Author | Title | Citation | Summary | Year |
Andrew D. Leipold |
Objective Tests and Subjective Bias: Some Problems of Discriminatory Intent in the Criminal Law |
73 Chicago-Kent Law Review 559 (1998) |
Much has changed in the area of race and the criminal law over the last thirty years, but three things remain constant. First, despite the formal repudiation of racism at all levels of government, racial bias continues to play a role in the investigation and prosecution of crimes. Second, most of the judicial efforts to eliminate racism have... |
1998 |
Jennifer Durkin |
Queer Studies I: an Examination of the First Eleven Studies of Sexual Orientation Bias by the Legal Profession |
8 UCLA Women's Law Journal 343 (Spring-Summer 1998) |
Professor William Rubenstein first approached me with the idea for this Article in November 1997. I thought that it would be interesting to read through the sexual orientation bias studies that have been done and to evaluate their similarities and differences. I began my research by reading several of the reports. Then, I began Westlaw and Internet... |
1998 |
William B. Rubenstein |
Queer Studies Ii: Some Reflections on the Study of Sexual Orientation Bias in the Legal Profession |
8 UCLA Women's Law Journal 379 (Spring-Summer 1998) |
The [U.S. Court of Appeals for the] Ninth Circuit takes pride, justifiably, in the fact that it is the first federal court to have conducted a study of gender bias in the judicial system. We voted at our 1993 conference to conduct a similar circuit-wide study of racial, ethnic and religious bias in the judicial system. However, when a lawyer raised... |
1998 |
Robert M. Cearley, Jr. |
Racial and Gender Bias - Leading by Example |
33-FALL Arkansas Lawyer Law. 2 (Fall, 1998) |
In 1962 an African-American man was convicted of contempt for refusing to sit in the section of the courtroom reserved for Negroes. The conviction was reversed by the U.S. Supreme Court in a per curiam opinion. Johnson v. Virginia, 373 U.S. 61 (1963). The next year an African-American female witness was held in contempt for refusing to answer... |
1998 |
Lisa Blue |
Screening Jurors in the Age of Tort 'Reform' |
34-APR Trial 58 (April, 1998) |
As I look at my typically conservative jury panel in this age of tort reform, I have one dominant thought: How can I disqualify jurors I think will be bad for my case? With increasing restrictions on time allotted for voir dire and the scope of questioning, that is not an easy task. The purpose of this article is to help attorneys identify jurors... |
1998 |
Kevin M. Kelly , Task Force Chair |
Task Force Studies Racial and Economic Bias in the Justice System |
6-JAN Nevada Lawyer 12 (January, 1998) |
April 29, 1992, will be a day remembered as the harbinger of the Supreme Court of Nevada Task Force for the Study of Racial and Economic Bias in the Justice System (Task Force). On that day, an all white jury acquitted several white police officers in suburban Ventura County, California, of assaulting Rodney King, an African American. The case... |
1998 |
The Honorable David M. Ebel |
Tenth Circuit: Gender Bias Study--continuing Education and Training |
32 University of Richmond Law Review 745 (May 1, 1998) |
The Tenth Circuit Study of Gender Bias and Sexual Harassment was initiated in September 1995 with a study of the District of Wyoming. Prior to that time a number of federal courts and individual states had undertaken comprehensive studies of gender bias. Most of the existing literature was based upon quantitative data using survey research... |
1998 |
Gabriel J. Chin , Scott C. Wells |
The "Blue Wall of Silence" as Evidence of Bias and Motive to Lie: a New Approach to Police Perjury |
59 University of Pittsburgh Law Review 233 (Winter 1998) |
Ah, the cops are far more complex than criminals. For they contain explosive contradictions within themselves. Supposed to be law-enforcers, they tend to conceive of themselves as the law. They are more responsible than the average man, they are more infantile. They are attached umbilically to the concept of honesty, they are profoundly corrupt.... |
1998 |
Martha Chamallas |
The Architecture of Bias: Deep Structures in Tort Law |
146 University of Pennsylvania Law Review 463 (January, 1998) |
