| Author | Title | Citation | Summary | Year |
| Justin D. Levinson , Danielle Young |
Different Shades of Bias: Skin Tone, Implicit Racial Bias, and Judgments of Ambiguous Evidence |
112 West Virginia Law Review 307 (Winter, 2010) |
Introduction. 308 II. Scholarship on Implicit Bias and Race in Legal Decision-Making. 311 A. Legal Scholarship. 311 1. Non-Empirical Work on Implicit Bias in Society. 312 2. Non-Empirical Work on Implicit Bias in the Legal System. 315 3. Empirical Legal Scholarship. 319 B. Mock-Jury Research on Racial Bias. 323 III. Activating Powerful Racial... |
2010 |
| Grace Brainard |
Disrupting Implicit Racial Biases in the Workplace: Rethinking Affirmative Action in the Wake of Ricci V. Destefano |
2 Georgetown Journal of Law & Modern Critical Race Perspectives 53 (Spring, 2010) |
In March of 2009, the Supreme Court broke its twenty-two year silence regarding affirmative action programs in public employment. In Ricci v. DeStefano, one Latino and seventeen White firefighters brought suit against New Haven, Connecticut (the City) in the wake of a fire department examination to assess the eligibility of its firemen for... |
2010 |
| Adam Benforado |
Frames of Injustice: the Bias We Overlook |
85 Indiana Law Journal 1333 (Fall, 2010) |
The Cultural Cognition Project (CCP) at Yale Law School and the Project on Law and Mind Sciences (PLMS) at Harvard Law School draw on similar research and share a similar goal of uncovering the dynamics that shape risk perceptions, policy beliefs, and attributions underlying our laws and legal theories. Nonetheless, the projects have failed to... |
2010 |
| Perry L. Moriearty |
Framing Justice: Media, Bias, and Legal Decisionmaking |
69 Maryland Law Review 849 (2010) |
I. Introduction. 850 II. Constructing a Superpredator . 860 A. Wilding . 862 B. Stone Cold Predators and Crime Tsunamis . 864 C. Media Myths. 868 D. Believing the Hype. 871 E. Ignoring the Juvenile Court. 873 III. From Parens Patriae to Penal Disproportionality. 875 A. The Modern Juvenile Court. 875 B. The Problem of Disproportionate... |
2010 |
| Daniel Gordon |
Gender, Race and Limiting the Constitutional Privilege of Religion as a Haven for Bias: the Bridge Back to the Twentieth Century |
31 Women's Rights Law Reporter 369 (Summer 2010) |
In 2008, a United States District Court found that a school of theology could terminate the employment of a female assistant professor because she was a female. The District Court rejected the professor's claim that under Title VII she possessed the right to be free of gender discrimination. The right to be free from gender discrimination acceded... |
2010 |
| Justin D. Levinson , Huajian Cai , Danielle Young |
Guilty by Implicit Racial Bias: the Guilty/not Guilty Implicit Association Test |
8 Ohio State Journal of Criminal Law 187 (Fall, 2010) |
Legal scholarship on racial discrimination has turned to the science of implicit social cognition to explain how the human mind automatically manifests biases against disfavored social groups. Much of this discourse on implicit bias focuses on the potential for massive, but hard to detect discrimination in the employment context. Yet, other legal... |
2010 |
| Carol Izumi |
Implicit Bias and the Illusion of Mediator Neutrality |
34 Washington University Journal of Law and Policy 71 (2010) |
Plaintiff (P), the owner/operator of a carpet cleaning business, sued the defendant-homeowners for $500 in a breach of contract action for the unpaid balance of a $1,000 carpet cleaning agreement. Defendants (Ds or Mr. and Mrs. D) counterclaimed for the return of the $500 deposit they paid before work began. Ds hired P to dry out and clean the... |
2010 |
| Jerry Kang |
Implicit Bias and the Pushback from the Left |
54 Saint Louis University Law Journal 1139 (Summer 2010) |
