| Author | Title | Citation | Summary | Year |
| Judy L. Marchman |
Justice for All? |
72 Texas Bar Journal 494 (June, 2009) |
Southern Methodist University Dedman School of Law, in conjunction with the American Bar Association Judicial Division, held a symposium in early April to explore the perception of racial and ethnic bias in the courts. The symposium, titled Justice for All?, brought together three panels composed of academics, judges, and lawyers to discuss the... |
2009 |
| Rachael A. Ream |
Limitedvoirdire |
23-WTR Criminal Justice 22 (Winter, 2009) |
Within the framework of constitutional guarantees to trial by jury is the Sixth Amendment promise of an impartial jury in federal criminal cases. Individual jurors, though, come with preconceived ideas and prejudices based on life experiences that often interfere with the ability to provide such impartiality. The concepts of jury selection and voir... |
2009 |
| Antony Page , Michael J. Pitts |
Poll Workers, Election Administration, and the Problem of Implicit Bias |
15 Michigan Journal of Race and Law 1 (Fall 2009) |
Racial bias in election administration--more specifically, in the interaction between poll workers and voters at a polling place on election day--may be implicit, or unconscious. Indeed, the operation of a polling place may present an optimal setting for unconscious racial bias. Poll workers sometimes have legal discretion to decide whether or... |
2009 |
| Robert V. Wolf |
Race, Bias, and Problem-solving Courts |
21 National Black Law Journal 27 (2009) |
Introduction. 27 I. Race and the Justice System. 30 A. Racial/Ethnic Disparities. 31 B. Attitudes Toward the Justice System. 32 C. Sources of Disparities. 33 D. Problems with the Data. 34 E. Attempts to Address Bias in the Justice System. 35 II. Problem-Solving Courts. 37 A. Linking Participants to Social Services. 38 B. Legal Services. 41 C.... |
2009 |
| Melanie A. Conroy |
Real Bias: How Real Id's Credibility and Corroboration Requirements Impair Sexual Minority Asylum Applicants |
24 Berkeley Journal of Gender, Law & Justice 1 (Spring 2009) |
I. Introduction. 2 II. Sexual Minorities and the Law of Asylum. 3 III. Pre-Real ID Credibility and Corroboration Law and Problems. 5 A. Pre-Real ID Corroboration Law. 5 B. Pre-Real ID Corroboration Problems. 7 1. Corroborating the Persecution of Similarly-Situated Individuals. 8 2. Corroborating One's Sexual Minority Membership. 10 C. Pre-Real ID... |
2009 |
| Regina A. Schuller, Veronica Kazoleas, Kerry Kawakami |
The Impact of Prejudice Screening Procedures on Racial Bias in the Courtroom |
33 Law and Human Behavior 320 (August, 2009) |
Abstract The current study examines the impact of the challenge for cause procedure and its effectiveness in curbing racial prejudice in trials involving Black defendants. Participants were provided with a trial summary of a defendant charged with either drug trafficking or embezzlement. The race of the defendant was either White or Black, with... |
2009 |
| Tiffani N. Darden |
The Law Firm Caste System: Constructing a Bridge Between Workplace Equity Theory & the Institutional Analyses of Bias in Corporate Law Firms |
30 Berkeley Journal of Employment and Labor Law 85 (2009) |
Diversity eludes the most prestigious legal employers--the federal judiciary, academia, and elite law firms--despite enlightened scholarship diagnosing the quandaries of workplace equity in professional settings. While recruitment efforts stream attorneys of color into the lower ranks of corporate law firms, management and the legal profession... |
2009 |
| Reid Griffith Fontaine |
The Wrongfulness of Wrongly Interpreting Wrongfulness: Provocation, Interpretational Bias, and Heat of Passion Homicide |
12 New Criminal Law Review 69 (Winter, 2009) |
In U.S. criminal law, a defendant charged with murder can invoke the heat of passion defense, an affirmative, partial-excuse defense so that he may be instead found guilty of the lesser crime of manslaughter. This defense requires the defendant to demonstrate that he was significantly provoked and, as a direct result of the provocation, became... |
2009 |
| Antony Page |
Unconscious Bias and the Limits of Director Independence |
2009 University of Illinois Law Review 237 (2009) |
Corporate directors make difficult decisions: How much should we pay our CEO? Should we permit a lawsuit against a fellow director? Should we sell the company? Directors are legally obligated to decide in good faith based on the business merits of the issue rather than extraneous considerations and influences. Naturally, some directors may have... |
2009 |
| David L. Faigman , Nilanjana Dasgupta , Cecilia L. Ridgeway |
A Matter of Fit: the Law of Discrimination and the Science of Implicit Bias |
59 Hastings Law Journal 1389 (June, 2008) |
Integrating the insights gleaned from scientific research into the framework of the law requires courts to appreciate the empirical complexities of the former and the analytical details of the latter. This is no simple feat. It requires juxtaposing the lessons and limitations of science with the demands of the law. This feat has proved particularly... |
2008 |