Gender and race have disappeared from the face of tort law. The old doctrines that explicitly limited recovery exclusively to one gender have been either abolished or extended on a gender-neutral basis. Women as well as men may now recover for such claims as loss of spousal consortium and loss of a child's services. The disabilities that prevented... |
1998 |
Frank H. Wu |
Winks and Nods Open Plenty of Doors |
84-FEB ABA Journal 96 (February, 1998) |
With so many preferential loopholes in law school admissions policies, it's time to revisit arbitrary standards and redefine merit qualifications. Ten years ago, I benefited from a form of affirmative action--preferential admission--when I applied to law school, gaining admission from the waiting list a week before classes started. As an... |
1998 |
Jeffrey M. Duban |
Banishing Bias: the Second Circuit's Draft Report on Gender, Racial and Ethnic Fairness in the Courts |
69-DEC New York State Bar Journal 53 (December, 1997) |
In a free society, everyone, male or female, white or black, has a positive responsibility to be thick-skinned. Activists who insist that personal offense is a cause for public action are a menace to the freedom of conscience that protects minorities above all. Multicultural orthodoxy interprets any deviation from perfect racial harmony as a sign... |
1997 |
Donna J. Hitchens |
California Studies Sexual-orientation Bias |
20-SUM Family Advocate 29 (Summer, 1997) |
In 1994, the Judicial Council of California established a Standing Committee on Access and Fairness in the Courts. Its task was to make recommendations to improve and broaden access, fairness and diversity throughout the judicial system and the state. In order to address this mandate, the Standing Committee established a number of subcommittees... |
1997 |
Laura Gatland |
Courts Behaving Badly |
83-NOV ABA Journal 30 (November, 1997) |
Reports released by three more federal circuits this summer send virtually the same message: There is bias against women in the federal courts. To varying degrees, the reports from the three federal circuits released in June and September echo the conclusions of the first two circuits that studied gender bias on the federal level five years ago.... |
1997 |
James A. McKenna |
Housekeeping Ain't No Joke: How Maine's Child Support Guidelines Can Be Biased Against Mothers |
49 Maine Law Review 281 (1997) |
Whether all towns and all who live in them Are more or less the same, I leave it to you. - Tasker Norcross This Essay is about John and Ann, who used to be married, and their dispute over child support for their children, Billy and Sarah. They are both sitting in Rumford District Court, accompanied by their lawyers, awaiting their hearing. The law... |
1997 |
Katherine Chen |
Including Gender in Bias Crime Statutes: Feminist and Evolutionary Perspectives |
3 William & Mary Journal of Women and the Law 277 (Spring, 1997) |
In December, 1989, Marc Lepine walked into an engineering class at the University of Montreal, armed with a rifle. He divided the class into two groups, shouting, I want the women. As he shot each woman at point blank range, he shouted, You're all a bunch of feminists. I hate feminists. After he shot fourteen women, all between the ages of... |
1997 |
Ming W. Chin |
Keynote Address: "Fairness or Bias?: a Symposium on Racial and Ethnic Composition and Attitudes in the Judiciary" |
4 Asian Law Journal 181 (May, 1997) |
Good afternoon, ladies and gentlemen. I would like to thank Asian Law Journal for its gracious invitation to speak with you today. At a conference called Diversity and Unity in America at the University of Texas, William Raspberry, a columnist for the Washington Post, was asked the following question: Are race relationships getting better or... |
1997 |
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National Consortium of Task Forces and Commissions on Racial and Ethnic Bias in the Courts |
49 Rutgers Law Review 979 (Spring 1997) |
February 10, 1990 Cherry Hill, New Jersey HONORABLE THEODORE Z. DAVIS: Good morning, ladies and gentlemen. I am Ted Davis, a member of the Superior Court of the State of New Jersey and Chairman of this task force has been ongoing for several years here in New Jersey. The Chief Justice has communicated with me this morning that he'll be... |