Over the past three decades, the mind sciences have provided remarkable insights about how our brains process social categories. For example, scientists have discovered that implicit biases--in the form of stereotypes and attitudes that we are unaware of, do not consciously intend, and might reject upon conscious self-reflection--exist and have... |
2010 |
| Gregory S. Parks , Jeffrey J. Rachlinski |
Implicit Bias, Election '08, and the Myth of a Post-racial America |
37 Florida State University Law Review 659 (Spring, 2010) |
The election of Barack Obama as the forty-fourth President of the United States signals that the traditional modes of thinking about race in America are outdated. Commentators and pundits have begun to suggest that the election of a black man to the nation's highest office means that the United States has entered a post-racial era in which civil... |
2010 |
| Justin D. Levinson , Danielle Young |
Implicit Gender Bias in the Legal Profession: an Empirical Study |
18 Duke Journal of Gender Law & Policy 1 (Fall 2010) |
Commentators have marveled at the continuing lack of gender diversity in the legal profession's most influential and honored positions. After achieving near equal numbers of male and female law school graduates for approximately two decades, the gap between men and women in law firms, legal academia, and the judiciary remains stark. Several... |
2010 |
| Brandon C. Pond |
Juror Testimony of Racial Bias in Jury Deliberations: United States V. Benally and the Obstacle of Federal Rule of Evidence 606(b) |
2010 Brigham Young University Law Review 237 (2010) |
In the Tenth Circuit's recent decision United States v. Benally, the court held that post-verdict juror testimony of racist comments made by fellow jurors during deliberations is inadmissible under Federal Rule of Evidence 606(b) (Rule 606(b)). According to the court, Rule 606(b) stands as a nearly insurmountable obstacle to the admission of any... |
2010 |
| Andrew W. Bribriesco |
Latino/a Plaintiffs and the Intersection of Stereotypes, Unconscious Bias, Race-neutral Policies, and Personal Injury |
13 Journal of Gender, Race and Justice 373 (Winter 2010) |
A man is driving down the street in his pickup truck. He is on his way to work. For twenty years, the man has taken the same route to the factory--he passes two large intersections on Highway One and turns right on Riverside Drive. While crossing the second intersection, another car fails to stop at the red light and crashes into the side of the... |
2010 |
| Adam M. Acosta |
Len Bias' Death Still Haunts Crack-cocaine Offenders after Twenty Years: Failing to Reduce Disproportionate Crack-cocaine Sentences under 18 U.s.c. § 3582 |
53 Howard Law Journal 825 (Spring 2010) |
INTRODUCTION. 826 I. EVOLVING STANDARDS OF JUSTICE: THE STRUGGLE TO FIX A SENTENCING DISPARITY. 831 A. The Birth of the Hundred-to-One Crack-Cocaine Disparity. 831 B. Amending the Disparity. 834 C. Plea Agreements, Sentencing Agreements, and the Binding Implications. 836 II. CAN A BINDING PLEA AGREEMENT BE BASED ON SENTENCING GUIDELINES?. 839 A.... |
2010 |
| William Y. Chin |
Linguistic Profiling in Education: How Accent Bias Denies Equal Educational Opportunities to Students of Color |
12 Scholar: St. Mary's Law Review on Minority Issues 355 (Symposium 2010) |
Abstract. 356 I. Introduction. 357 II. Accent Bias in Education Exists. 358 A. Bias Against Black Speakers. 359 B. Bias Against Asian Speakers. 361 C. Bias Against Latina/o Speakers. 362 D. Bias Against Arab Speakers. 363 III. Accent Bias Negatively Affects Accented Students of Color. 364 A. Accented Students Are Denied Access to Charter Schools.... |
2010 |
| Marie McManus Degnan |
No Actual Bias Needed: the Intersection of Due Process and Statutory Recusal |
83 Temple Law Review 225 (Fall, 2010) |
Judges frequently come under fire in the court of public opinion for their failure to recuse. Justice Scalia was the subject of a media firestorm in 2004 when he refused to recuse himself from a case involving Vice President Dick Cheney after he and the Vice President had gone duck hunting together while the case was pending. In the Ninth Circuit,... |