| Morrison Torrey |
Actually Begin to Satisfy Aba Standards 211(a) and 212(a): Eliminate Race and Sex Bias in Legal Education |
43 Harvard Civil Rights-Civil Liberties Law Review 615 (Summer 2008) |
The American Bar Association Standards for Approval of Law Schools mandate non-discrimination and equality of opportunity, requiring law schools to demonstrate by concrete action a commitment to providing full opportunities for the study of law and entry into the profession by members of underrepresented groups, particularly racial and ethnic... |
2008 |
| Wendy Richards |
An Analysis of Recent Tax Reforms from a Marital-bias Perspective: it Is Time to Oust Marriage from the Tax Code |
2008 Wisconsin Law Review 611 (2008) |
As the American family dynamic continues to change, the tax code should change to reflect current population demographics. The tax treatment of marriage contrasts sharply with the actual role that marriage currently plays in society. The recent tax reforms took steps toward alleviating the burdens created by the marital bias but did little to... |
2008 |
| Stephen J. Choi, G. Mitu Gulati |
Bias in Judicial Citations: a Window into the Behavior of Judges? |
37 Journal of Legal Studies 87 (January, 2008) |
This article tests for the presence of bias in judicial citations within federal circuit court opinions. Our findings suggest bias along three dimensions. First, judges base outside-circuit citation decisions in part on the political party of the cited judge. Judges tend to cite judges of the opposite political party less often than would be... |
2008 |
| Deborah J. Merritt |
Bias, the Brain, and Student Evaluations of Teaching |
82 Saint John's Law Review 235 (Winter 2008) |
The complaints are never-ending, voluminous, and contradictory. I talk too loud or not loud enough. I walk too close to people and make them nervous. If I look at students, they are nervous. If I do not look at them they are angry. If I call on them, I am picking on them. If I do not call on them, I have a personal vendetta against them . . . .... |
2008 |
| Curtis J. Thomas |
Cat's in the Cradle: Tenth Circuit Provides Silver Spoon of Subordinate Bias Liability in Eeoc V. Bci Coca-cola Bottling Co. Of Los Angeles |
61 Oklahoma Law Review 629 (Fall, 2008) |
Many old cats, cunning, subtle, and sharp, and bearing a grudge against the whole race of mice beside, lay in wait for them, caught them, and cleared them out of the house, much to the advantage of the master of the establishment. Stephen Peters, an African-American merchandiser for BCI Coca-Cola Bottling Co. of Los Angeles (BCI), was terminated... |
2008 |
| Stephen Benard , In Paik , Shelley J. Correll |
Cognitive Bias and the Motherhood Penalty |
59 Hastings Law Journal 1359 (June, 2008) |
When women become mothers, their labor market prospects tend to suffer. A number of studies have documented that mothers experience worse labor market outcomes than women without children. Perhaps most well established is the motherhood wage penalty: mothers earn approximately 5% less per child than other workers, over and above any gender wage... |
2008 |
| Arin N. Reeves |
Colored by Race |
37-SPG Brief 28 (Spring, 2008) |
Does race color the way in which minority practitioners are evaluated by hiring committees in large law firms? Although there have always been stories and egregious examples, these anecdotes have often been dismissed as atypical and not representative of a profession that says it is committed to diversity. But Colored by Race: The Evaluation of... |
2008 |
| Taran S. Kaler |
Controlling the Cat's Paw: Circuit Split Concerning the Level of Control a Biased Subordinate must Exert over the Formal Decisionmaker's Choice to Terminate |
48 Santa Clara Law Review 1069 (2008) |
In a recent survey, fifteen percent of American workers perceived that they had been the subject of employment discrimination or bias at their workplace. In 2005, the United States Equal Employment Opportunity Commission (EEOC) received approximately 75,000 claims from employees alleging employment discrimination. To combat discrimination,... |
2008 |
| Jeffrey L. Needle |
Defeat the 'Cat's Paw' Defense to Vicarious Liability |
44-JUN Trial 52 (June, 2008) |
Numerous federal civil rights statutes protect employees from illegal discrimination, and a vital civil justice system is the mechanism for the enforcement of these statutes. However, recent developments concerning vicarious liability in employment discrimination cases threaten to replace the civil justice system with a system of corporate... |
2008 |
| Martin H. Malin , Monica Biernat |
Do Cognitive Biases Infect Adjudication? A Study of Labor Arbitrators |
11 University of Pennsylvania Journal of Business Law 175 (Fall 2008) |
Parties adjudicate their differences before numerous bodies, including judges, juries, administrative agencies, and arbitrators. One of the most fundamental requirements of due process is that the adjudicators be free from bias. Much bias, however, is not overt. Rather, it results from the way in which our brains operate. Every object is unique in... |
2008 |
| Eric A. Posner |
