Author | Title | Citation | Summary | Year |
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 |
Teresa Eileen Kibelstis |
Preventing Violence Against Gay Men and Lesbians: Should Enhanced Penalties at Sentencing Extend to Bias Crimes Based on Victims' Sexual Orientation? |
9 Notre Dame Journal of Law, Ethics & Public Policy 309 (1995) |
Smithton, Pennsylvania, population 300, is a small town in western Pennsylvania where everyone knows everyone and everything about everyone. Like many small towns Smithton considers itself a closely knit community where common knowledge about each member encourages understanding and tolerance. The brutal killing of native son Paul Edward Steckman,... |
1995 |
Robert R. Riggs |
Punishing the Politically Incorrect Offender Through "Bias Motive" Enhancements: Compelling Necessity or First Amendment Folly? |
21 Ohio Northern University Law Review 945 (1995) |
During recent years, a tide of new criminal sanctions aimed at punishing hate crime has washed over the United States. The energy driving this surge of legislation has been generated by an unusual combination of political forces. Law and order advocates, who generally favor harsher criminal sentences as a means of punishing and deterring... |
1995 |
Jill Schachner Chanen |
Reaching out to Women of Color |
81-MAY ABA Journal 105 (May, 1995) |
With its decision to oppose bias and discrimination on the basis of gender and race, the ABA House of Delegates has gone on record for the first time recognizing that female lawyers of color face unique challenges in the profession. The resolution, adopted during the midyear meeting in Miami, also helped the Multicultural Women Attorneys Network... |
1995 |
Elaine Golin |
Solving the Problem of Gender and Racial Bias in Administrative Adjudication |
95 Columbia Law Review 1532 (October 1, 1995) |
Administrative Law Judges (ALJs) preside over hundreds of thousands of adjudications every year and their decisions affect the lives of millions of Americans. As the decisionmakers in the on-the-record hearings of federal administrative agencies, ALJs play an important role in overseeing the enforcement of federal law and the distribution of... |
1995 |
Linda Hamilton Krieger |
The Content of Our Categories: a Cognitive Bias Approach to Discrimination and Equal Employment Opportunity |
47 Stanford Law Review 1161 (July 1, 1995) |
Title VII's disparate treatment model of discrimination is premised on the notion that intergroup bias is motivational in origin. This premise, in turn, is based on a number of assumptions regarding the nature of human inference and the respective roles played by cognition and motivation in social judgment and decisionmaking. Applying insights from... |
1995 |
David Zonana |
The Effect of Assumptions about Racial Bias on the Analysis of Batson 'S Three Harms and the Peremptory Challenge |
1994 Annual Survey of American Law 203 (April, 1995) |
In Batson v. Kentucky, the Supreme Court first placed meaningful restrictions on the exercise of the peremptory challenge. The Court held that the prosecution's use of racially-based strikes against jurors of the defendant's race violated the defendant's Fourteenth Amendment right to equal protection of the laws. Overruling Swain v. Alabama, in... |
1995 |
Donna E. Young |
Two Steps Removed: the Paradox of Diversity Discourse for Women of Color in Law Teaching |
2 African-American Law and Policy Report 270 (Fall, 1995) |
The term affirmative action provokes passionate reactions in people across the political spectrum. In 1995, affirmative action was a major political issue in the United States and continues to be in 1996. Despite the heated debate over affirmative action, many American law schools have supported efforts to diversify law school faculties by hiring... |
1995 |
Steven Keeva |
Combating Poverty and Bias |
80-OCT ABA Journal 106 (October, 1994) |
Among other things, the ABA Annual Meeting is a time to sit back and take stock of where we areas a profession and as a societyso that we might forge a more enlightened path in the coming year. For ABA President George E. Bushnell Jr., that meant talking about the racism and gender bias that remain with us decades after the civil rights... |
1994 |
Robert Attanasio |
Constitutional Law -- Criminal Law -- the Anti-bias Subsection of the Criminal Harassment Statute Does Not Impermissibly Burden Free Expression, but Rather Regulates Conduct Only and Is, Therefore, Constitutional -- State V. Mortimer, 135 N.j. 517, 641 A. |
25 Seton Hall Law Review 474 (1994) |
On August 23 1991, David Mortimer, defendant, and two others spray-painted the words Dots U Smell on the garage door of a family of Pakistani ancestry living in East Brunswick. Id. at 523, 641 A.2d at 260. Defendant was charged and indicted for two violations of the New Jersey harassment statute. The pertinent section of N.J.S.A. 2C:33-4 reads:... |
1994 |
Tamara L. Hamilton |
Constitutional Law--anti-bias Crime Legislation and the First Amendment--supreme Court Upholds Wisconsin's Penalty Enhancement Law, Wisconsin V. Mitchell, 113 S. Ct. 2194 (1993). |
16 University of Arkansas at Little Rock Law Journal 659 (1994) |