2010 |
| Kirin F. Hilliar, Richard I. Kemp, Thomas F. Denson |
Now Everyone Looks the Same: Alcohol Intoxication Reduces the Own-race Bias in Face Recognition |
34 Law and Human Behavior 367 (October, 2010) |
Abstract Several factors influence the reliability of eyewitness identification evidence. Typically, recognition for same-race faces is better than for different-race faces (the own-race bias), and alcohol intoxication decreases overall face recognition accuracy. This research investigated how alcohol intoxication influences the own-race bias.... |
2010 |
| Adam Benforado |
Quick on the Draw: Implicit Bias and the Second Amendment |
89 Oregon Law Review Rev. 1 (2010) |
Abstract. 2 Introduction. 3 A. Racism, Guns, and Fear. 3 B. Another Connection Story. 8 I. Racism and Gun Rights. 11 A. A Changing Landscape. 11 1. Guns. 12 a. A New View of the Second Amendment. 12 b. A Thriving Gun Culture. 14 c. More Guns, More Gun Ownership, More Gun Permits. 18 d. Gun Use: Private Enforcers?. 20 2. Racism and Disparate... |
2010 |
| Jerry Kang , Kristin Lane |
Seeing Through Colorblindness: Implicit Bias and the Law |
58 UCLA Law Review 465 (December, 2010) |
Once upon a time, the central civil rights questions were indisputably normative. What did equal justice under law require? Did it, for example, permit segregation, or was separate never equal? This is no longer the case. Today, the central civil rights questions of our time turn also on the underlying empirics. In a post-civil rights era, in... |
2010 |
| Gary Ford |
The New Jim Crow: Male and Female, South and North, from Cradle to Grave, Perception and Reality: Racial Disparity and Bias in America's Criminal Justice System |
11 Rutgers Race & the Law Review 323 (2010) |
The new Jim Crow is the criminal justice system and its impact on poor people in general and people of colour in particular. Desre'e Watson, a six year-old black girl was arrested and charged with a felony for disruption of her kindergarten class. Shaquanda Cotton, a fifteen-year old black girl with attention deficit hyperactivity disorder... |
2010 |
| Judge Mark W. Bennett |
Unraveling the Gordian Knot of Implicit Bias in Jury Selection: the Problems of Judge-dominated Voir Dire, the Failed Promise of Batson, and Proposed Solutions |
4 Harvard Law & Policy Review 149 (Winter 2010) |
At a 1993 meeting of his organization Operation PUSH, on the topic of street crime, the Reverend Jesse Jackson told the audience, There is nothing more painful to me at this stage in my life than to walk down the street and hear footsteps and start thinking about robbery . . . . Then look around and see somebody white and feel relieved.... |
2010 |
| Ralph Richard Banks , Richard Thompson Ford |
(How) Does Unconscious Bias Matter?: Law, Politics, and Racial Inequality |
58 Emory Law Journal 1053 (2009) |
During the past several years, psychological research on unconscious racial bias has grabbed headlines, as well as the attention of legal scholars. The most well-known test of unconscious bias is the Implicit Association Test (IAT), a sophisticated and methodologically rigorous computer-administered measure that has been taken by millions of people... |
2009 |
| Jordan Blair Woods |
Addressing Youth Bias Crime |
56 UCLA Law Review 1899 (August, 2009) |
Bias crime statistics legislation does not require law enforcement agencies to collect data on the ages of bias crime perpetrators, and bias crime penalty enhancements do not distinguish between youth and adult offenders. As a result, little data exists on youth bias crime, and the consequences of applying bias crime penalty enhancements to adult... |
2009 |
| Elina Tetelbaum |
Check Your Identity-baggage at the Firm Door: the Ethical Difficulty of Zealous Advocacy in Bias-ridden Courtrooms |
14 Texas Journal on Civil Liberties & Civil Rights 261 (Spring 2009) |
