| Author | Title | Citation | Summary | Year |
| Stephen J. Choi, G. Mitu Gulati |
Ranking Judges According to Citation Bias (As a Means to Reduce Bias) |
82 Notre Dame Law Review 1279 (March, 2007) |
Most view the ideal judge as a neutral and unbiased decision maker; the scales of justice are not supposed to tilt one way or the other. Judges are not supposed to come to cases with preconceptions that defendants of a particular race or ethnicity are guilty, securities fraud lawsuits are frivolous, or that tax fraud cases involve cheats.... |
2007 |
| Daniel A. Smith |
Representation and the Spatial Bias of Direct Democracy |
78 University of Colorado Law Review 1395 (Fall 2007) |
Daniel Smith analyzes whether direct democracy favors urban and suburban voters' interests at the expense of rural voters' interests. After reviewing existing academic literature on the (sub)urban rural divide in direct democracy contests, the author performs an empirical analysis of county-level voting data on numerous recent Colorado ballot... |
2007 |
| Alex Geisinger |
Rethinking Profiling: a Cognitive Model of Bias and its Legal Implications |
86 Oregon Law Review 657 (2007) |
Sometimes referred to as Driving While Black, but actually encompassing any time that law enforcement uses a person's race as the basis for acting, racial profiling has become a matter of serious public concern. Academic debate of profiling has taken a variety of forms but often returns to a basic question regarding the rationality of police... |
2007 |
| Brian W. Collins |
Tackling Unconscious Bias in Hiring Practices: the Plight of the Rooney Rule |
82 New York University Law Review 870 (June, 2007) |
This Note analyzes the National Football League's (NFL) 2002 decision to implement an innovative--and controversial--policy aimed at increasing the League's number of minority head coaches. Designated the Rooney Rule, the policy mandates that every NFL team interview at least one minority candidate upon the vacancy of a head coaching position or... |
2007 |
| E. Earl Parson, B.A., J.D., LLM , Monique McLaughlin, B.A., J.D. |
The Persistence of Racial Bias in Voting: Voter Id, the New Battleground for Pretextual Race Neutrality |
8 Journal of Law in Society 75 (Summer, 2007) |
The right to vote is the cornerstone of our representative form of government. It is the one right, perhaps more than any other, upon which all other constitutional rights depend for their effective protection. It must be zealously safeguarded. Universal suffrage is one of the most cherished concepts of American democracy despite a history of... |
2007 |
| Anand Swaminathan |
The Rubric of Force: Employment Discrimination in the Context of Subtle Biases and Judicial Hostility |
3 Modern American 21 (Spring, 2007) |
When the United States Supreme Court instructed lower federal courts to enforce Brown v. Board of Education with all deliberate speed, it made vagueness and gradualism its official policy for social advancement. Fifty years along the path of gradualism, has our society lost the ability to make continuing progress in combating racial... |
2007 |
| Frank P. Andreano |
Voir Dire: New Research Challenges Old Assumptions |
95 Illinois Bar Journal 474 (September, 2007) |
Voir dire, the literal translation of which is to see and speak the truth, is generally considered one of the most critical aspects of a trial. During this pre-trial interview, prospective jurors are asked to provide information about their background, attitudes and beliefs. In theory, these self-disclosures reveal any bias or prejudice that... |
2007 |
| Melanie Gart |
A. Permitting Unsubstantiated Own-race Bias Arguments in Summation Invites Juror Confusion and Irrelevant Racial Considerations into Criminal Trials |
65 Maryland Law Review 1018 (2006) |
In Smith v. State, the Court of Appeals considered for the first time whether a defense counsel may attack a white victim's identification of two black defendants with unsupported own-race bias (ORB) arguments during summation. The court held that the criminal defendant's right to effective advocacy entitled him to attack the credibility of the... |
2006 |
| |
Advisory Vote: Mcle Elimination of Bias Requirement |
66-MAR Oregon State Bar Bulletin 13 (February/March, 2006) |
