| Author | Title | Citation | Summary | Year |
| |
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 |
| Brian Wojtalewicz |
Latent Bias and the Challenge of Civil Voir Dire |
61-FEB Bench and Bar of Minnesota 18 (February, 2004) |
Do any of you folks have opinions about injury lawsuits? Go ahead, raise your hand if you do. No hands were raised, but a mechanic sitting in the front row of the panel shifted in his seat and his face held a clue. Sir, how about you? Yeah, but I don't know if you really want to know. Oh, sure I do. Well then, okay, I think these things are... |
2004 |
| Jennifer Ellis Lattimore |
Life after Lawrence V. Texas: an Examination of the Decision's Impact on a Homosexual Parent's Right to Custody of His/her Own Children in Virginia |
15 George Mason University Civil Rights Law Journal 105 (Winter 2004) |
The 2000 United States Census identified more than 600,000 households containing same-sex partners living in 99.3% of the counties in America. Almost 14,000 of these households are in the Commonwealth of Virginia, which has experienced a 350% increase in same-sex households between 1990 and 2000. These households often consist of families who,... |
2004 |
| Jesse Nason |
Mandatory Voir Dire Questions in Capital Cases: a Potential Solution to the Biases of Death Qualification |
10 Roger Williams University Law Review 211 (Fall 2004) |
Given the important, delicate, and complex nature of the death qualification process, there can be no substitute for thorough and searching inquiry . . . . The above quotation emphasizes the importance of voir dire in a capital case. Because of the gravity of the death penalty as an available punishment, courts should do everything possible to... |
2004 |
| Tracy Carbasho, For The Lawyers Journal |
Women in the Law Division Subcommittee to Help Eliminate Gender Bias in County |
6 No. 9 Lawyers Journal J. 4 (April 30, 2004) |
The gender bias subcommittee of the ACBA Women in the Law Division is so good at keeping information confidential that few people know the group exists. A lot of women might be afraid to come forward because they don't want to become entangled in a situation, but we keep all of our information confidential, said Rhoda Shear Neft, subcommittee... |
2004 |
| Robert A. Stein |
Working to Wipe out Bias |
90-JAN ABA Journal 63 (January, 2004) |
Improving the administration of justice throughout America is at the center of the mission of the American Bar Association. While nearly all ABA entities work to advance this objective in various ways, it is particularly reflected in the programs of the ABA Council on Racial and Ethnic Justice. The goal of the council, chaired this year by Charles... |
2004 |
| Lorraine Bannai, Anne Enquist |
(Un)examined Assumptions and (Un)intended Messages: Teaching Students to Recognize Bias in Legal Analysis and Language |
27 Seattle University Law Review Rev. 1 (Summer 2003) |
Sam was a typical law student--a 23-year-old white male, from the middle of America geographically and now in the middle of the class academically. Not satisfied with the B grades he had been earning in his first-year legal writing course, he came in for an appointment to discuss the objective office memorandum he was writing. The assignment was... |
2003 |
| Robert A. Prentice , Jonathan J. Koehler |
A Normality Bias in Legal Decision Making |
88 Cornell Law Review 583 (March, 2003) |
It is important to understand how legal fact finders determine causation and assign blame. However, this process is poorly understood. Among the psychological factors that affect decision makers are an omission bias (a tendency to blame actions more than inactions [omissions] for bad results), and a normality bias (a tendency to react more strongly... |
2003 |
| Sarah E. Larson |
An Examination of the Broad Scope of the Federal Arbitration Act and Binding Mandatory Consumer Arbitration Agreements: Not the Answer to Racial Bias in the United States Legal System |
24 Hamline Journal of Public Law and Policy 293 (Spring 2003) |
A thirty-year old Asian-American man enters into a contract to purchase a new vehicle. Deep within the purchase agreement, there is a clause that states any claim or controversy arising out of the contract will be sent to arbitration. The man cannot speak English. He meets with an interpreter who goes through the contract very quickly. He... |
2003 |
| Lynn A. Marks, Roberta D. Liebenberg, Shira J. Goodman |
Assault on Bias: Committee Offers Steps to Improve System |
5 No. 24 Lawyers Journal J. 8 (November 28, 2003) |
After nearly four years of comprehensive research, study and analysis, the Pennsylvania Supreme Court's Committee on Racial and Gender Bias in the Justice System issued its final report in March 2003. While the committee found that there were many positive things about the judicial system, it also concluded that racial, gender, and ethnic bias... |
2003 |
| Anuj C. Desai |
Attacking Brandenburg with History: Does the Long-term Harm of Biased Speech Justify a Criminal Statute Suppressing It? |
55 Federal Communications Law Journal 353 (March, 2003) |
I. Introduction. 354 II. Definitional Problems with the Phrase Hate Speech . 358 III. History, Causation, and Biased Speech. 362 A. Historiographical Debates About the Causes of the Holocaust and American Slavery. 362 B. Causation Theory and the Claim that Biased Speech Causes Long-Term Harm. 367 C. The Need for Comparative Analysis. 373 IV.... |
2003 |
| Molly McDonough |
Barring Bias |
2 No. 4 ABA Journal E-Report 4 (January 31, 2003) |
