AuthorTitleCitationSummaryYear
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
  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
John C. Coughenour, Proctor Hug, Jr., Marilyn H. Patel, Terry W. Bird, Deborah R. Hensler, PH.D., M. Margaret McKeown, Judith Resnik, Henry Shields, Jr., Chair U.S. District Court, W.D. Wash., U.S. Court of Appeals, Ninth Circuit, U.S. District Court, N.D The Effects of Gender in the Federal Courts; the Final Report of the Ninth Circuit Gender Bias Task Force 67 Southern California Law Review 745 (May, 1994) L1-2Preface: The Honorable John C. Coughenour 757 L1-2The Quality of Justice: The Honorable Sandra Day O'Connor 759 C1-3PART ONE: INTRODUCTION I. The Task Force's Mandate. 763 A. The Study of Gender and the Courts. 763 B. The Research Approach. 766 C1-3PART TWO: THE COURTS, LAWYERS, AND LITIGANTS II The Roles of Women and Men in the Ninth Circuit:... 1994
Henry J. Reske The High Cost of Bias 80-JUN ABA Journal 80 (June, 1994) A continuing failure to reduce racial and ethnic bias in the justice system poses a challenge to the idea of the rule of law, the new head of the U.S. Department of Justice's Civil Rights Division told a recent ABA gathering. Assistant Attorney General Deval Patrick was among the speakers at the conference, titled Achieving Justice in a Diverse... 1994
Kittie D. Warshawsky The Judicial Canons: a First Step in Addressing Gender Bias in the Courtroom 7 Georgetown Journal of Legal Ethics 1047 (Spring, 1994) I don't have to talk to you, little lady. . . . . Tell that little mouse over there to pipe down. As these quotes from a recent case attest, examples of gender-biased conduct abound. Although most examples of gender bias are not reported in judicial decisions, many examples of this behavior have been detailed in task force reports on gender bias... 1994
Frederick M. Lawrence The Punishment of Hate: Toward a Normative Theory of Bias-motivated Crimes 93 Michigan Law Review 320 (November, 1994) Implicit within every penal relation and every exercise of penal power there is a conception of social authority, of the (criminal) person, and of the nature of the community or social order that punishment protects and tries to re-create. America, on the whole, has been a staunch defender of the right to be the same or different, although it has... 1994
Hon. Harold Hood The Race/ethnic Bias Task Force Four Years Later-looking Back 73 Michigan Bar Journal 267 (March, 1994) In what is no longer recent history, the Supreme Court Task Force on Racial/Ethnic Issues in the Courts rendered its final report on December 19, 1989. The report concluded, inter alia, that there is evidence that bias does occur with disturbing frequency at every level of the legal profession and court system. Such findings, we now know, are not... 1994
  2. Penalty Enhancement for Bias-motivated Crimes 107 Harvard Law Review Association 234 (November, 1993) Increasingly aware of the prevalence of racist speech and bias crime across the nation, federal, state, and local governments have enacted hate speech and hate crime laws. Last year, in R.A.V. v. City of St. Paul, the Supreme Court held that one hate speech initiative, the St. Paul Bias-Motivated Crime Ordinance, violated the First Amendment. In... 1993
Linda G. Mills A Calculus for Bias: How Malingering Females and Dependent Housewives Fare in the Social Security Disability System 16 Harvard Women's Law Journal 211 (Spring, 1993) You can have angina and have sort of phantom angina. . . . Her complaints have . . . given her a way out: when she gets tired she can always say she has pain. Let's be frank. The two Social Security disability programs, Disability Insurance (DI) and Supplemental Security Income (SSI) (the disability programs) are basic staples of the United... 1993
Larry Smith Age, Other Bias Suits May Force More Standardization 12 No. 2 Of Counsel 2 (January 18, 1993) Our single largest growth area last year was law firms, says employment attorney Ronald Green, of New York's Epstein Becker & Green. Green is talking about age bias, sex bias, and other employment-related litigation that has made American industry such rich grazing land for labor lawyers, both litigators and counselors. It's particularly... 1993
Abraham Abramovsky Bias Crime: Is Parental Liability the Answer? 1992/1993 Annual Survey of American Law 533 (November, 1993) Bias crimes are words or actions intended to intimidate or injure a person because of race, religion, ethnicity, gender or sexual orientation. Despite notoriety of a few well-publicized incidents, most reported bias attacks remain relatively unknown. The public's failure to pay close attention to bias crimes is a symptom of the increasing racial... 1993
Brian Levin Bias Crimes: a Theoretical & Practical Overview 4 Stanford Law and Policy Review 165 (Winter 1992/1993) In September 1990, President Bush observed: Today some Americans are the victims of appalling acts of hatred. And this is a sad irony that while our brave soldiers are fighting aggression overseas, a few hate mongers here at home are perpetrating their own brand of cowardly aggression. These hate crimes have no place in a free society and we are... 1993