QUESTION: Should the rules of professional conduct governing the practice of law be amended to provide that no member of the Oregon State Bar shall be subject to suspension, or otherwise be subject to any sanction, for failing to complete or report any MCLE credit hours on the subject of elimination of bias? RESULT OF YES VOTE: Yes vote... |
2006 |
| Linda Hamilton Krieger , Susan T. Fiske |
Behavioral Realism in Employment Discrimination Law: Implicit Bias and Disparate Treatment |
94 California Law Review 997 (July, 2006) |
The first call of a theory of law is that it should fit the facts. - Oliver Wendell Holmes Although they serve different social functions and employ different methods and tools, both law and the empirical social sciences need, use, and produce theories of human behavior. But their respective relationships to these theories differ in significant... |
2006 |
| Michèle Alexandre |
Dance Halls, Masquerades, Body Protest and the Law: the Female Body as a Redemptive Tool Against Trinidad's Gender-biased Laws |
13 Duke Journal of Gender Law & Policy 177 (Spring 2006) |
Male domination of the female body is the basic material reality of women's lives; and all struggle for dignity and self-determination is rooted in the struggle for actual control of one's own body . . . . The very word erotic comes from the Greek word eros, the personification of love in all its aspects-born of Chaos, and personifying creative... |
2006 |
| R. Richard Banks, Jennifer L. Eberhardt, Lee Ross |
Discrimination and Implicit Bias in a Racially Unequal Society |
94 California Law Review 1169 (July, 2006) |
For most of American history, racial discrimination was legally permissible and racial bias was openly espoused. African Americans, in particular, were regarded as inferior to Whites and subjected to the most rank forms of overt discrimination. Now, our society seems to have developed a broad consensus in opposition to racial bias and to... |
2006 |
| Janine Robben |
Elimination of Bias |
66-MAR Oregon State Bar Bulletin Bull. 9 (February/March, 2006) |
West Linn attorney Diane Gruber is mad as hell that she has to take classes on elimination of bias if she wants to be able to practice law in Oregon. So mad that she promoted a petition to allow bar members to vote on whether the Minimum Continuing Legal Education (MCLE) requirement should be retained. I've attended seven diversity seminars in... |
2006 |
| Maria Greco Danaher, For The Lawyers Journal |
Employer Liable for a Termination Based on Biased Supervisor's Recommendation |
8 No. 14 Lawyers Journal J. 3 (July 7, 2006) |
A number of appellate courts have held that employers may not insulate themselves from Title VII liability by ensuring that decision makers are isolated from the affected employee. The Tenth U.S. Circuit Court of Appeals recently joined this group by holding that a termination based solely upon a biased supervisor's recommendation could lead to... |
2006 |
| Carmel Sileo |
Executive Women Drive Rise in Pregnancy Bias Lawsuits |
42-JUL Trial 18 (July, 2006) |
Sarah Babb, a manager at Merisant--the company that makes the artificial sweetener Equal--got pregnant last year. But what should have been a joyous time soon turned bitter: In her ninth month of pregnancy, Babb lost the baby. Two months later, she lost her job. Babb is suing the Chicago-based company over her firing, claiming Merisant... |
2006 |
| Anthony G. Greenwald , Linda Hamilton Krieger |
Implicit Bias: Scientific Foundations |
94 California Law Review 945 (July, 2006) |
The assumption that human behavior is largely under conscious control has taken a theoretical battering in recent years. Although this assault in some ways resembles the previous century's Freudian revolution, there are important differences between the two. Freud's views of unconscious mechanisms were embedded in a theory that never achieved... |
2006 |
| Hillel Y. Levin, John W. Emerson |
Is There a Bias Against Education in the Jury Selection Process? |
38 Connecticut Law Review 325 (February, 2006) |
Herbert Spencer famously said that a jury is a group of twelve people of average ignorance. That is not a particularly rosy picture of juror competence, but it presents a far better view than the one held by many--if not most--modern commentators. The more common contemporary sentiment was captured by Mark Twain when he wrote, in his inimitable... |
2006 |
| Tobin A. Sparling |