In Tampa, Florida, two white men poured gasoline over a black tourist, stated you're a nigger and you're going to die, and then set him afire. In Wilmington, North Carolina, three Marines dragged a homosexual out of a bar and beat him while yelling Clinton must pay and [a]ll you faggots will die. In La Habra, California, attackers yelled... |
1994 |
Bryan A. Stevenson , Ruth E. Friedman |
Deliberate Indifference: Judicial Tolerance of Racial Bias in Criminal Justice |
51 Washington and Lee Law Review 509 (Spring, 1994) |
On April 22, 1987, a majority of the United States Supreme Court announced a startling and deeply disturbing opinion about race and the administration of criminal justice in the United States. Presented with overwhelming statistical evidence of racial bias in Georgia's use of the death penalty, the Court ruled in McCleskey v. Kemp that race-based... |
1994 |
Stephen Russell Martin II |
Establishing the Constitutional Use of Bias-inspired Beliefs and Expressions in Penalty Enhancement for Hate Crimes: Wisconsin V. Mitchell |
27 Creighton Law Review 503 (February, 1994) |
INTRODUCTION In R.A.V. v. City of St. Paul, the United States Supreme Court handed down its first major decision concerning the constitutionality of a hate crime statute. In recent years, bias-motivated threats, intimidation, and acts of violence have increased at a disturbing rate. These acts have been denominated as hate crimes: criminal acts... |
1994 |
Daniel L. Skoler |
Fighting Racial Bias |
21-WTR Human Rights 18 (Winter, 1994) |
The release of two blockbuster studies challenged traditional notions of bias-free delivery of justice at the Social Security Administration's Office of Hearings and Appeals (OHA) and led the agency to examine the sensitive subjects of how administrative law judges respond to race, ethnicity, and gender as they render decisions on social security... |
1994 |
Brian J. Leddin |
First Amendment -- Free Speech -- Penalty Enhancement Statutes That Increase the Sentence for Ciminal Conduct Motivated by Bias Toward the Victim Are Constitutional -- Wisconsin V. Mithcell, 113 S.ct. 2194 (1993) |
4 Seton Hall Constitutional Law Journal 761 (Spring, 1994) |
The First Amendment to the United States Constitution provides that Congress shall pass no law abridging the freedom of speech. This right has never been interpreted to provide absolute protection to all types of speech. States, however, have had difficulty in creating appropriate prohibitions on hate crimes, so as not to run afoul of the First... |
1994 |
Martha S. West |
Gender Bias in Academic Robes: the Law's Failure to Protect Women Faculty |
67 Temple Law Review 67 (Spring 1994) |
Introduction . 68 I. The Current Status of Women Faculty . 71 A. Women Among PhD Recipients . 74 B. Women in Ladder Faculty Ranks . 79 C. Hiring Women Faculty . 86 D. Women's Salaries . 92 II. The Failure of Federal Employment Law to Prevent Discrimination Against Faculty Women . 93 A. The Destruction of Title VII as an Effective Remedy for Gender... |
1994 |
Laura A. Donner |
Gender Bias in Drafting International Discrimination Conventions: the 1979 Women's Convention Compared with the 1965 Racial Convention |
24 California Western International Law Journal 241 (Spring 1994) |
The United Nations Charter contains general prohibitions against discrimination on the basis of both sex and race, with a directive for equality of all people. Although the Charter does not distinguish between sex and race, the international community has accorded these classifications different priorities. Racial discrimination has long been... |
1994 |
Lynn Hecht Schafran |
Gender Bias in Family Courts |
17-SUM Family Advocate 22 (Summer, 1994) |
In California a group of women has filed suit in federal court charging the state courts with discrimination against mothers in custody suits. The women claim that after failing to adequately protect them and their children from physically violent husbands and fathers, courts frequently award custody to these men based on a discriminatory standard... |
1994 |
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Gender Bias Not a Cute Little Game Between the Sexes |
19-JUN Montana Lawyer 11 (June, 1994) |
Editor's note: See the April issue of The Montana Lawyer for an article describing the personal experiences of women lawyers in Montana who have been sexually harassed. There are those who believe sexual harassment and gender bias in the legal profession will simply disappear with the passage of time, as the numbers of men and women practicing law... |
1994 |
Geoffrey S. Yuda |
Gender Bias: More than 'Differing Perspectives' |
16-MAR Pennsylvania Lawyer 12 (March, 1994) |
Imagine his surprise. When a jurist-member of Pennsylvania's Joint Task Force to Ensure Gender Fairness in the Courts returned to his home county after the group's first meeting last November, he decided to do some local research. Meeting with four female lawyers, what he got, he says, was an earful about gender bias - in his court. It's a problem... |
1994 |
Sunny Kim |
Gender-related Persecution: a Legal Analysis of Gender Bias in Asylum Law |
2 American University Journal of Gender & the Law 107 (Spring, 1994) |