1997 |
Jeannine Bell |
Policing Hatred: Police Bias Units and the Construction of Hate Crime |
2 Michigan Journal of Race and Law 421 (Spring 1997) |
Much of the scholarly debate about hate crime laws focuses on a discussion of their constitutionality under the First Amendment. Part of a larger empirical study of police methods of investigating hate crimes, this Note attempts to shift thinking in this area beyond the existing debate over the constitutionality of hate crime legislation to a... |
1997 |
Anthony M. Dillof |
Punishing Bias: an Examination of the Theoretical Foundations of Bias Crime Statutes |
91 Northwestern University Law Review 1015 (Spring 1997) |
C1-3Table of Contents Introduction: The Puzzle of Bias Crime Statutes. 1016 I. An Overview of Bias Crime Statutes. 1020 II. The Wrongdoing-Culpability Framework. 1024 A. Three Theories of Punishment. 1025 B. Wrongdoing and Culpability Underlie Desert. 1026 C. Wrongdoing and Culpability Underlie the Criminal Law. 1030 III. Bias Crimes Statutes... |
1997 |
Arthur H. Patterson, Ph.D., Nancy L. Neufer, M.S. |
Removing Juror Bias by Applying Psychology to Challenges for Cause |
7 Cornell Journal of Law & Public Policy 97 (Fall 1997) |
Recent attention has been focused on the use of peremptory challenges in both civil and criminal litigation. Much of this attention was triggered by Batson v. Kentucky, and a concern that the use of potentially discriminatory peremptory challenges could influence the composition of, and thus the fairness of, seated juries. Interest in the impact of... |
1997 |
J. Randy Sawyer |
The Last Line of Defense: a Comparative Analysis of United States Supreme Court and New Jersey Supreme Court Approaches to Racial Bias in the Imposition of the Death Penalty |
7 Seton Hall Constitutional Law Journal 663 (Winter 1997) |
Currently pending before the New Jersey Supreme Court is a challenge to the constitutionality of the New Jersey Death Penalty Act. The challenge asserts that New Jersey juries impose the sentence of death more often on black defendants than non-black defendants. A similar challenge was rejected by the United States Supreme Court in McCleskey v.... |
1997 |
Lu-in Wang |
The Transforming Power of "Hate": Social Cognition Theory and the Harms of Bias-related Crime |
71 Southern California Law Review 47 (November, 1997) |
INTRODUCTION: THE PROTOTYPICAL HATE CRIME AND TWO PROBLEM CASES. 48 I. LEGAL CONCEPTIONS OF THE WRONG. 61 A. Traditional Conceptions. 61 B. Newer Conceptions: Penalty Enhancement for Bias-Related Motivation. 65 1. Two Models for Penalty Enhancement. 67 a. The discriminatory victim selection model. 69 b. The motivated by racial animus' model.... |
1997 |
Vicki C. Jackson |
What Judges Can Learn from Gender Bias Task Force Studies |
81 Judicature 15 (July-August 1997) |
As task force studies show, judges can be a powerful force for promoting equality of treatment for women and men in their courts. In 1963 a state court held in contempt an African-American female witness who refused to answer questions from a prosecutor because he called her by her first name. The U.S. Supreme Court summarily reversed her... |
1997 |
Sylvia Stevens |
And Justice for All? |
57-DEC Oregon State Bar Bulletin 27 (December, 1996) |
. and justice for all. Four simple words that encompass a profound concept. Central to that concept is that the legal system be free from prejudice and discrimination. Unfortunately, there remains considerable racism and other -isms in our society. As lawyers, we have a special obligation to ensure that the legal system is as much as possible a... |
1996 |
Laura A. Giantris |
B. the Necessity of Inquiry into Racial Bias in Voir Dire |
55 Maryland Law Review 615 (1996) |
In the wake of the Rodney King and O.J. Simpson trials, jury racial bias has become a fast-growing topic of social and legal debate. In Hill v. State, the Court of Appeals rendered a decision aimed at combating racially biased juries. The court reversed the conviction of an African-American Baltimore resident convicted of drug possession on the... |
1996 |
Carolyna Smiley-Marquez |
Bias in the Legal System |
25-MAR Colorado Lawyer 19 (March, 1996) |
