| Author | Title | Citation | Summary | Year |
| Joseph W. Rand |
Understanding Why Good Lawyers Go Bad: Using Case Studies in Teaching Cognitive Bias in Legal Decision-making |
9 Clinical Law Review 731 (Spring 2003) |
This Article examines the impact of characteristic weaknesses of human reasoning on legal decision-making, and the ways that we can help our students to recognize and protect themselves against these cognitive limitations. The Article first reviews and explains the well established empirical findings in cognitive psychology on how cognitive... |
2003 |
| Phillip W. Broadhead |
Why Bias Is Never Collateral: the Impeachment and Rehabilitation of Witnesses in Criminal Cases |
27 American Journal of Trial Advocacy 235 (Fall 2003) |
In this Article, Professor Broadhead discusses the qualified exceptions in the federal and states rules of evidence to the limitations on direct and collateral impeachment of biased, untruthful, or misleading witnesses through the use of extrinsic evidence during cross examination For two centuries past, the policy of the Anglo-American system of... |
2003 |
| Marla N. Greenstein |
Without Bias or Prejudice |
42 No. 3 Judges' Journal 34 (Summer, 2003) |
Our legal system is based on the principle that an independent, fair and competent judiciary will interpret and apply the laws that govern us. The role of the judiciary is central to American concepts of justice and the rule of law. Intrinsic to all sections of this Code are the precepts that judges, individually and collectively, must respect and... |
2003 |
| Allison Marston Danner |
Bias Crimes and Crimes Against Humanity: Culpability in Context |
6 Buffalo Criminal Law Review 389 (2002) |
Nine years after the Supreme Court's watershed decision in Wisconsin v. Mitchell, the dust has settled on the heated debates that enlivened courtrooms and law review articles over whether bias crime statutes violate the First Amendment because they impermissibly punish unpopular viewpoints. Proponents of bias crime legislation have additionally won... |
2002 |
| David C. Pulice, Esq. |
Committee on Racial and Gender Bias Continues to Make Progress |
4 No. 6 Lawyers Journal J. 7 (March 22, 2002) |
Just over two years ago, the Pennsylvania Supreme Court announced the creation of the Supreme Court Committee on Racial and Gender Bias in the Justice System. The committee was formed to study whether the manner in which participants are treated in the state court system varies on the basis of their race, ethnicity or gender. The committee will... |
2002 |
| |
Criminal Procedure--waiver of Constitutional Rights--second Circuit Vacates Convictions on Grounds of Juror Bias and Collusion Between Parties and Trial Court to Achieve Racially Balanced Jury.--united States V. Nelson, 277 F.3d 164 (2d Cir. 2002). |
115 Harvard Law Review 2325 (June, 2002) |
In 1986 the Supreme Court held in Batson v. Kentucky that it is unconstitutional for the prosecution to strike potential jurors peremptorily on the basis of race, and that a conviction returned by such a discriminatorily selected jury must be overturned. Although the Court has since extended Batson to peremptories exercised by defense counsel, it... |
2002 |
| Amelia Craig Cramer |
Discovering and Addressing Sexual Orientation Bias in Arizona's Legal System |
11 American University Journal of Gender, Social Policy and the Law 25 (2002) |
I. What Led the State Bar of Arizona to Establish the Task Force on Gay and Lesbian Issues. 25 II. How the Task Force Was Established. 26 III. The Task Force Surveys. 27 IV. Results of the Surveys. 30 A. Responses to the Surveys' Content. 30 B. Reports of Hostile Environment. 31 C. Reports of Negative Treatment. 31 D. Admitted Deficits in Knowledge... |
2002 |
| Beth Loy, Ph.D. |
Exploring a "Non-traditional" Contender in the Battle for Equitable Justice: Introducing Economic Welfare Bias |
11 Kansas Journal of Law & Public Policy 395 (Winter 2002) |
The existence of certain judicial biases is widely accepted, as is the source of these biases: bigotry. The exploration of more covert biases and the factors that stimulate them, however, remains untouched. One bias, rooted heavily in modern day capitalism, and its potential impact on the federal judiciary has been overlooked. This paper introduces... |
2002 |
| Victor L. Streib |
Gendering the Death Penalty: Countering Sex Bias in a Masculine Sanctuary |
63 Ohio State Law Journal 433 (2002) |
American death penalty laws and procedures persistently minimize cases involving female capital offenders. Recognizing some benign explanations for this disparate impact, Professor Streib nonetheless sees the dearth of female death penalty trials, death sentences, and actual executions as signaling sex bias throughout the death penalty system. In... |
2002 |
| Betty Tsamis |
House Bill 1114: Eliminating Biased Policing |
31-JUL Colorado Lawyer 127 (July, 2002) |
This article provides information on biased policing and liability associated with House Bill 01-1114, which deals with prohibiting profiling in law enforcement traffic stops. On June 5, 2001, Governor Owens signed into law House Bill 01-1114 (H.B. 1114), which enacted CRS §§ 24-31-309 and 42-4-115. H.B. 1114 prohibits profiling by peace... |