When Bernina Mata stood trial in 1999 for fatally stabbing a man who had made a pass at her, Illinois prosecutors called 10 witnesses to establish that she was a lesbian. They showed jurors books from her shelves, including Best Lesbian Reading, Homosexuality and Call Me Lesbian. The prosecutor argued throughout the case that Mata, as a hardcore... |
2003 |
| William T. Bielby |
Can I Get a Witness? Challenges of Using Expert Testimony on Cognitive Bias in Employment Discrimination Litigation |
7 Employee Rights and Employment Policy Journal 377 (2003) |
I. Introduction. 377 II. Gender Stereotyping, Subjective Decision-Making, and Accountability. 379 III. Judges as Gatekeepers: When Is Testimony About Gender Stereotyping and Cognitive Bias Admissible in Discrimination Litigation?. 383 IV. Challenging Expert Testimony on Stereotyping and Cognitive Bias. 385 V. Can I Get a Witness? Lessons for... |
2003 |
| Eric Tischler |
'Color Bias' Cases Gain Momentum |
39-OCT Trial 70 (October, 2003) |
The flurry of national press that followed the settlement of a recent Georgia color bias case illustrated how obscure such claims have beenuntil now. Unlike traditional race discrimination claims, color-bias cases typically involve plaintiffs and defendants of the same race who have different skin tones. Even Black's Law Dictionary, in its... |
2003 |
| Alexander Tsesis |
Contextualizing Bias Crimes: a Social and Theoretical Perspective |
28 Law and Social Inquiry 315 (Winter 2003) |
Frederick M. Lawrence. Punishing Hate: Bias Crimes under American Law. Cambridge, Mass.: Harvard University Press, 1999. Pp. IX-269. $18.95 Paper. Most states have adopted bias crime statutes that enhance the penalties of convicted persons whose wrongdoing was motivated by prejudice against a group with salient characteristics. Nevertheless, some... |
2003 |
| Molly McDonough |
Damaging Disrespect |
89-DEC ABA Journal 56 (December, 2003) |
In the past decade or so, more than 40 jurisdictions in the United States have created task forces or working groups to identify ways to eliminate, or at least reduce, bias in the nation's courtrooms. Among their efforts, those task forces have produced various studies of how those who come into contact with the justice system are affected by the... |
2003 |
| Frederick M. Lawrence |
Enforcing Bias-crime Laws Without Bias: Evaluating the Disproportionate-enforcement Critique |
66-SUM Law and Contemporary Problems 49 (Summer 2003) |
Beware the critique based in a desire to protect the audience from itself. One of the standard arguments asserted by those who have challenged the efficacy, propriety, and legality of bias-crime laws is that these laws will harm the very people they are designed to protect. This disproportionate-enforcement critique argues that bias-crime laws, as... |
2003 |
| Mary Crossley |
Infected Judgment: Legal Responses to Physician Bias |
48 Villanova Law Review 195 (2003) |
Over the course of more than two decades, a physician prescribed daily insulin injections for an African-American woman with diabetes. The physician prescribed only one injection per day for the woman, despite accumulating medical evidence that two or even more injections per day would better control the diabetes. The physician did not order... |
2003 |
| Marc R. Poirier |
Is Cognitive Bias at Work a Dangerous Condition on Land? |
7 Employee Rights and Employment Policy Journal 459 (2003) |
I. Introduction. 459 II. Terminology. 465 III. Negligent Discrimination. 471 A. David Oppenheimer's Argument. 471 B. One Version of Negligent Liability: A Negligently Hits B. 473 C. Negligent Discrimination as Industrial Accident. 475 D. Another Possibility: Cognitive Bias as a Dangerous Condition on Land. 478 IV. Workplace Reproduction of Gender... |
2003 |
| Kendra Johnson |
Racially Bias Sat I/act Blocks College Access: Is it Constitutional for College Officials to Condition Admission on a Racially Bias Assessment? |
33 University of Baltimore Law Forum L.F. 2 (Spring, 2003) |
University of California President Richard Atkinson advances verbal analogy questions: DRAPERY is to FABRIC as (pick one) fireplace is to wood; curtain is to stage; shutter is to light; sieve is to liquid; window is to glass. These questions comes from the SAT I exam that 1.3 million college applicants take every year. SAT I questions are not that... |
2003 |
| Donna Gerson |
Report on Race and Gender Bias in the Justice System |
25-FEB Pennsylvania Lawyer 19 (January/February, 2003) |
Imagine being a native Spanish speaker with limited English language skills. After being brutally assaulted by your boyfriend, you file for protection from abuse. Your pro bono lawyer does not speak Spanish and you're unable to explain your situation fully. During the final hearing, the judge realizes you need a translator. Unfortunately, the court... |
2003 |
| Gail L. Heriot , Christopher T. Wonnell |
Standardized Tests under the Magnifying Glass: a Defense of the Lsat Against Recent Charges of Bias |
7 Texas Review of Law and Politics 467 (Spring 2003) |
I. Introduction. 468 II. An Overview of Kidder's Argument. 470 III. Unequal LSAT Scores Among Candidates with Equal Undergraduate GPAs. 472 IV. Larger White/Minority Performance Gaps on the LSAT than in Law School Grades. 475 V. Conclusion. 483 |
2003 |
| Ward Farnsworth |
The Legal Regulation of Self-serving Bias |
37 U.C. Davis Law Review 567 (December, 2003) |
I. The Normative Evaluation of Self-Serving Biases. 569 A. Bias, Knowledge, and Preferences. 570 B. Advantages of Bias. 574 C. Example: A Civil Action. 579 II. Tools for Managing Bias. 580 A. Personal Solutions: Reeducation. 581 B. Penalizing Bias. 586 C. Separating Biased Parties From Decisions. 588 D. Structural Solutions: Reducing the Occasions... |
2003 |