On September 5, 1995, Colorado Supreme Court Chief Justice Anthony F. Vollack, signed the Order Establishing a Multi-cultural Commission (Order) on the recommendation of the Judicial Advisory Council. The Order makes Colorado one of nearly twenty states, in addition to the District of Columbia, that has established task forces or commissions to... |
1996 |
Marsha S. Stern |
Courting Justice: Addressing Gender Bias in the Judicial System |
1996 Annual Survey of American Law 1 (1996) |
[I]t [is] hard to listen to female attorneys when really all you can do is think of screwing them. Comments like this one, made by a judge to an attorney while in chambers, are unfortunately not rare, isolated events. This type of gender-biased behavior, which distinguishes male and female attorneys solely on the basis of gender, is exhibited in... |
1996 |
Daniel C. Wigley , Kristin S. Shrader-Frechette |
Environmental Racism and Biased Methods of Risk Assessment |
7 Risk: Health, Safety and Environment 55 (Winter, 1996) |
In 1982, Reverend Benjamin Chavis, executive director of the United Church of Christ Commission for Racial Justice (CRJ) was arrested for blocking the path of trucks carrying toxic PCBs to a newly designated hazardous-waste landfill near a small southern town of predominately black residents. In 1987, a milestone CRJ report showed that the most... |
1996 |
Jeannette F. Swent |
Gender Bias at the Heart of Justice: an Empirical Study of State Task Forces |
6 Southern California Review of Law and Women's Studies Stud. 1 (Fall 1996) |
I. THE SPARK OF INSPIRATION. 3 A. The National Task Force Movement: Genesis and Overview 6 B. Inspiration: The New Jersey Task Force 9 II. THE TASK FORCE IDEA SPREADS. 12 A. Persuading Judicial Authorities to Study Gender Bias. 13 B. Judicial Authorities Officially Sponsor Task Forces. 18 C. Negotiations Over Initial Task Force Contours and... |
1996 |
David Barringer |
Higher Authorities |
82-DEC ABA Journal 68 (December, 1996) |
It often seems there is only one kind of religious judge in this country; the kind who gets into trouble. U.S. Supreme Court Justice Antonin Scalia found himself the object of controversy last April when he delivered a pro-Christian speech at a prayer breakfast sponsored by the Christian Legal Society at the Mississippi College School of Law. Judge... |
1996 |
Raneta Lawson Mack |
It's Broke So Let's Fix It: Using a Quasi-inquisitorial Approach to Limit the Impact of Bias in the American Criminal Justice System |
7 Indiana International & Comparative Law Review 63 (1996) |
Swiss justice works in terms of clock-making, you don't give a fast flywheel the benefit of the doubt or a second chance, you prize up the case, look inside and try to set it back. The character and quality of any system of justice must be measured by its pragmatism and mutability in the face of shifting societal ideologies and values. Long ago,... |
1996 |
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Let Justice Be Done: Equally, Fairly, and Impartially |
12 Georgia State University Law Review 687 (April, 1996) |
Judge John H. Ruffin, Jr., Court of Appeals Mr. Paul Kilpatrick, Jr., Attorney-at-Law Ms. Josie A. Alexander, Attorney-at-Law Mr. Ralph T. Bowden, Jr., Solicitor, State Court of DeKalb County Mr. Thomas Young Choi, Attorney-at-Law Professor Kathleen Neal Cleaver, Emory University Law School Dr. Thomas W. Cole, Jr., President, Clark Atlanta... |
1996 |
Andrew E. Taslitz , Sharon Styles-Anderson |
Regulating Race, Gender, and Ethnic Bias in the Legal Profession: a Modest Proposal |
7 No. 3 Professional Lawyer 10 (May, 1996) |
Agrowing number of states have adopted, or are considering, amendments to their lawyer disciplinary rules to discourage certain racist, sexist, and ethnic-biased conduct by lawyers. The rules and proposals vary widely, some reaching broadly to include purely private conduct unrelated to the practice of law (such as membership in certain... |
1996 |
Floyd D. Weatherspoon |
Remedying Employment Discrimination Against African-american Males: Stereotypical Biases Engender a Case of Race plus Sex Discrimination |
36 Washburn Law Journal 23 (Fall 1996) |
