination Law |
26 George Mason University Civil Rights Law Journal L.J. 1 (Fall 2015) |
Prologue: Three Portraits of Modern-Day Race Discrimination Job Opportunities. In a field study exploring employment discrimination, White and Black actors matched for physical characteristics and interpersonal skills applied to entry-level jobs with 340 New York City employers operating restaurants, retail sales, car washes, shipping and moving... |
2015 |
| Kenneth Lawson |
Police Shootings of Black Men and Implicit Racial Bias: Can't We All Just Get along |
37 University of Hawaii Law Review 339 (Spring, 2015) |
I am an invisible man. No, I am not a spook like those who haunted Edgar Allen Poe; nor am I one of your Hollywood movie ectoplasms. I am a man of substance, of flesh and bone, fiber and liquids--and I might even be said to possess a mind. I am invisible, understand, simply because people refuse to see me. Like the bodiless heads you see sometimes... |
2015 |
| Rachel D. Godsil , James S. Freeman |
Race, Ethnicity, and Place Identity: Implicit Bias and Competing Belief Systems |
37 University of Hawaii Law Review 313 (Spring, 2015) |
The concept of wahi pana merges the importance of place with that of the spiritual .. [T]his value links [Hawaiians to our past and our] future. Edward L. H. Kanahele You are where you came from. There are no disembodied selves. There are only humans embedded in practices, places, and cultures. Adrian McKinty We are constituted in significant part... |
2015 |
| Robert J. Smith |
Reducing Racially Disparate Policing Outcomes: Is Implicit Bias Training the Answer? |
37 University of Hawaii Law Review 295 (Spring, 2015) |
While public defenders, civil rights organizations, and academics have long championed the reduction of racially disparate policing outcomes, their chorus has added some transformational actors recently. Attorney General Eric Holder, for instance, has called for rigorous new standards to help end racial profiling. The police chief of Richmond,... |
2015 |
| Melinda A. Marbes |
Reshaping Recusal Procedures: Eliminating Decisionmaker Bias and Promoting Public Confidence |
49 Valparaiso University Law Review 807 (Spring, 2015) |
I. Introduction. 809 II. Partiality Problems. 811 A. Financial or Other Personal Interests in the Case. 812 B. Relational Interests in the Case. 814 C. Political Interests in the Case. 816 D. Personal Bias for or Against a Party or Participant. 817 E. A Common Thread in Partiality Problems. 819 III. Current Substantive Standards and Procedural... |
2015 |
| Maurice R. Dyson |
Still Using the Wrong Yardstick: Measuring Quality by the Proxies of Bias, Conformity, and Rumor |
31 Columbia Journal of Gender and Law 154 (2015) |
It is well overdue to confront the three main ill-advised measurements that perpetuate persistent discrimination in legal academia: bias, conformity, and rumor. When proxies for quality are measured by benchmarks of innuendo, it does a disservice to the legal academy, the individual faculty, the student body, and the legal profession that is shaped... |
2015 |
| Sarah Jane Forman |
The #Ferguson Effect: Opening the Pandora's Box of Implicit Racial Bias in Jury Selection |
109 Northwestern University Law Review Online 171 (February 23, 2015) |
It is a warm autumn night in St. Louis. The Cardinals are celebrating a 2-1 victory over the Los Angeles Dodgers in game four of the National League Championship Series. The bitter racial divisions that have erupted in this city following the shooting of unarmed teenager Michael Brown momentarily dissolve into a sea of red and white as fans dressed... |
2015 |
| Erik J. Girvan , Grace Deason , Eugene Borgida , University of Oregon, University of Wisconsin-La Crosse, University of Minnesota |
The Generalizability of Gender Bias: Testing the Effects of Contextual, Explicit, and Implicit Sexism on Labor Arbitration Decisions |
39 Law and Human Behavior 525 (October, 2015) |
Decades of social-psychological research show that gender bias can result from features of the social context and from individual-level psychological predispositions. Do these sources of bias impact legal decisions, which are frequently made by people subject to factors that have been proposed to reduce bias (training and accountability)? To answer... |
2015 |
| Holly N. Boyer |
The Measure of Misconduct |
38-NOV Los Angeles Lawyer 21 (November, 2015) |
JURORS, like all human beings, are imperfect. While the jury system may be imperfect, courts have long protected a litigant's constitutional right to a jury trial with 12 randomly selected impartial jurors capable and willing to decide the case solely on the evidence before it. Jurors are instructed only to consider the evidence presented to... |
2015 |
| Dayna Bowen Matthew |
Toward a Structural Theory of Implicit Racial and Ethnic Bias in Health Care |
25 Health Matrix: Journal of Law-Medicine 61 (2015) |
C1-2Contents Introduction. 61 I. Background. 64 II. The Social Science Record on Implicit Bias in Health Care. 66 III. The Shortcomings of the Symbolic Interactionism Perspective. 73 IV. Toward a New Paradigm. 81 Conclusion. 84 |
2015 |
| Jacob J. Key |
