AuthorTitleCitationSummaryYear
Andrew E. Taslitz Trying Not to Be like Sisyphus: Can Defense Counsel Overcome Pervasive Status Quo Bias in the Criminal Justice System? 45 Texas Tech Law Review 315 (Fall, 2012) In general, the public, which on the whole likes its society orderly, is better disposed to the prosecutors as enforcers of order than to defense lawyers as challengers of that order in the interests of a fair trial. Defense lawyer and former prosecutor, Kendall Coffey [A]bsolutely everything that public defenders do is about challenging the... 2012
Molly O'Leary , President, Idaho State Bar Board of Commissioners What Do You Mean I'm Biased? 55-SEP Advocate 10 (September, 2012) Although there were many worthwhile CLE presentations at this year's annual meeting, one that really stood out for me was a presentation by Lauren Stiller Rikleen on Achieving Success in the Changing Landscape of Idaho's Legal Profession. Ms. Rikleen is currently an Executive-in-Residence at Boston College's Center for Work and Family in the... 2012
Jessica L. West 12 Racist Men: Post-verdict Evidence of Juror Bias 27 Harvard Journal on Racial & Ethnic Justice 165 (Spring 2011) I. Introduction. 166 II. The Evidentiary Prohibition on Post-Verdict Inquiry into Juror Deliberations. 171 A. The History of the Evidentiary Prohibition. 171 B. Concerns Protected by the Evidentiary Prohibition. 175 C. Contemporary Interpretation of the Rule: Tanner v. U.S. 178 III. The Evidentiary Prohibition within the Context of Juror... 2011
Maggie Elise O'Grady A Jury of Your Skinny Peers: Weight-based Peremptory Challenges and the Culture of Fat Bias 7 Stanford Journal of Civil Rights & Civil Liberties 47 (April, 2011) Introduction. 47 I. Weight-Based Peremptory Challenges are State-Sanctioned Anti-Fat Bias. 51 II. Weight-Based Peremptory Challenges Mask Unconstitutional Discrimination and Disproportionately Harm Other Protected Groups. 61 III. Weight-Based Peremptory Challenges Arbitrarily Strike Otherwise Qualified Citizens from Jury Service. 67 IV.... 2011
Brian R. Jones Bias-based Policing in Vermont 35 Vermont Law Review 925 (Summer, 2011) Despite the overwhelming reduction of discriminatory practices in the United States over the past several decades, disparate treatment of minorities persists. Specifically, the belief that some police officers base enforcement actions on race, bias, animus, or a combination of these factors persists. Bias-based policing-or racial profiling, as it... 2011
Frank Dobbin , Jiwook Jung Corporate Board Gender Diversity and Stock Performance: the Competence Gap or Institutional Investor Bias? 89 North Carolina Law Review 809 (March, 2011) Introduction. 809 I. Theories of Group Composition and Efficacy. 813 A. Theories Suggesting Advantages of Group Diversity. 814 B. Theories Suggesting Disadvantages of Group Diversity. 815 II. Research on Board Diversity and Performance. 817 III. Institutional Investor Activism, Institutional Investor Bias. 820 IV. Data and Methods. 825 A. Sample.... 2011
David Holland, Gil Lenz Exposing Immigration Bias During Voir Dire 99 Illinois Bar Journal 82 (February, 2011) Given the intense controversy over immigration, courts should allow questioning of prospective jurors on anti-immigrant and other immigration-related bias. The authors also suggest questions that practitioners can use to expose immigrant bias during jury selection. Few issues in America are more controversial than immigration. Arizona's immigration... 2011
Rosalie Berger Levinson Gender-based Affirmative Action and Reverse Gender Bias: Beyond Gratz, Parents Involved, and Ricci 34 Harvard Journal of Law & Gender Gender 1 (Winter 2011) I. Introduction. 1 II. History Behind the Affirmative Action Race/Gender Anomaly. 3 III. The Circuit Split on the Race/Gender Conundrum. 13 IV. Analogy to Race-Based Affirmative Action. 19 A. Remedial Purpose as a Justification for Affirmative Action. 20 B. The Diversity Rationale. 24 C. The Arguments Against Affirmative Action. 31 V. Conclusion.... 2011
Alex Ginsberg How New York's Bias Crimes Statute Has Exceeded its Intended Scope 76 Brooklyn Law Review 1599 (Summer, 2011) On the night of Oct. 8, 2006, twenty-eight-year-old Michael Sandy drove from his home in the Williamsburg section of Brooklyn to a quiet stretch of beach near the Belt Parkway. Sandy, a designer for a Long Island IKEA furniture store, believed he was headed for a late night tryst with a man he had met a short time earlier in an internet chat room.... 2011
Fatma E. Marouf Implicit Bias and Immigration Courts 45 New England Law Review 417 (Spring 2011) This Article highlights the importance of implicit bias in immigration adjudication. After tracing the evolution of prejudice in our immigration laws from explicit old-fashioned prejudice to more subtle forms of modern and aversive prejudice, the Article argues that the specific conditions under which immigration judges decide cases render... 2011
Jeffrey W. Stempel In Praise of Procedurally Centered Judicial Disqualification--and a Stronger Conception of the Appearance Standard: Better Acknowledging and Adjusting to Cognitive Bias, Spoliation, and Perceptual Realities 30 Review of Litigation 733 (Symposium 2011) I. Facing Reality: Judging and Judges in the Real World. 740 A. Unconscious Bias and Insufficient Self-Awareness. 740 B. The Inevitable Socio-Political Element of Adjudication. 750 C. Spoliation Concerns. 753 1. The Inherent Difficulty of Demonstrating the Impact of a Tainted Judge and the Harm of Harmless Error Analysis. 753 2. The Inherent... 2011
