| Author | Title | Citation | Summary | Year |
| 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 |
| 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 |