Dan L. Burk RACIAL BIAS IN ALGORITHMIC IP 106 Minnesota Law Review Headnotes 270 (Spring, 2022) Justice? Hawkmoon called after him as he left the room. Is there such a thing? It can be manufactured in small quantities, Fank told him. But we have to work hard, fight well and use great wisdom to produce just a tiny amount. Intellectual property law currently stands at the intersection of two dramatic social trends. Machine learning... 2022
Annie H. Sloan RACIAL BIAS IN JURY SELECTION MUST BE ADDRESSED 61 Judges' Journal 24 (Spring, 2022) The problem of racial bias in jury selection has long plagued the American criminal legal system, undermining constitutional guarantees of a fair jury trial and equal justice under law. Recently, some states have begun to tackle this fundamental issue with renewed vigor and creativity. An aggressive effort to combat this longstanding injustice... 2022
Pavan S. Krishnamurthy RACIAL BIAS IN THE UNITED STATES ARMED FORCES: A THREAT TO NATIONAL SECURITY IN THE ERA OF RENEWED GREAT POWER COMPETITION 29 Virginia Journal of Social Policy and the Law 31 (Winter, 2022) Introduction. 33 I. The History of International Security Environments. 35 A. The Cold War Era. 35 B. The Post-Cold War Era. 36 C. The Era of Renewed Great Power Competition. 36 II. Racial Bias in the United States Armed Forces. 38 Diagram 1: Racial Bias within Micro and Macro Perspectives. 40 A. Racial Bias in the Cold War Era. 40 B. Racial Bias... 2022
Brendan Lantz, Marin R. Wenger, Zachary T. Malcom, College of Criminology and Criminal Justice, Florida State University SEVERITY MATTERS: THE MODERATING EFFECT OF OFFENSE SEVERITY IN PREDICTING RACIAL DIFFERENCES IN REPORTING OF BIAS AND NONBIAS VICTIMIZATION TO THE POLICE 46 Law and Human Behavior 15 (February, 2022) Objective: Previous research has noted contradictory findings regarding race and police notification, such that Black people indicate higher levels of distrust in the police yet report victimization to the police at rates similar to or higher than others. We investigated the role of offense severity in accounting for these discrepancies.... 2022
Elizabeth F. Schwartz SEXUAL ORIENTATION AND GENDER IDENTITY BIAS 44-WTR Family Advocate 17 (Winter, 2022) Too often, when people talk about bias, they neglect to address the homophobia and transphobia that continue to exist in every corner of our society. LGBTQ+ individuals and families may have gained some ground legally, politically, and culturally in America, but it is often said that no civil rights movement has ever ended--and the movement for... 2022
Susan J. S. Abramowich SOCIOECONOMIC BIAS IN FAMILY COURT 44-WTR Family Advocate 38 (Winter, 2022) Families come to our courts in all shapes and sizes. Different backgrounds, cultural understandings and traditions, and knowledge of the legal system comprise the litigants appearing in family court. Each family expects the court to help them, to afford them justice in making life-altering determinations that affect the very fabric of their lives.... 2022
Dr. Waseem Ahmad Qureshi STEMMING THE BIAS OF CIVIL AND POLITICAL RIGHTS OVER ECONOMIC, SOCIAL, AND CULTURAL RIGHTS 46 Denver Journal of International Law and Policy 289 (Summer, 2018) To comprehend the true meaning of economic, social, and cultural rights as human rights, first it is important to understand that all human rights are consistently interconnected with seemingly distant moral values, political narratives, and legal technicalities. Throughout history, people have struggled to preserve human dignity, and in essence... 2022
Aishwarya Chouhan STRUCTURAL AND DISCRETIONARY BIAS: APPOINTMENT OF FEMALE JUDGES IN INDIA 21 Georgetown Journal of Gender and the Law 725 (Spring, 2020) Gender bias in appointments at different judicial levels, whether in explicit or implicit forms, has been a prominent cause of the skewed gender ratio in the higher Indian judiciary. By basing this assertion on empirically collected qualitative and quantitative data, I argue that such bias operates in two forms: Structural bias and discretionary... 2022