Keeping up Appearances: the Constitutionality of the Model Code of Judicial Conduct's Prohibition of Extrajudicial Speech Creating the Appearance of Bias |
19 Georgetown Journal of Legal Ethics 441 (Spring, 2006) |
C1-3Table of Contents I. Introduction. 443 II. Diverging Conceptions of Judges and Judging. 445 A. TRADITIONALIST JURISPRUDENCE. 445 B. REVISIONIST JURISPRUDENCE. 447 III. The Model Code of Judicial Conduct. 449 IV. Republican Party of Minnesota v. White. 454 V. Conflicting Approaches to the Appearance of Extrajudicial Bias. 460 A. MISSISSIPPI... |
2006 |
| Rene Bowser |
Medical Civil Rights: the Exclusion of Physicians of Color from Managed Care: Business or Bias? |
4 Hastings Race and Poverty Law Journal J. 1 (Fall 2006) |
The United States is rapidly becoming more diverse, as demonstrated by the fact that nonwhite racial and ethnic minorities will likely constitute a majority of Americans later in this century. The representation of African Americans, Latino/as, Asian Americans, and Native Americans in medicine, however, has grown only modestly over the past 25... |
2006 |
| Michael I. Norton , Joseph A. Vandello , Samuel R. Sommers , John M. Darley , Harvard Business School, University of South Florida, Tufts University, Princeton University |
Mixed Motives and Racial Bias |
12 Psychology, Public Policy, and Law 36 (February, 2006) |
Recent high-profile court rulings addressing the influence of illegitimate informationsuch as raceon decision making have highlighted the difficulty of establishing whether and when discrimination has occurred. One factor complicating such efforts is that decision makers are often simultaneously influenced by racial and nonracial information. The... |
2006 |
| Lyombe Eko |
New Medium, Old Free Speech Regimes: the Historical and Ideological Foundations of French & American Regulation of Bias-motivated Speech and Symbolic Expression on the Internet |
28 Loyola of Los Angeles International and Comparative Law Review 69 (Winter 2006) |
One of the most contentious issues in Internet governance at the national and international levels is bias-motivated or hate speech. This type of communication is characterized by vitriolic expressions of hatred towards individuals or groups on the basis of their race, ethnicity, religion, national origin, or sexual orientation. In the Internet... |
2006 |
| Therese A. Huston |
Race and Gender Bias in Higher Education: Could Faculty Course Evaluations Impede Further Progress Toward Parity? |
4 Seattle Journal for Social Justice 591 (Spring/Summer, 2006) |
Colleges and universities are making uneven progress towards reaching gender and racial equity. Although great strides have been made to increase the proportion of female to male students at the undergraduate level, less progress has been made in balancing the proportion of female to male faculty. Likewise, certain racial and ethnic groups have... |
2006 |
| Tracy Agyemang |
Reconceptualizing Child Sexual Exploitation as a Bias Crime under the Protect Act |
12 Cardozo Journal of Law & Gender 937 (Summer 2006) |
At sunset in San Jose, Costarica [sic] the day for Lilliana is just beginning. She leaves to work at 6:00 pm, wearing a short skirt, a little blouse, high heels, and a tired glance. Tonight Lilliana will sell her body to any bidder, whoever pays by her services, she has different tariffs, if oral sex, she charges 5000 colonos, about 15 dollars, if... |
2006 |
| Christine Jolls , Cass R. Sunstein |
The Law of Implicit Bias |
94 California Law Review 969 (July, 2006) |
Considerable attention has been given to the Implicit Association Test (IAT), which finds that most people have an implicit and unconscious bias against members of traditionally disadvantaged groups. Implicit bias poses a special challenge for antidiscrimination law because it suggests the possibility that people are treating others differently... |
2006 |
| Susan D. Rozelle |
The Principled Executioner: Capital Juries' Bias and the Benefits of True Bifurcation |
38 Arizona State Law Journal 769 (Fall 2006) |
I. Introduction. 770 II. Gathering Forces. 772 III. The Issues at Stake. 775 A. Death Qualification's Ostensible Function. 775 B. The Pink Elephant in the Room: Capital Juries' Bias in Favor of Guilt and Death. 777 1. Early Studies. 778 2. Lockhart v. McCree's Challenge. 782 3. The Capital Jury Project's Answer. 784 a. Automatic Death Penalty... |