I. Introduction. 24 II. Stereotypical Biases Adversely Impact the Employment of African-American Males. 27 A. Why Are African-American Males Unemployed or Underemployed?. 28 B. Negative Stereotypical Biases Against African-American Males. 33 C. Impact on Employment Decisions. 37 III. Enforcement and Theories of Employment Discrimination Laws. 41 A.... |
1996 |
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Report of the Special Committee on Gender to the D.c. Circuit Task Force on Gender, Race and Ethnic Bias |
84 Georgetown Law Journal 1657 (May, 1996) |
Professor Vicki C. Jackson Professor Susan Deller Ross Georgetown University Law Center Georgetown University Law Center Loretta Collins Argrett Asst. Attorney Genl, Tax Div. U.S. Department of Justice Robert E. Kopp Director, Appellate Staff, Civil Div. U.S. Department of Justice Brenda V. Smith, Esq. National Women's Law Center Anita Barondes,... |
1996 |
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Report of the Special Committee on Race and Ethnicity to the D.c. Circuit Task Force on Gender, Race, and Ethnic Bias |
64 George Washington Law Review 189 (January, 1996) |
James E. Coleman, Jr., Esquire Wilmer, Cutler & Pickering Professor Todd D. Peterson George Washington University National Law Center The Honorable Vanessa Ruiz District of Columbia Court of Appeals Joseph M. Sellers, Esquire Washington Lawyers' Committee for Civil Rights & Urban Affairs Avis E. Buchanan, Esquire Washington Lawyers' Committee for... |
1996 |
Jon'a Meyer , Paul Jesilow |
Research on Bias in Judicial Sentencing |
26 New Mexico Law Review 107 (Winter, 1996) |
A great deal of research has been conducted to determine whether and under what circumstances extra-legal factors, such as race and gender, affect the severity of criminal sentences handed out by judges. Most of these studies, however, depended more upon increasing sophistication in research methodologies and statistical techniques than well-formed... |
1996 |
Andrew E. Taslitz , Sharon Styles-Anderson |
Still Officers of the Court: Why the First Amendment Is No Bar to Challenging Racism, Sexism and Ethnic Bias in the Legal Profession |
9 Georgetown Journal of Legal Ethics 781 (Spring, 1996) |
A large and growing number of states and the District of Columbia have recently produced task force reports on racial, ethnic and gender bias in the administration of justice. These reports have consistently found evidence of a wide range of discriminatory conduct by lawyers directed toward witnesses, other lawyers and court personnel.... |
1996 |
Pamela Coyle |
Taking Bias to Task |
82-APR ABA Journal 63 (April, 1996) |
Ablack man wearing leg chains and prison pajamas is brought before a New Jersey judge after spending 20 days in jail for not answering a summons the prosecutor knew was based on computer error. During the same session, a white man accused of drunk driving appears on his own recognizance, dressed in his own clothes. This is not a flashback to the... |
1996 |
Hon. Laurence H. Silberman |
The D.c. Circuit Task Force on Gender, Race, and Ethnic Bias: Political Correctness Rebuffed |
19 Harvard Journal of Law & Public Policy 759 (Spring, 1996) |
For the last three years, the D.C. Circuit has spent a distressing amount of time and energy dealing with the Task Force on Gender, Race, and Ethnic Bias. This amorphous body, under the auspices of the Judicial Council, was composed of a number of District of Columbia lawyers and legal academics and five judges from the D.C. circuit and district... |
1996 |
Kristin L. Taylor |
Treating Male Violence Against Womenas a Bias Crime |
76 Boston University Law Review 575 (June, 1996) |
To understand women's experiences of men's . . . intimidation and violence is also to understand that society allows for, and on many levels encourages, male intimidation and violence to women . . . . By separating women's experiences of sexual and/or physical assault from women's experiences of sexual and/or physical intimidation, as many are... |
1996 |
Thad Rueter |
Why Women Aren't Executed: Gender Bias and the Death Penalty |
23-FALL Human Rights 10 (Fall, 1996) |
The facts are simple. In 1977, Guinevere Garcia murdered her daughter, and later received a 10-year sentence for the killing. Four months after her release, she killed her estranged husband during a robbery attempt. This time, the court imposed the death penalty. Garcia had refused to appeal her sentence, and opposed efforts to save her. Death... |