The media coverage of rape camps in Bosnia and the recently discovered Japanese Army documents corroborating Japan's historical use of comfort women have focused attention on an otherwise overlooked issue in the public's consciousness: women victims of human rights persecution do not receive equal protection. This inequality exists despite... |
1994 |
Edward J. Shaughnessy |
Hate Speech, Bias Crime and the Law |
66-NOV New York State Bar Journal 14 (November, 1994) |
I disapprove of what you say, but I will defend to the death your right to say it. Attributed to Voltaire (1770). The phenomenon of hate speech in the 1990's has about it all the trappings of the debate over obscenity and pornography from the seizure of ULYSSES in 1933 [5 F.Suppl. 182; 72 F.2d 705] to the Miller case in 1973 [413 U.S. 15, 1933;... |
1994 |
Lynn K. Rhinehart |
Is There Gender Bias in the Judicial Law Clerk Selection Process? |
83 Georgetown Law Journal 575 (December, 1994) |
Judicial clerkships open the door to a world of opportunities for recent law school graduates. Clerkships provide the opportunity to learn about legal practice, particularly litigation, from those individuals responsible for determining the fate of cases brought in the courts. Clerkships also allow young lawyers to develop mentoring relationships... |
1994 |
Donald C. Nugent |
Judicial Bias |
42 Cleveland State Law Review Rev. 1 (1994) |
I. Introduction. 2 II. Perception and the Decision-Making Process. 4 A. An Illustration of the Problem of Perception. 8 B. The Influence of Schemata on Perception and Decision-Making. 12 1. Attention. 12 2. Adaptation. 14 3. Organization. 17 III. Judicial Disqualification and Recusal Standards. 20 A. Disqualification of a Federal Judge. 22 B.... |
1994 |
O. Marie Palachuk |
Malicious Harassment Statutes: a Constitutional Fight Against Bias-motivated Crime |
29 Gonzaga Law Review 359 (1993/1994) |
Lawyers are the protectors and advocates for those who commit bias-motivated or hate crimes. In different capacities, lawyers legislate, advocate and adjudicate to protect the rights of all Americans. Unfortunately, nearly 30 years after the civil riots of the 1960s, we are perhaps still just as embroiled in inequality and hatred as we were... |
1994 |
A. Yasmine Rassam |
Mother, "Parent," and Bias |
69 Indiana Law Journal 1165 (Fall, 1994) |
Two women, Anna and Crispina, called on a California court in 1991 to determine which one of them was the legal mother of a newborn child. After carrying Crispina's and her husband's embryo to term, Anna asked the court to declare her the mother of the newborn. Faced with a case of first impression and no statutory definition of mother, the... |
1994 |
Steven Bennett Weisburd , Brian Levin |
On the Basis of Sex: Recognizing Gender-based Bias Crimes |
5 Stanford Law and Policy Review 21 (Spring, 1994) |
Well, maybe the Wisconsin legislature thought that there weren't any misogynists in Wisconsin. --Chief Justice William Rehnquist (question at oral argument in Wisconsin v. Mitchell regarding counsel's argument that Wisconsin's bias crime law was under-inclusive because it failed to include gender). Until women as a class have the same protection... |
1994 |
David E. Neely |
Pedagogy of Culturally Biased Curriculum in Public Education: an Emancipatory Paradigm for Afrocentric Educational Initiatives |
23 Capital University Law Review 131 (1994) |
No pedagogy which is truly liberating can remain distant from the oppressed by treating them as unfortunates and by presenting for their emulation models from among the oppressors. Every abuse ought to be reformed unless the reform is more dangerous than the abuse itself. To foresee future objective alternatives and to be able by deliberation... |
1994 |
Hans F. Bader |
Penalty Enhancement for Bias-based Crimes: Wisconsin V. Mitchell, 113 S.ct. 2194 (1993) |
17 Harvard Journal of Law & Public Policy 253 (Winter, 1994) |
In 1992, in R.A.V. v. St. Paul the Supreme Court cast doubt on the constitutionality of hate crimes statutes, laws that punish speech and conduct deemed to display bias on the basis of specified characteristics, such as race, color, ethnicity, religion, national origin, sex, disability, or sexual orientation. The R.A.V. Court struck down a St.... |
1994 |
Arline S. Tyler and Steven Montano |
State Panels Document Racial, Ethnic Bias in the Courts |
78 Judicature 154 (November-December 1994) |
Investigative bodies have been established in 18 states to study the quality of justice accorded to racial and ethnic minorities. These task forces and commissions form the National Consortium of Task Forces and Commissions on Racial and Ethnic Bias in the Courts. As stated in its bylaws, the consortium provide[s] participating groups an... |
1994 |
Eva S. Nilsen |
The Criminal Defense Lawyer's Reliance on Bias and Prejudice |
8 Georgetown Journal of Legal Ethics Ethics 1 (Fall, 1994) |
Criminal defense lawyers are frequently required to utilize legal strategies that are morally repugnant because they perpetuate racial, gender, or cultural stereotypes. They know that legal and factual argument often persuades to the degree it piggybacks on the existing prejudices of a listener. A lawyer may, for example, explain or mitigate a... |
1994 |