2006 |
| Aubra Fletcher |
The Real Id Act: Furthering Gender Bias in U.s. Asylum Law |
21 Berkeley Journal of Gender, Law & Justice 111 (2006) |
This article examines the specific and disproportionate effects of recent changes in U.S. asylum law on individuals fleeing gender-related persecution. Even prior to such changes, these asylum seekers faced greater legal obstacles than most others due to an institutionally biased interpretation and application of refugee law. The REAL ID Act of... |
2006 |
| Daniel R. Cahoy , Min Ding |
The Stakes Matter: Empirical Evidence of Hypothetical Bias in Case Evaluation and the Curative Power of Economic Incentives |
80 Saint John's Law Review 1275 (Fall 2006) |
Jury research plays a critical role in the modern legal environment. In the private dispute context, trial consulting companies commonly run mock trial simulations in order to determine the effect of facts or issues particular to a client's case. Additionally, a growing number of courts employ a technique known as a summary jury trial that makes... |
2006 |
| Evan R. Seamone |
Understanding the Person Beneath the Robe: Practical Methods for Neutralizing Harmful Judicial Biases |
42 Willamette Law Review Rev. 1 (Winter 2006) |
I. Introduction. 2 II. Defining Judicial Bias From a Practical Standpoint. 10 A. State Task Forces and Inconsistent Definitions of Bias . 13 B. The Checklist Method to Judicial Debiasing. 18 1. Checklists Trigger False Alarms. 19 2. Checklists Limit Self-Reflection to Single Cases. 20 3. Checklists Defy the Judge's Intuition. 21 4. Checklists... |
2006 |
| Susan Seitz |
Wld Program Addresses Racial, Ethnic and Gender Bias in the Justice System |
8 No. 25 Lawyers Journal J. 6 (December 8, 2006) |
This article is the third in a series of articles about issues surrounding women attorneys. On Oct. 24, 2006 the Rivers Club played host to a well-attended symposium sponsored by the ACBA's Women in the Law Division. The purpose of the program, entitled Three Years Later: A Progress Report on Addressing Racial, Ethnic and Gender Bias in the... |
2006 |
| John Gibeaut |
Challenging Peremptories |
91-AUG ABA Journal 16 (August, 2005) |
Justice thurgood marshall praised his colleagues when the U.S. Supreme Court moved to end racial discrimination in criminal trials by banning prosecutors from using peremptory challenges to cover racially motivated strikes of black jurors. The court's opinion cogently explains the pernicious nature of the racially discriminatory use of peremptory... |
2005 |
| Nicola Persico , David A. Castleman |
Detecting Bias: Using Statistical Evidence to Establish Intentional Discrimination in Racial Profiling Cases |
2005 University of Chicago Legal Forum 217 (2005) |
In ordering an investigation into possible racial profiling, President Clinton condemned the practice as the opposite of good police work where actions are based on hard facts, not stereotypes. But precisely what police work should be considered lawful because based on hard facts, as opposed to unlawful because based on stereotypes? Some... |
2005 |
| Aaron M. Clemens |
Executing Homosexuality: Removing Anti-gay Bias from Capital Trials |
6 Georgetown Journal of Gender and the Law 71 (2005) |
L1-2Introduction . R372. I. Anti-Gay Bias as a Concern. 75 A. Prevalence of Anti-Gay Attitudes. 75 B. Falsely Linking Homosexuality to crime. 77 C. Addressing Juror's Anti-Gay Bias to Prevent Unjust Execution. 78 D. Anti-Gay Attitudes Can Result in Illegitimate Executions. 81 II. Standard for Removing a Juror for Cause. 85 III. Determining Anti-Gay... |
2005 |
| Robert S. Adler |
Flawed Thinking: Addressing Decision Biases in Negotiation |
20 Ohio State Journal on Dispute Resolution 683 (2005) |
I. Introduction. 685 L1II. L2Heuristics and Related Biases: A Psychological Perspective. 692 A. Evolutionary Origins. 692 B. Benefits of Heuristics. 694 C. When Good Heuristics Go Bad. 696 D. Classifying Negotiation Biases. 698 III. Cognitive Biases Associated With Heuristics. 700 A. Availability Heuristic. 700 1. Biased Reasoning. 702 2. Recall... |
2005 |
| Jason D. Vendel |
General Bias and Administrative Law Judges: Is There a Remedy for Social Security Disability Claimants? |
90 Cornell Law Review 769 (March, 2005) |