Does Political Bias in the Judiciary Matter?: Implications of Judicial Bias Studies for Legal and Constitutional Reform |
75 University of Chicago Law Review 853 (Spring 2008) |
This issue attests to the increasing significance of the empirical study of judges and judicial decisions. The two new empirical articles are just the latest in a cataract of studies that show that the political biases of judges, and other legally irrelevant characteristics of judges (such as race and sex), influence the voting patterns of judges... |
2008 |
| Jordan Blair Woods |
Ensuring a Right of Access to the Courts for Bias Crime Victims: a Section 5 Defense of the Matthew Shepard Act |
12 Chapman Law Review 389 (Fall 2008) |
Congress recently invoked its power under the Commerce Clause to pass the Local Law Enforcement Hate Crimes Prevention Act of 2007 (The Matthew Shepard Act). On December 6, 2007, Congressional Democrats dropped the Matthew Shepard Act from the U.S. Department of Defense authorization bill. With Democrats now in control of Congress and the election... |
2008 |
| Nelson P. Miller , Tracey Brame , Dale Iverson , Goldie Adele |
Equality as Talisman: Getting Beyond Bias to Cultural Competence as a Professional Skill |
25 Thomas M. Cooley Law Review 99 (2008) |
We hold these truths to be self-evident, as Thomas Jefferson's Declaration of Independence so eloquently invokes that which was also inspired by the ancients, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. In calling... |
2008 |
| Phyliss Craig-Taylor |
Lifting the Veil: the Intersectionality of Ethics, Culture, and Gender Bias in Domestic Violence Cases |
32 Rutgers Law Record 31 (Spring, 2008) |
This article will explore both theoretical and pragmatic questions which arise out of deconstructing the term objective and competent representation inside the paradigm of zealous representation, when viewed through the lens of domestic violence cases. These cases invoke highly problematic issues when examined in a homogeneous, rather than a... |
2008 |
| Jordan Blair Woods |
Taking the "Hate" out of Hate Crimes: Applying Unfair Advantage Theory to Justify the Enhanced Punishment of Opportunistic Bias Crimes |
56 UCLA Law Review 489 (December, 2008) |
Should bias crime perpetrators who, for personal gain, intentionally select victims from social groups that they perceive to be more vulnerable be punished similarly to typical bias crime perpetrators who are motivated by group hatred? In this Comment, I apply unfair advantage theory to argue that enhancing the punishment of opportunistic bias... |
2008 |
| Ronen Perry |
The Economic Bias in Tort Law |
2008 University of Illinois Law Review 1573 (2008) |
Economic loss is moving to the forefront of tort discourse on both sides of the Atlantic. A Council draft of the Restatement (Third) of Torts: Economic Torts and Related Wrongs is being appraised and discussed by prominent American tort scholars, and European academics are seeking common ground regarding liability for economic loss in the European... |
2008 |
| Joan C. Williams , Stephanie Bornstein |
The Evolution of "Fred": Family Responsibilities Discrimination and Developments in the Law of Stereotyping and Implicit Bias |
59 Hastings Law Journal 1311 (June, 2008) |
When Regina Sheehan announced that she was pregnant with her third child, her supervisor exclaimed, Oh, my God, she's pregnant again. That month, Sheehan was the only employee in her department placed into a performance matrix program, in which her supervisor, alone, set goals for her that she was expected to meet. Three months later, her... |
2008 |
| Frederick M. Lawrence |
The Evolving Federal Role in Bias Crime Law Enforcement and the Hate Crimes Prevention Act of 2007 |
19 Stanford Law and Policy Review 251 (2008) |
Debate over the proper role of federal law enforcement concerning bias-motivated crimes, popularly known as hate crimes, implicates criminal law doctrine and theory, issues of federalism, definitions of equality, and questions of free expression. The highest aspiration of a federal hate crime law is to demonstrate a national commitment to the... |
2008 |
| Ivan E. Bodensteiner |
The Implications of Psychological Research Related to Unconscious Discrimination and Implicit Bias in Proving Intentional Discrimination |
73 Missouri Law Review 83 (Winter, 2008) |
In most cases alleging discrimination in violation of a federal statute or the U.S. Constitution, the plaintiff must prove disparate treatment, i.e., intentional discrimination. These cases arise under several federal statutes that prohibit race discrimination, including (a) Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits... |
2008 |
| Catherine Smith |
Unconscious Bias and "Outsider" Interest Convergence |
40 Connecticut Law Review 1077 (May, 2008) |
In 1987, Charles Lawrence articulated an inherent flaw of the discriminatory intent requirement in equal protection jurisprudence by leveraging social science research to demonstrate that the behavior that produces racial discrimination is influenced by unconscious racial motivation. Twenty years later, the debate continues with increasing social... |
2008 |