1996 |
By Lynn Hecht Schafran |
Women Shaping the Legal Process: Judicial Gender Bias as Grounds for Reversal |
84 Kentucky Law Journal 1153 (1995-1996) |
On June 27, 1995, three male judges of the California Court of Appeal reversed a case called Catchpole v. Brannon specifically because of the trial judge's gender bias. The opinion is an embodiment of women's success in reshaping the law to reflect women's concerns and experiences, a goal the first suffragists considered second only to securing the... |
1996 |
John R. Allison |
A Process Value Analysis of Decision-maker Bias: the Case of Economic Conflicts of Interest |
32 American Business Law Journal 481 (1995) |
It can hardly be gainsaid that the effect of a decision about the rights or obligations of others is more important than the procedure used to reach that decision. It also cannot be denied, however, that the processes by which decisions are made and disputes resolved serve many critical purposes. The goals and positive contributions of good... |
1995 |
Paul Brown |
Analyzing Racial Bias Claims after Mccleskey |
23 American Journal of Criminal Law 231 (Fall 1995) |
In 1974, the Supreme Court effectively shut the door on race-based challenges to the death penalty with its decision in McCleskey v. Kemp. Since then, many legal scholars have deconstructed the McCleskey opinion in hopes of reinvigorating the claim that the death penalty operates in a discriminatory fashion. In his book The Death Penalty and Racial... |
1995 |
Stephan Thernstrom |
Critical Observations on the Draft Final Report of the Special Committee on Race and Ethnicity to the D.c. Circuit Task Force on Gender, Race, and Ethnic Bias |
1995 Public Interest Law Review 119 (1995) |
Are the federal courts in our nation's capital riddled with racial bias? The answer is yes, if you believe a recent report by the Special Committee on Race and Ethnicity of the D.C. Circuit's Task Force on Gender, Race, and Ethnic Bias. The critical reader will find this report of interest not as proof that something is terribly wrong with our... |
1995 |
Peggy Cooper Davis , Gautam Barua |
Custodial Choices for Children at Risk: Bias, Sequentiality, and the Law |
2 University of Chicago Law School Roundtable 139 (1995) |
Children are at risk for many reasons. As Professor Straus has reported to this Symposium, most adults in the United States accept the degrading violence of corporal punishment, with its dangerous potential for escalation, as a routine aspect of discipline and socialization. Overwhelming numbers of children live in poverty. Parental resources are... |
1995 |
Chief Judge Edward J. Lodge, United State District Court, District of Idaho |
District Court Strives to Eliminate Gender Bias |
38-APR Advocate 10 (April, 1995) |
In early December 1993, the Court appointed a Gender Fairness Committee to review and analyze gender issues within the District of Idaho and to make recommendations to this Court. After 14 months of hard work, the Gender Fairness Committee completed the following report which concluded that gender bias exists in the District of Idaho. The Court... |
1995 |
Richard C. Reuben |
Law Firm Bias Complaints Rising |
81-DEC ABA Journal 12 (December, 1995) |
Worker complaints against law firms jumped 58 percent during the first half of the 1990s, according to statistics compiled by the U.S. Equal Employment Opportunity Commission. Complaints for gender, race and other bias under Title VII of the Civil Rights Act of 1964 still comprise the lion's share of the agency's law firm-related caseload. But the... |
1995 |
Martin S. Zwerling |
Legislating Against Hate in New York: Bias Crimes and the Lesbian and Gay Community |
11 Touro Law Review 529 (Winter, 1995) |
In recent years, crimes of violence, threats, and vandalism, in which the defendant's conduct was motivated by hatred, prejudice, or bias based on a victim's actual or perceived race, religion, national origin, ethnicity, gender, or sexual orientation, have increased at an astonishing rate. Moreover, the level of violence of these attacks, evincing... |
1995 |