2002 |
| Thomas Scarlett |
Increased Use of 1866 Law Seen in Race Bias Cases |
38-JAN Trial 16 (January, 2002) |
Civil rights lawyers looking for more effective tools in discrimination cases have been turning with increasing frequency to the Civil Rights Act of 1866 (42 U.S.C. §1981), which guarantees the right to make and enforce contracts regardless of race. The Reconstruction-era law can be more useful in some cases than the 1964 Civil Rights Act,... |
2002 |
| Paul R. Tremblay |
Interviewing and Counseling Across Cultures: Heuristics and Biases |
9 Clinical Law Review 373 (Fall 2002) |
Increasingly in recent years, critics and commentators have noted the importance of the role of culture within the lawyering process. Lawyers now understand better than they used to that culture matters in their day to day work with clients, and that not all cultures share the same habits, customs, values, traditions and preferences. This article... |
2002 |
| Pamela D. Bridgewater, Brenda V. Smith |
Introduction to Symposium: Homophobia in the Halls of Justice: Sexual Orientation Bias and its Implications Within the Legal System |
11 American University Journal of Gender, Social Policy and the Law 1 (2002) |
The gay moment is unavoidable. -Andrew Kopkind Gay activist, journalist and political commentator Andrew Kopkind made this profound observation at a critical moment in the queer rights movement, in the midst of the March on Washington, pride rallies, queer organizing and the ever strengthening movement to address the AIDS crisis within the queer... |
2002 |
| Vicki Lawrence MacDougall |
Medical Gender Bias and Managed Care |
27 Oklahoma City University Law Review 781 (Fall 2002) |
I. Introduction II. A Wrong Without a Remedy A. Constitutional Attacks 1. Section 1985 2. The Equal-Protection Clause B. Personal Injury Actions 1. Medical Negligence Actions 2. The Doctrine of Informed Consent C. Legislation III. Medical Gender Bias A. The Genesis of Gender Bias B. The Gender Gap in Modern Medicine 1. Medical and Scientific... |
2002 |
| Amber McGovern |
Neutralizing Media Bias Through the Fcc |
12 DePaul-LCA Journal of Art and Entertainment Law 217 (Spring 2002) |
Stereotyping is one step beyond the initial stage of sheer invisibility that minorities have to move through on their way to even token representation. One of the most dominant influences on American society is television. Ninety-eight percent (98%) of American households have at least one television. Sixty-seven percent (67%) have two or more... |
2002 |
| William E. Martin , Peter N. Thompson |
Removing Bias from the Minnesota Justice System |
59-AUG Bench and Bar of Minnesota 16 (August, 2002) |
Nothing marginalizes groups in American society more than unfair treatment in the justice system. Justice is not a privilege for the special few but a right of all. Unfortunately, the racial, ethnic and cultural biases that continue to fester in American society find their way too often into the American legal system. Bias in the Minnesota justice... |
2002 |
| Joseph Vitale |
The Evolution of New Jersey's Bias Crime Law |
26 Seton Hall Legislative Journal 363 (2002) |
I. INTRODUCTION. 363 II. NEW JERSEY'S ORIGINAL HATE CRIMES LAW. 364 III. BACKGROUND OF APPRENDI V. NEW JERSEY, 530 U.S. 466 (2000). 364 IV. APPRENDI V. NEW JERSEY, 530 U.S. 466 (2000). 368 V. FIXING NEW JERSEY'S BIAS CRIME LAW: ENACTING SENATE BILL . 1897369 VI. CONCLUSION. 371 In the landmark case, Apprendi v. New Jersey, 530 U.S. 466 (2000), the... |
2002 |
| Kimberly A. Lonsway, Leslie V. Freeman, Lilia M. Cortina, Vicki J. Magley, Louise F. Fitzgerald |
Understanding the Judicial Role in Addressing Gender Bias: a View from the Eighth Circuit Federal Court System |
27 Law and Social Inquiry 205 (Spring 2002) |
The role of trial judges in the litigation process is frequently debated. Are judges to be dispassionate adjudicators, disengaged referees in a sport in which attorneys compete? Or are they charged with a more active role in promoting the substance, form, and process of justice? In the present paper, we explore the judicial role in addressing... |
2002 |
| Daniel B. Wright , Catherine E. Boyd , Colin G. Tredoux , University of Sussex, University of Bristol and University of Cape Town, University of Cape Town |
A Field Study of Own-race Bias in South Africa and England |
7 Psychology, Public Policy, and Law 119 (March, 2001) |
In shopping centers in South Africa and England, Black and White people were approached by either a Black or a White confederate. Later they were asked to identify the confederate from both a sequential lineup, where photographs are seen one at a time, and a forced-choice recognition test, where photographs are seen simultaneously. In both... |
2001 |
| Harold S. Lewis, Jr. |
Affirmative Distraction: Race Preference and Bias in the New South |
9 Journal of Southern Legal History Hist. 1 (2001) |
The forms of affirmative action most widely condemned today involve some degree of preference based on race, gender, or national origin. We can put to one side outreach programs designed simply to enlarge the pool from which to recruit qualified minority applicants. Those are widely supported by an overwhelming majority of Americans .. Rather,... |