Introduction. 769 I. General Bias and Social Security Disability Claims. 771 A. Bias Defined. 771 B. Procedural Overview. 775 C. General Bias on Display: Two Cases. 777 1. Grant v. Sullivan. 777 2. Pronti v. Barnhart. 782 II. Inadequate Procedures: How the Regulations and Review Process Prevent Meaningful Redress. 786 A. Disqualification of the... |
2005 |
| Lisa Shaw Roy |
Inculcation, Bias, and Viewpoint Discrimination in Public Schools |
32 Pepperdine Law Review 647 (2005) |
I. Introduction II. Doctrinal Basis for Viewpoint Discrimination Claims in the Public School Context A. Values Inculcation and the Danger of Indocrination B. First Amendment Prohibition Against Indoctrination and Bias 1. [P]olitics, [N]ationalism, [R]eligion, or [O]ther [M]atters of [O]pinion 2. Board of Education, Island Trees Union Free School... |
2005 |
| Frank M. McClellan |
Judicial Impartiality & Recusal: Reflections on the Vexing Issue of Racial Bias |
78 Temple Law Review 351 (Summer 2005) |
This Article is dedicated to Chief Justice Robert N.C. Nix, who devoted his life as a jurist to working to maintain judicial independence and integrity. Since others participating in this Symposium have written essays discussing the Chief Justice Nix's background, judicial philosophy, and some of his ground-breaking decisions, I have elected to... |
2005 |
| Victor Suthammanont |
Judicial Notice: How Judicial Bias Impacts the Unequal Application of Equal Protection Principles in Affirmative Action Cases |
49 New York Law School Law Review 1173 (2004-2005) |
[F]or love of grace, Lay not that flattering unction to your soul, That not your trespass but my madness speaks. It will but skin and film the ulcerous place, Whiles rank corruption, mining all within, Infects unseen. A black teen and a white teen walk into a store. While the white teen wanders the store browsing, the black youth is stalked by the... |
2005 |
| John Gibeaut |
Justices Criticize Jury Selection Bias Again |
4 No. 24 ABA Journal E-Report E-Report 1 (June 17, 2005) |
Six members of the U.S. Supreme Court appeared to have no difficulty this week rebuking once again a lower court for failing to deal with racism that had infected jury selection in the trial of a black Texas death row inmate. But one justice wondered anew whether tough talk alone ever could rid the justice system of unconstitutional discrimination.... |
2005 |
| Melinda Cleary |
Mothering under the Microscope: Gender Bias in Law and Medicine and the Problem of Munchausen Syndrome by Proxy |
7 Thomas M. Cooley Journal of Practical and Clinical Law 183 (Hilary Term 2005) |
Women and men experience the American legal system very differently. Evidence of gender bias in every area of law, including immigration and naturalization, contracts, torts, family law, and criminal law abounds. American law is fluid and necessarily vague, leaving ambiguous legal principals open to interpretation. But while the vagueness and... |
2005 |
| Hon. Theodore A. McKee |
Personal Reflections on the Subtleties of Bias |
73 Fordham Law Review 2073 (April, 2005) |
It is really a joy to be here. It's not often I have a chance to engage in thoughtful discussion about topics that are as interesting and challenging as the topic we're addressing today, and I almost never get to do it in front of an audience as receptive to my perception of the legal landscape as I assume this audience is. I want to start by... |
2005 |
| W. Kip Viscusi, Richard J. Zeckhauser |
Recollection Bias and the Combat of Terrorism |
34 Journal of Legal Studies 27 (January, 2005) |
Survey respondents assessed the risks of terrorist attacks and their consequences and were asked how their assessments changed from before September 11 to the present. This paper analyzes those current and recollected risk assessments. More than half of the respondents exhibited what we label recollection bias: looking backward from 2002, 2003,... |
2005 |
| LaDonna Childress |
To Fulfill a Promise: Using Canons 3b(5) and 3b(6) of the Judicial Code of Conduct to Combat Sexual Orientation Bias Against Gay and Lesbian Criminal Defendants |
34 Southwestern University Law Review 607 (2005) |
The promise of a fair trial is the most important promise that our judicial system makes. The key to realizing this promise is ensuring a judiciary free from the taint of bias or partiality. In fact, the protection of the integrity and dignity of the judicial process from judicial bias has been hailed as 'the palladium of our judicial system.... |