Mona Lynch, Craig Haney Mapping the Racial Bias of the White Male Capital Juror: Jury Composition and the "Empathic Divide" 45 Law and Society Review 69 (March, 2011) This article examines the nature of racial bias in the death sentencing process. After reviewing the various general explanations for the continued significance of race in capital cases, we report the results of an empirical study in which some aspects of racially biased death sentencing are examined in depth. Specifically, in a simulated capital... 2011
Anna Stolley Persky Numbers Tell the Tale 97-MAY ABA Journal 18 (May, 2011) IN NORTH CAROLINA, STATISTICS DON'T JUST TELL a story; they can let a death row inmate challenge his conviction. A 2009 state statute allows death row inmates to claim that racial bias unduly influenced the outcome of their trials. The Racial Justice Act specifically allows defendants to use statistics to support their claims. There are more than... 2011
Shelly Kreiczer Levy , Meital Pinto Property and Belongingness: Rethinking Gender-biased Disinheritance 21 Texas Journal of Women and the Law 119 (Fall 2011) INTRODUCTION. 120 I. DISINHERITANCE OF DAUGHTERS: THE PHENOMENON. 123 II. INHERITANCE LAW: STRUCTURE AND VALUES. 125 III. THE MEANING OF INHERITANCE. 129 IV. THE LIMITS OF TESTAMENTARY FREEDOM. 136 V. GENDER-BIASED DISINHERITANCE AND PUBLIC POLICY. 140 A. Equality, Respect, and Public Policy. 140 B. Religion, Culture, and Public Policy. 146 VI.... 2011
Melanie D. Wilson Quieting Cognitive Bias with Standards for Witness Communications 62 Hastings Law Journal 1227 (May, 2011) Last year, as part of a project to revise the ABA Criminal Justice Standards for Prosecution and Defense Functions, the ABA Criminal Justice Section initiated roundtable discussions with prosecutors, criminal defense lawyers, and academics throughout the United States. The Standards under review provide aspirational guidance for all criminal law... 2011
Eric Sandberg-Zakian Rethinking "Bias": Judicial Elections and the Due Process Clause after Caperton V. A.t. Massey Coal Co. 64 Arkansas Law Review 179 (2011) In 2004, Don Blankenship, president of the A.T. Massey Coal Company, spent more than $3 million of his own money supporting Brent Benjamin's candidacy in an electoral race for a seat on the West Virginia Supreme Court. At the time Blankenship made these massive expenditures, Massey Coal was in the process of appealing a $50 million tort verdict in... 2011
Amy L. Wax Supply Side or Discrimination? Assessing the Role of Unconscious Bias 83 Temple Law Review 877 (Summer 2011) An increasingly prominent theme in legal scholarship is that unconscious bias is an important contributor to social disparities by race and gender. The intensive focus on inadvertent motives is grounded in laboratory observations that purport to demonstrate that people's split-second reactions are influenced by group identity. Such responses, it is... 2011
Anna Kirkland, University of Michigan The Beauty Bias: the Injustice of Appearance in Life and Law. By Deborah L. Rhode. New York: Oxford University Press, 2010. 252 Pp. $24.95 Cloth 45 Law and Society Review 789 (September, 2011) Deborah Rhode's new book on appearance discrimination is a well-documented, thoughtful, and much-needed contribution to the discussion of potential injustice. The Beauty Bias addresses a broad audience, and Rhode clearly saw that the first challenge was to change the minds of those who think appearance is not a very important axis of injustice. The... 2011
Natalie Bucciarelli Pedersen A Legal Framework for Uncovering Implicit Bias 79 University of Cincinnati Law Review 97 (Fall 2010) Actors' implicit biases impact the law in areas ranging from employment discrimination to criminal law. Legal scholars are rightly concerned with the effects of implicit bias and have suggested a myriad of ways to counteract it. Many employment discrimination scholars, however, are pessimistic about the current law's potential to curtail the effect... 2010
William T. Bielby Accentuate the Positive: Are Good Intentions an Effective Way to Minimize Systemic Workplace Bias? 95 Virginia Law Review In Brief 117 (February 28, 2010) IN a recent article, Professor Bartlett argues that modifying legal tools in order to reduce implicit race and gender bias is a worthy goal, but one that is almost certainly unattainable. The modern workplace, in her view, is populated mostly by individuals who are well intentioned and committed to nondiscrimination. Legal coercion threatens... 2010
Bruce Hamilton Bias, Batson, and "Backstrikes": Snyder V. Louisiana Through a Glass, Starkly 70 Louisiana Law Review 963 (Spring, 2010) In order to get beyond racism, we must first take account of race. There is no other way. And in order to treat some persons equally, we must treat them differently. Justice Harry Blackmun Two unspoken, unwritten words wreak profoundly harmful effects on jury selection, as well as on the trials and verdicts that follow: whites only. This phrase... 2010
Teri Morris Civil Rights/employment Law--states Carry Weight of Employment Discrimination Protection: Resolving the Growing Problem of Weight Bias in the Workplace 32 Western New England Law Review 173 (2010) Should an employer be allowed to refuse to hire fat girls? Should a supervisor be allowed to monitor what an employee eats or call him a fat slob in front of clients and colleagues? Is it acceptable for a manager to refuse to promote a competent employee because he does not want a stupid, fat broad running his department? Should obese... 2010
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
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24