Jonathan S. Gould , David E. Pozen STRUCTURAL BIASES IN STRUCTURAL CONSTITUTIONAL LAW 97 New York University Law Review 59 (April, 2022) Structural constitutional law regulates the workings of government and supplies the rules of the political game. Whether by design or by accident, these rules sometimes tilt the playing field for or against certain political factions--not just episodically, based on who holds power at a given moment, but systematically over time--in terms of... 2022
Gabrielle Ploplis SYSTEMATIC RACISM, ABORTION AND BIAS IN MEDICINE: ALL THREADS WOVEN IN THE CLOTH OF RACIAL DISPARITY FOR MOTHERS AND INFANTS 35 Journal of Law and Health 370 (30-May-22) C1-3TABLE OF CONTENTS I. INTRODUCTION 372 II. Legal History: Discrimination in Medical Care for Racial and Ethnic Minorities 375 III. Disparities in Health Outcomes for Black and Indigenous Women: Maternal and Infant Mortality 385 IV. Potential Causes of Racial Disparities in Maternal and Infant Mortality Rates: Why do minority communities suffers... 2022
Jordana R. Goodman SY-STEM-IC BIAS: AN EXPLORATION OF GENDER AND RACE REPRESENTATION ON UNIVERSITY PATENTS 87 Brooklyn Law Review 853 (Spring, 2022) Women and people of color have been systemically excluded from participation in science, technology, engineering, and math (STEM) fields in the United States for centuries. This inability to participate, coupled with disparate abilities to own and control property, created STEM access gaps still evident in the United States today. In the... 2022
Steve Calandrillo , Nolan Kobuke Anderson TERRIFIED BY TECHNOLOGY: HOW SYSTEMIC BIAS DISTORTS U.S. LEGAL AND REGULATORY RESPONSES TO EMERGING TECHNOLOGY 2022 University of Illinois Law Review 597 (2022) Nothing in life is to be feared, it is only to be understood. Now is the time to understand more, so that we may fear less. --Marie Curie Americans are becoming increasingly aware of the systemic biases we possess and how those biases preclude us from collectively living out the true meaning of our national creed. But to fully understand systemic... 2022
Charlotte S. Alexander TEXT MINING FOR BIAS: A RECOMMENDATION LETTER EXPERIMENT 59 American Business Law Journal L.J. 5 (Spring, 2022) This article uses computational text analysis to study the form and content of more than 3000 recommendation letters submitted on behalf of applicants to a major U.S. anesthesiology residency program. The article finds small differences in form and larger differences in content. Women applicants' letters were more likely to contain references to... 2022
Richard K. Greenstein THE ACTION BIAS IN AMERICAN LAW: INTERNET JURISDICTION AND THE TRIUMPH OF ZIPPO DOT COM 80 Temple Law Review 21 (Spring 2007) American law reflects the stories we tell ourselves about whom we are as a nation. To illustrate the effect of America's stories on the law, I identify and describe in this Essay a particular characteristic of American law--an action bias--a propensity to bestow disproportionately greater legal significance on affirmative acts than on failures to... 2022
John G. Sprankling THE ANTIWILDERNESS BIAS IN AMERICAN PROPERTY LAW 63 University of Chicago Law Review 519 (Spring 1996) The American wilderness is dying. At the dawn of the nineteenth century, over 95 percent of the nation was pre-Columbian wilderness: forests, prairies, wetlands, deserts, and other lands in primeval condition, without any human imprint. Today, on the eve of the twenty-first century, wilderness remnants occupy between 10 and 20 percent of the... 2022
Andrew S. Pollis THE APPELLATE JUDGE AS THE THIRTEENTH JUROR: COMBATING IMPLICIT BIAS IN CRIMINAL CONVICTIONS 95 Temple Law Review Rev. 1 (Fall, 2022) Research has documented the role that implicit bias plays in the disproportionately high wrongful-conviction rate for people of color. This Article proposes a novel solution to the problem: empowering individual appellate judges, even over the dissent of two colleagues, to send cases back for a retrial when the trial record raises suspicions of a... 2022
Maytal Gilboa THE COLOR OF PAIN: RACIAL BIAS IN PAIN AND SUFFERING DAMAGES 56 Georgia Law Review 651 (Spring, 2022) For more than half a century, our legal system has formally eschewed race-based discrimination, and nearly every field of law has evolved to increase protections for minority groups historically burdened by racial prejudice. Yet, even today, juries in tort actions routinely consider a plaintiff's race when calculating compensatory tort damages, and... 2022