2001 |
| Sandy Mastro |
Courtroom Bias: Gender Discrimination Against Pregnant Litigators |
8 William and Mary Journal of Women and the Law 155 (Fall, 2001) |
We need to recognize difference among women as diversity rather than division, and difference between women and men as opportunity rather than danger. With a mass of literature and scholarly writing on topics ranging from gender discrimination to affirmative action, the single fact remains throughout all legal thought that men and women are... |
2001 |
| Martha Chamallas |
Deepening the Legal Understanding of Bias: on Devaluation and Biased Prototypes |
74 Southern California Law Review 747 (March, 2001) |
The limits of contemporary antidiscrimination law are exceedingly narrow. There is a wide gulf between conduct that may be popularly regarded as racist or sexist and that which is prohibited by law, regardless of whether we focus on constitutional mandates or on the somewhat broader reach of important antidiscrimination laws, such as Title VII of... |
2001 |
| |
Gender Bias in the Courts of the Commonwealth Final Report |
7 William and Mary Journal of Women and the Law 705 (Spring, 2001) |
Submitted to: The Judicial Council of Virginia Chief Justice Harry L. Carrico, Chair Submitted by: The Gender Bias in the Courts Task Force October 2000 Gender Bias in the Courts Task Force Chair The Honorable Elizabeth B. Lacy Justice Supreme Court of Virginia Members Susan G. Anderson Virginia National Organization for Women Blacksburg Susan... |
2001 |
| Bernard P. Haggerty, J.D., LL.M. |
Hate Crimes: a View from Laramie, Wyoming's First Bias Crime Law, the Fight Against Discriminatory Crime, and a New Cooperative Federalism |
45 Howard Law Journal L.J. 1 (Fall 2001) |
While hate crime scholarship is not new, the last few years have seen a series of highly publicized hate crimes in the United States. We know some by the names of the victims, like Matthew Shepard, James Byrd, Jr., and Billy Jack Gaither, and others by the name of the perpetrator, like Buford Furrow. Regardless of whether hate crimes have increased... |
2001 |
| Blake D. Morant |
Introductory Essay: the Relevance of Gender Bias Studies |
58 Washington and Lee Law Review 1073 (Summer, 2001) |
The work of this study is of abiding importance. It struck me that justice is a woman, but she's been notoriously blind to the subtle but deeply entrenched prejudices that are found in the legal system . . . . Gender issues in legal education are of profound importance to our society and no less critical, of course, is the study of gender bias... |
2001 |
| Kimberlianne Podlas |
Please Adjust Your Signal: How Television's Syndicated Courtrooms Bias Our Juror Citizenry |
39 American Business Law Journal L.J. 1 (Fall, 2001) |
The law has long been fictionalized on television. Yet, in the last decade, networks have added the reality programming of real trials to their repertoire. As demonstrated by ratings, the most popular reality legal fare is the syndicated television courtroom, i.e., Judge Judy and The People's Court. It is unknown, however, what impact these... |
2001 |
| Leah M. Perkins |
Public Hearings Underway to Examine Bias in the Judicial System |
3 No. 2 Lawyers Journal J. 6 (January, 2001) |
On October 15, 1999, Chief Justice of the Pennsylvania Supreme Court John P. Flaherty announced the inception of the Supreme Court's Committee on Racial and Gender Bias. I am pleased that Pennsylvania is taking this step, and look forward to a review of these issues that promises to be both productive and enriching, Flaherty said. This is... |
2001 |
| Roger Michel Jr. |
Punishing Hate: Bias Crimes under American Law, by Frederick M. Lawrence (Harvard University Press, 1999), 269 Pages. |
85 Massachusetts Law Review 142 (Winter, 2001) |
Jay Scott Ballinger, a self-described missionary of Lucifer, burned at least twenty-six churches in eight states during the 1990s. Most housed primarily minority congregations. On November 14, 2000, Ballinger was sentenced by a federal district court judge in Indianapolis to forty-two years in prison, and ordered to pay $3.6 million in... |
2001 |
| René Bowser |
Racial Bias in Medical Treatment |
105 Dickinson Law Review 365 (Spring 2001) |
There is absolutely no doubt that Mr. North [a Black patient] is treated differently than my White, middle-class patients are treated . . . Every time I send him to a new consultant, I call ahead with an introduction. I tell them how smart Mr. North is, how compliant he is with every aspect of his treatment, and how he knows so much about his... |
2001 |
| Julie Goldscheid , Risa E. Kaufman |
Seeking Redress for Gender-based Biascrimes--charting New Ground in Familiar Legal Territory |
6 Michigan Journal of Race and Law 265 (Spring 2001) |
Efforts to incorporate gender-based bias crimes into hate crime schemes have been met with both great progress and discouraging setbacks in recent years. While it should seem self-evident that gender animus can trigger bias-motivated violence much like attacks based on other forms of prejudice, legal recognition of gender-motivated violence as a... |
2001 |