2005 |
| |
Trumping the Race Card: Permitting Criminal Defendants to Remain Anonymous and Absent from Trial to Eliminate Racial Jury Bias |
18 Georgetown Journal of Legal Ethics 1151 (Summer, 2005) |
It is close to unquestionable that an individual's race is a factor that affects the way in which he is perceived and treated by many Americans. There is ample evidence that this fact extends into the criminal justice system in the United States. It is widely believed that the race of a defendant may exert an influence on a juror's perception of... |
2005 |
| Audrey J. Lee |
Unconscious Bias Theory in Employment Discrimination Litigation |
40 Harvard Civil Rights-Civil Liberties Law Review 481 (Summer, 2005) |
Deborah, an African American woman, worked as an administrative assistant for her employer for several years. She consistently received positive performance reviews until she came under the supervision of a new administrative director, Joan, who is white. One of only a handful of minority employees, Deborah became subjected to increased scrutiny by... |
2005 |
| Robert E. Thomas, Bruce Louis Rich |
Under the Radar: the Resistance of Promotion Biases to Market Economic Forces |
55 Syracuse Law Review 301 (2005) |
Introduction. 302 I. Economic Models of Discrimination. 306 A. Full and Incomplete-Information Economic Models of Discrimination. 306 B. Market-Failure Criticisms. 309 II. Discrimination in Managerial Promotion Labor Markets. 315 A. The Non-Sustainability of Discrimination in Entry-Level Labor Markets. 315 B. Theoretical Overview. 318 C.... |
2005 |
| Ronald Chen , Jon Hanson |
Categorically Biased: the Influence of Knowledge Structures on Law and Legal Theory |
77 Southern California Law Review 1103 (September, 2004) |
I. INTRODUCTION. 1106 A. Five Exemplars. 1111 1. The Punch Line. 1111 2. A Riddle. 1113 3. The Category of Woman . 1114 4. Hitler's Jews . 1118 5. The Economic Approach to Law. 1122 B. Cognitive Themes. 1125 C. This Article in Context. 1129 II. SCHEMAS, CATEGORIES, AND HUMAN COGNITION. 1131 A. Introduction. 1131 B. Schemas Categorized. 1133 1.... |
2004 |
| William J. Bowers , Marla Sandys , Thomas W. Brewer |
Crossing Racial Boundaries: a Closer Look at the Roots of Racial Bias in Capital Sentencing When the Defendant Is Black and the Victim Is White |
53 DePaul Law Review 1497 (Summer 2004) |
In 1976, the United States Supreme Court assumed in Gregg v. Georgia and companion cases that the reformed capital statutes of Georgia, Florida, and Texas would remedy the ills, including the risk of racial bias in sentencing that made the application of the death penalty unconstitutional according to Furman v. Georgia. Yet studies of sentencing... |
2004 |
| Leah V. Durant |
Gender Bias and the Legal Profession: a Discussion of Why There Are Still So Few Women on the Bench |
4 Margins: Maryland's Law Journal on Race, Religion, Gender, and Class 181 (Spring, 2004) |
Since 1869, the year in which the first woman was licensed to practice law, women have made great strides in increasing their presence within the legal profession. Today, although women comprise nearly 30% of lawyers and roughly 50% of all incoming law students, women remain underrepresented in positions most associated with status and power within... |
2004 |
| Tobin A. Sparling |
Judicial Bias Claims of Homosexual Persons in the Wake of Lawrence V. Texas |
46 South Texas Law Review 255 (Winter 2004) |
I. Introduction. 255 II. The ABA Model Code of Judicial Conduct. 257 III. Bowers and Lawrence. 260 IV. The Potential Effects of Lawrence Upon Cases Involving Judicial Bias Toward Homosexual Persons. 272 A. Bowers and the Standard of Review for Judicial Bias Claims. 274 B. Irrelevant Consideration of Homosexuality. 279 C. Bias in Family Law Cases.... |
2004 |
| Charles Delafuente |
Jury Pool Had Permission to Lie, Committee Charges |
3 No. 2 ABA Journal E-Report E-Report 4 (January 16, 2004) |
The judge says his was an effort to prevent racial bias from tainting jury verdicts. But telling sworn potential jurors they could give an excuse to get out of jury duty rather than announce their own prejudices was too much for a state judicial discipline committee. The unusual charges involve Joseph W. O'Flaherty, superior court judge in Placer... |
2004 |