I. Introduction. 262 II. A Matter of Pecuniary Self-Interest?. 264 III. Why Protect the Attorney's Interests?. 267 IV. Potential Ways to Evade Dilemma. 270 A. Voir Dire. 270 B. A Role for Judges?. 273 V. Towards Justifying and Regulating Firms' Treatment of Identity-Baggage in Litigation. 276 VI. Proposal for Ethical Regulation. 281 VII. The... |
2009 |
| Colin Miller |
Dismissed with Prejudice: Why Application of the Anti-jury Impeachment Rule to Allegations of Racial, Religious, or Other Bias Violates the Right to Present a Defense |
61 Baylor Law Review 872 (Fall 2009) |
I. Introduction. 874 II. The Proscription on Post-Trial Jury Impeachment of Verdicts. 880 A. The Common Law History of the Anti-Jury Impeachment Rule. 880 1. Mansfield's Rule. 880 2. The Iowa Rule. 881 3. Post-Iowa Rule Variations. 882 4. The Supreme Court's Attempts at Clarification. 883 B. The Legislative History Behind Federal Rule of Evidence... |
2009 |
| Minna J. Kotkin |
Diversity and Discrimination: a Look at Complex Bias |
50 William and Mary Law Review 1439 (April, 2009) |
Multiple claims have become a fixture of employment discrimination litigation. It is common, if not ubiquitous, for court opinions to begin with a version of the following litany: Plaintiff brings this action under Title VII and the ADEA for race, age, and gender discrimination. Equal Employment Opportunity Commission (EEOC) statistics show... |
2009 |
| Jeffrey J. Rachlinski , Sheri Lynn Johnson , Andrew J. Wistrich , Chris Guthrie |
Does Unconscious Racial Bias Affect Trial Judges? |
84 Notre Dame Law Review 1195 (March, 2009) |
Race matters in the criminal justice system. Black defendants appear to fare worse than similarly situated white defendants. Why? Implicit bias is one possibility. Researchers, using a well-known measure called the Implicit Association Test, have found that most white Americans harbor implicit bias toward black Americans. Do judges, who are... |
2009 |
| Rachel J. Anderson |
From Imperial Scholar to Imperial Student: Minimizing Bias in Article Evaluation by Law Reviews |
20 Hastings Women's Law Journal 197 (Summer 2009) |
Law professors have been complaining about student-run law reviews for decades; an expression of dissatisfaction with the evaluation of legal scholarship and selection of articles by law students is not new. Corporate law scholars complain that students are not interested in publishing scholarship on corporate issues. Critical race scholars... |
2009 |
| Warren Moïse |
I'm Booored! Bias and the Busy Trial Lawyer |
20-JAN South Carolina Lawyer 10 (January, 2009) |
Recently I took a vacation trip to London. After several days, a side trip to Cardiff, Wales, and innumerable trips about town with the world's most pleasant taxi drivers, I flew home from Gatwick Airport. In the seat immediately in front of me was a roundheaded young redhead. When her mother mentioned en route that we'd have to fly seven more... |
2009 |
| Gregory S. Parks , Jeffrey J. Rachlinski , Richard A. Epstein |
Implicit Race Bias and the 2008 Presidential Election: Much Ado about Nothing? |
157 University of Pennsylvania Law Review PENNumbra 210 (2009) |
The election of Barack Obama marks a significant milestone for race relations in our nation--on this much our debaters agree. The meaning of this milestone for the future of race-based policies, such as affirmative action and antidiscrimination laws, is where they disagree. Dr. Gregory Parks and Professor Jeffrey Rachlinski argue that any... |
2009 |
| Kate Nace Day , Russell G. Murphy |
Just Trying to Be Human in this Place: Storytelling and Film in the First-year Law School Classroom |
39 Stetson Law Review 247 (Fall 2009) |
Law school reform is in the air. -- Susan Sturm & Lani Guinier The plain fact is that American legal education, and especially its formative first year, remains remarkably similar to the curriculum invented at the Harvard Law School by Christopher Columbus Langdell over a century and a quarter ago. Invented, that is, not just before the Internet,... |
2009 |