Walking the Fine Line of Admissibility: Should Statements of Racial Bias Fall under an Exception to Federal Rule of Evidence 606(b)? |
39 American Journal of Trial Advocacy 131 (Summer 2015) |
In To Kill a Mockingbird, Atticus Finch summarized the importance of juries: A court is only as sound as its jury, and a jury is only as sound as the men who make it up. Dating back to 1875, the United States Supreme Court began striking down statutes excluding African Americans from jury service. Although measures have been taken to minimize... |
2015 |
| Ronald Wheeler |
We All Do It: Unconscious Behavior, Bias, and Diversity |
107 Law Library Journal 325 (Spring, 2015) |
Mr. Wheeler suggests that many of our behaviors, in the workplace and elsewhere, are motivated by unconscious triggers and emotions, including racial biases. These behaviors, however, can be prevented by making conscious choices that enhance diversity. ¶1 The academic literature on diversity in librarianship and in the legal professions tends to... |
2015 |
| Ellen Marrus , Nadia N. Seeratan |
What's Race Got to Do with It? Just about Everything: Challenging Implicit Bias to Reduce Minority Youth Incarceration in America |
8 John Marshall Law Journal 437 (Spring, 2015) |
Introduction. 439 I. Disproportionate Minority Representation in the Criminal and Juvenile Justice System. 442 II. The Federal Role in Addressing Disproportionate Minority Contact in the Juvenile Justice System. 448 A. Disproportionality at Each OJJDP Decision Point. 454 1. Decision Point: Arrest. 455 2. Decision Points: Referral to Court,... |
2015 |
| John Pyun |
When Neurogenetics Hurts: Examining the Use of Neuroscience and Genetic Evidence in Sentencing Decisions Through Implicit Bias |
103 California Law Review 1019 (August, 2015) |
Courts increasingly use neuroscience and genetic evidence (neurogenetic evidence) to shed light on various aspects of a defendant's mental state and behavior. The evidence is particularly prevalent in cases involving defendants with mental illnesses and is used to determine issues of mental capacity, personal responsibility, and treatability.... |
2015 |
| Judge Dana Leigh Marks |
Who, Me? Am I Guilty of Implicit Bias? |
54 No. 4 Judges' Journal 20 (Fall, 2015) |
As I observe his testimony, I notice the witness is not looking me in the eye, making me begin to suspect that I am not being told the truth. I note my concern while the testimony continues. As his story comes out in a confusing jumble, with bits and pieces that are not firmly grounded in a chronological timeline, I am again plagued by doubts about... |
2015 |
| Rees Alexander |
A Model State Racial Justice Act: Fighting Racial Bias Without Killing the Death Penalty |
24 George Mason University Civil Rights Law Journal 113 (Spring 2014) |
Although most Americans report that they are comfortable with the death penalty, presumably they do not support a death sentencing system in which the color of a defendant's skin significantly influences whether a defendant is sentenced to die. Yet, throughout most of the country, courts limit how defendants facing death sentences (capital... |
2014 |
| Rachel D. Godsil |
Answering the Diversity Mandate |
286-FEB New Jersey Lawyer, the Magazine 44 (February, 2014) |
A law firm partner is working for the first time with a young black associate. The partner is cognizant that this associate is the only African American, and one of just a handful of women, among the first-year associates-- and also aware of the dearth of people of color among senior associates and partners. The young associate is assigned her... |
2014 |
| Jordan M. Singer |
Attorney Surveys of Judicial Performance Impressionistic, Imperfect, Indispensable |
98 Judicature 20 (July-August 2014) |
Attorney surveys are the most common features of judicial performance evaluation (JPE) programs across the country. From the formal, state-endorsed evaluation programs used in approximately 20 jurisdictions to the informal bar polls used in more than a dozen others, discerning what attorneys think about the judges before whom they appear lies at... |
2014 |
| Sahar Fathi |
Bias Crime Reporting: Creating a Stronger Model for Immigrant and Refugee Populations |
49 Gonzaga Law Review 249 (2013-2014) |
I. Introduction. 249 A. Definitions. 251 B. Statutory Authority. 252 II. So Many Laws, So Little Reporting: The Case of Washington State. 253 III. The Legalization of Ethnic Identity in the United States. 255 IV. Giving Immigrants a Voice Around the Country. 258 V. Reporting and Inclusion: The Seattle Model. 260 Immigrants and anti-immigrant... |
2014 |
| Richard Thompson Ford |
Bias in the Air: Rethinking Employment Discrimination Law |
66 Stanford Law Review 1381 (June, 2014) |
Employment discrimination jurisprudence assumes that key concepts such as discrimination, intent, causation, and the various prohibited grounds of discrimination refer to discrete and objectively verifiable phenomena or facts. I argue that all of these concepts are not just poorly or ambiguously defined; most are not capable of precise... |
2014 |
| M. Mark Heekin , Bruce W. Burton |
Bias in the College Football Playoff Selection Process: If the Devil Is in the Details, That's Where Salvation May Be Found |