Gary Peller Criminal Law, Race, and the Ideology of Bias: Transcending the Critical Tools of the Sixties 67 Tulane Law Review 2231 (June, 1993) I. Introduction. 2231 II. Criminal Law as Proceduralism. 2234 III. Racism as Discrimination. 2245 IV. Conclusion: A Nationalist Alternative. 2248 1993
Karen Czapanskiy Domestic Violence, the Family, and the Lawyering Process: Lessons from Studies on Gender Bias in the Courts 27 Family Advocate 247 (Summer, 1993) For almost a decade, judges and lawyers have been studying gender bias in state courts. Study commissions have issued reports in more than a third of the states, and additional studies are underway. More recently, federal courts have begun studies into gender bias. The Ninth Circuit issued a report in 1992, and the D.C. Circuit has begun its study.... 1993
Eric J. Grannis Fighting Words and Fighting Freestyle: the Constitutionality of Penalty Enhancement for Bias Crimes 93 Columbia Law Review 178 (January, 1993) St. Paul has no such authority to license one side of a debate to fight freestyle, while requiring the other to follow Marquis of Queensb[er]ry Rules, wrote Justice Scalia for the majority, striking down a cross-burning statute in R.A.V. v. City of St. Paul. Though the Court's comment was metaphorical, American attitudes regarding race are indeed... 1993
Kathleen L. Soll Gender Bias Task Forces: How They Have Fulfilled Their Mandate and Recommendations for Change 2 Southern California Review of Law and Women's Studies 633 (Spring, 1993) In the 1970s, those seeking women's rights legislation realized that remedial laws would mean nothing without judges who could interpret, apply and enforce them with the understanding that judicial decision-making and court interaction are affected by gender bias. This realization led the National Organization for Women (NOW) Legal Defense and... 1993
Judith Resnik Gender Bias: from Classes to Courts 45 Stanford Law Review 2195 (July, 1993) I encountered gender bias early in my teaching career. When I started teaching in large law school classes in the late 1970s, a colleague gave me what he took to be very kind advice. He said: Be careful. Don't teach in any areas associated with women's issues. Don't teach family law; don't teach sex discrimination. Teach the real stuff, the hard... 1993
Jennifer Lee Urbanski Georgia V. Mccollum: Protecting Jurors from Race-based Peremptory Challenges but Forcing Criminal Defendants to Risk Biased Juries 24 Pacific Law Journal 1887 (July, 1993) The peremptory challenge is a jury selection procedure which gives a litigant the right to exclude particular persons from the jury without stating a reason. During jury selection the litigant, usually through their attorney, uses either a challenge for cause or a peremptory challenge to exclude prospective jurors. The critical distinction between... 1993
Barbara Allen Babcock Introduction: Gender Bias in the Courts and Civic and Legal Education 45 Stanford Law Review 2143 (July, 1993) First cast out the beam out of thine own eye; and then shalt thou see clearly to cast out the mote out of thy brother's eye. Over the last decade, many state courts have followed the Biblical prescription for clarifying vision by investigating gender and justice within their own orbs. Panels of distinguished judges, lawyers, and academics have come... 1993
Victor Gold Juror Competency to Testify That a Verdict Was the Product of Racial Bias 9 Saint John's Journal of Legal Commentary 125 (Fall 1993) Recent trials involving racial incidents have made it increasingly difficult to distinguish between those judicial proceedings and the conflict being waged on the streets. Verdicts, sentences, and even seemingly innocuous procedural nuances have inflamed passions, occasionally resulting in destructive civil unrest. Actions by the trial courts in... 1993
  Panel One: Judge-jury Communications: Improving Communications and Understanding Bias 68 Indiana Law Journal 1037 (Fall, 1993) Panelists: The Honorable Ladoris Hazzard Cordell, Judge, Superior Court of California for Santa Clara County Robert Rosenthal, Professor of Social Psychology, Harvard University Charles F.C. Ruff, Esq., Covington & Burling Moderator: Steven J. Adler, Esq., News Editor for Law, Wall Street Journal Mr. Adler: Thank you very much. Let me just tell you... 1993
Eric Rothschild Recognizing Another Face of Hate Crimes: Rape as a Gender-bias Crime 4 Maryland Journal of Contemporary Legal Issues 231 (Spring/Summer, 1993) Rape is to women as lynching was to blacks: the ultimate physical threat by which all men keep all women in a state of psychological intimidation. Woman is the Nigger of the World. [Rape] is a hate crime. My objective is to give the woman every opportunity under the law to seek redress, not only criminally, but civilly. I want to raise the... 1993
Frederick M. Lawrence Resolving the Hate Crimes/hate Speech Paradox: Punishing Bias Crimes and Protecting Racist Speech 68 Notre Dame Law Review 673 (1993) Despise evil and ungodliness, but not men of ungodliness or evil. These, understand. Not since the Nazis threatened to march in Skokie, have we focused so much on the hate crimes/hate speech paradox. How is it possible to protect victims of bias-motivated violence while also protecting the right of the racist to express his beliefs? The paradox has... 1993
Leslie G. Espinoza The LSAT: Narratives and Bias 1 American University Journal of Gender & the Law 121 (Spring, 1993) Fred is tall, dark, and handsome, but not smart. People who are tall and handsome are popular. Popular people either have money or are smart. Joan would like to meet anyone with money. If the statements above are true, which of the following statements must also be true? I. Fred is popular. II. Fred has money. III. Fred is someone Joan would like... 1993
Hon. Shirley S. Abrahamson Toward a Courtroom of One's Own: an Appellate Court Judge Looks at Gender Bias 61 University of Cincinnati Law Review 1209 (1993) This paper addresses feminist jurisprudence and procedure from the vantage point of an appellate court judge. Feminist jurisprudence has been defined in a number of ways. A working definition I like to use describes feminist jurisprudence as a self-consciously critical stance toward the existing order with respect to the ways it affects different... 1993
Wilma Williams Pinder When Will Black Women Lawyers Slay the Two-headed Dragon; Racism and Gender Bias? 20 Pepperdine Law Review 1053 (1993) Racism remains the most debilitating virus in the American system and the consequences spill over into almost every facet of life. Lawyers are often analogized to knights because of the many characteristics they share. Both groups of warriors dedicate themselves to causes for which they fight. Skill and courage are essential characteristics in... 1993
Jack L. Lahr Bias and Prejudice Against Foreign Corporations in Patent and Other Technology Jury Trials 2 Federal Circuit Bar Journal 405 (Winter, 1992) A widespread perception within the corporate communities of many industrial countries holds that they will be treated unfairly in U.S. jury trials due to the jury bias and prejudice against foreigners. Corporations from Asian-Rim countries, notably Japan, involved as defendants in patent and related technology cases express particular concerns... 1992
Abraham Abramovsky Bias Crime: a Call for Alternative Responses 19 Fordham Urban Law Journal 875 (Summer, 1992) I was attacked because I had a beard and wore a hatjust that. I'll never be over it. I feel very sad. I feel bad that people don't know God. They don't know his unity. They don't know his love. They choose to live in a shanty rather than a mansion. Immediately afterward, he gathered up a cache of stones and stashed them beneath his car seat. If... 1992
Jeffrey L. Harrison Confess'n the Blues: Some Thoughts on Class Bias in Law School Hiring 42 Journal of Legal Education 119 (March, 1992) I telephoned an old friend the other day at another law school. What's up? I asked. Faculty retreat, he replied. Sorry to hear it. Any topic, or just a weekend of touchy-feely? Serious business, he said. The theme is Recruiting for Diversity. One session on race, one on gender. What about classyou know, poor and working-class... 1992
Clay Hathorn Funding Equal Justice 78-AUG ABA Journal 38 (August, 1992) In years past, some state commissions on racial and ethnic bias in the courts toiled to produce recommendations for reform that went nowhere because funding was short. But their work is getting noticed following the furor that erupted from the acquittals of four police officers charged in Rodney King's beating. Representatives of the 15 bias panels... 1992
Eric David Rosenberg Hate Crimes, Hate Speech and Free Speech-florida's Bias-intended Crime Statute 17 Nova Law Review 597 (Fall, 1992) C1-3TABLE OF CONTENTS I. INTRODUCTION. 598 II. AN ENVIRONMENT OF HATE. 601 III. FREE SPEECH JURISPRUDENCE AND BIAS-INTENDED CRIME STATUTES: AN OVERVIEW. 606 IV. SECTION 775.085 AND THE FIRST AMENDMENT. 609 A. Recent Court Decisions. 610 B. Section 775.085 Punishes Unprotected Conduct. 614 C. Restrictions on Speech. 621 1. Time-Place-Manner... 1992
James S. Wrona Hernandez V. New York: Allowing Bias to Continue in the Jury Selection Process 19 Ohio Northern University Law Review 151 (1992) Unbiased jury selection is of paramount importance in guaranteeing criminal defendants' equal protection rights. One controversial aspect of the jury selection process is the procedure whereby a prospective juror may be removed through the use of a peremptory challenge. There is growing concern that the use of these challenges is irreconcilable... 1992
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