24 Marquette Sports Law Review 335 (Spring 2014) |
In all of sports, at least in the United States, at every level, whether it's professional or amateur, there is some sort of a merit-based, competition-based, winner-take-all playoff or meet except in the Football Bowl Subdivision. Joe Barton, U.S. Representative (R-TX), as he introduced the College Football Playoff Act of 2009 to the US House of... |
2014 |
| Heather Antecol, Deborah A. Cobb-Clark, Eric Helland |
Bias in the Legal Profession: Self-assessed Versus Statistical Measures of Discrimination |
43 Journal of Legal Studies 323 (June, 2014) |
abstract Legal cases are won or lost on the basis of statistical discrimination measures, but workers' perceptions of discriminatory behavior are important for understanding labor supply decisions. Workers who believe that they have been discriminated against are more likely to leave their employers, and workers' perceptions of discrimination... |
2014 |
| John Tyler Clemons |
Blind Injustice: the Supreme Court, Implicit Racial Bias, and the Racial Disparity in the Criminal Justice System |
51 American Criminal Law Review 689 (Summer, 2014) |
The way to stop discrimination on the basis of race is to stop discriminating on the basis of race. This statement by Chief Justice John Roberts in 2007 is alluring in both its grammatical symmetry and its logical simplicity. Yet it encapsulates the naiveté of the view of racial discrimination currently held by the majority of the justices of the... |
2014 |
| Diane S. King |
Chapter Introduction: Bias in Litigation and among the Judiciary |
91 Denver University Law Review 803 (2014) |
Whereas our justice system has long acknowledged our faith in juries as a bedrock of our judicial system, due to the value of the combined wisdom of people with different backgrounds and beliefs, this concept is not applied when it comes to judges. Why not? Why do we assume that judges do not, or should not, bring their experiences to bear on their... |
2014 |
| Leland Ware |
Color-blind Racism in France: Bias Against Ethnic Minority Immigrants |
46 Washington University Journal of Law & Policy 185 (2014) |
Immigration from former colonies in North and sub-Saharan Africa has had a significant effect on France's demographic composition. That nation now has the largest Muslim population in Europe and conflicts involving ethnic minority populations have increased dramatically. In 2004, the French parliament adopted a law prohibiting female students from... |
2014 |
| Mark W. Bennett |
Confronting Cognitive "Anchoring Effect" and "Blind Spot" Biases in Federal Sentencing: a Modest Solution for Reforming a Fundamental Flaw |
104 Journal of Criminal Law and Criminology 489 (Summer 2014) |
Cognitive anchoring effect bias, especially related to numbers, like sentencing guidelines ranges, is widely recognized in cognitive psychology as an extremely robust and powerful heuristic. It is a cognitive shortcut that has a strong tendency to undermine judgments by anchoring a judgment to an earlier disclosed number, the anchor. Numerous... |
2014 |
| Evan M. McGuire |
Consensual Police-citizen Encounters: Human Factors of a Reasonable Person and Individual Bias |
16 Scholar: St. Mary's Law Review on Race and Social Justice 693 (2014) |
I. Introduction. 694 II. The Fourth Amendment: Levels of Police-Citizen Interactions. 696 A. Traditional Arrest. 696 B. Exigent Circumstances. 699 C. Terry stops and the Creation of the Police-Citizen Encounter. 700 III. Foundations of the Consensual Police-Citizen Encounter. 705 A. Conceptual Discrepancies. 706 IV. Societal and Cultural Biases... |
2014 |
| David Elkanich, Bonnie Richardson |
Considering Bias in Our Profession |
75-OCT Oregon State Bar Bulletin 34 (October, 2014) |
Most lawyers would agree that intimidation and harassment based on a protected class have no place in the practice of law. It is hard for some of us to even imagine that a lawyer or any professional would engage in such behavior. But unfortunately some lawyers do behave badly; and when they engage in such conduct, should the conduct be subjected to... |
2014 |
| Darren Lenard Hutchinson |
Continually Reminded of Their Inferior Position: Social Dominance, Implicit Bias, Criminality, and Race |
46 Washington University Journal of Law & Policy 23 (2014) |
The intersection of race and criminal law and enforcement has recently received considerable attention in US media, academic, and public policy discussions. Media outlets, for example, have extensively covered a series of incidents involving the killing of unarmed black males by law enforcement and private citizens. These cases include the killing... |
2014 |
| Nejat Anbarci , Jungmin Lee |
Detecting Racial Bias in Speed Discounting: Evidence from Speeding Tickets in Boston |
38 International Review of Law & Economics 11 (June, 2014) |
Article history: Received 17 September 2013 Received in revised form 28 January 2014 Accepted 3 February 2014 Available online 12 February 2014 JEL classification: J70 K42 Keywords: Police discretion Racial bias Speeding tickets Speed discounting We focus on a particular kind of discretionary behavior on the part of traffic officers when issuing... |
2014 |