Colin Miller THE CONSTITUTIONAL RIGHT TO AN IMPLICIT BIAS JURY INSTRUCTION 59 American Criminal Law Review 349 (Spring, 2022) The Supreme Court has gone to great lengths to prevent jurors from holding defendants' silence against them. In a trilogy of opinions, the Court concluded that when a defendant refrains from testifying, (1) the prosecutor and judge cannot make adverse comments about that decision; (2) the judge can give a no adverse inference instruction even... 2022
Christina Morris THE CORRECTIVE VALUE OF PROSECUTORIAL DISCRETION: REDUCING RACIAL BIAS THROUGH SCREENING, COMPASSION, AND EDUCATION 31 Boston University Public Interest Law Journal 275 (Summer, 2022) Introduction. 276 I. Implicit Bias in the Criminal Justice System. 278 A. What is Implicit Bias?. 278 B. Measuring Implicit Bias. 279 C. Implicit Bias and the Criminal Justice System. 281 II. The Role of the Prosecutor in Perpetuating Racial Injustice. 283 III. Current Solutions are Inadequate. 287 IV. Moving Forward: Addressing the Unconscious.... 2022
Rachel V. Rose, Mark Kleiman THE CRITICAL ROLE THAT MEN PLAY IN THWARTING BIAS AND HOSTILITY TOWARD WOMEN 69-AUG Federal Lawyer 72 (July/August, 2022) Previously, The Federal Lawyer published The Subtle and Not-So-Subtle Impact of Bias on Women and Minorities, which received several positive comments regarding raising awareness of the important issue of bias and the related notion of mansplaining. The most significant question received from men was what can I do to change things? This inquiry... 2022
Eddie Bernice Johnson , Lawrence J. Trautman THE DEMOGRAPHICS OF DEATH: AN EARLY LOOK AT COVID-19, CULTURAL AND RACIAL BIAS IN AMERICA 48 Hastings Constitutional Law Quarterly 357 (Spring, 2021) During late 2019, reports emerged that a mysterious coronavirus was resulting in high contagion and many deaths in Wuhan, China. In just a few weeks, cases rose quickly in Seattle, spread to California, and the first instance of the virus appeared in New York (from Iran) on March 1, 2020. As the months pass, it is abundantly clear that less wealthy... 2022
Shi-Ling Hsu THE IDENTIFIABILITY BIAS IN ENVIRONMENTAL LAW 35 Florida State University Law Review 433 (Winter, 2008) The identifiability effect is the human propensity to have stronger emotions regarding identifiable individuals or groups than for abstract ones. The more information that is available about a person, the more likely this person's situation will influence human decisionmaking. This human propensity has biased law and public policy against... 2022
Mirko Bagaric , Jennifer Svilar , Melissa Bull , Dan Hunter , Nigel Stobbs THE SOLUTION TO THE PERVASIVE BIAS AND DISCRIMINATION IN THE CRIMINAL JUSTICE SYSTEM: TRANSPARENT AND FAIR ARTIFICIAL INTELLIGENCE 59 American Criminal Law Review 95 (Winter, 2022) Algorithms are increasingly used in the criminal justice system for a range of important matters, including determining the sentence that should be imposed on offenders; whether offenders should be released early from prison; and the locations where police should patrol. The use of algorithms in this domain has been severely criticized on a number... 2022
Claire P. Donohue THE UNEXAMINED LIFE: A FRAMEWORK TO ADDRESS JUDICIAL BIAS IN CUSTODY DETERMINATIONS AND BEYOND 21 Georgetown Journal of Gender and the Law 557 (Spring, 2020) Scholars and litigators alike have long wondered about what is on the minds of judges. Kahan et al. have studied how judges' political commitments influence their perception of legally consequential facts. Sheri Johnson et al. confirmed the presence of implicit bias among a sample of judges and analyzed the relationship between that bias and the... 2022
Mark B. Baer UNCHECKED BIASES IN FAMILY LAW ARE PERVASIVE AND HARMFUL 44-WTR Family Advocate 6 (Winter, 2022) The issue of bias is receiving increasing attention because, left unchecked, biases cause errors in judgment, which can result in various degrees of harm. In her recently published book The Inclusive Leader: Taking Intentional Action for Justice and Equity, Dr. Artika R. Tyner presents various studies that reveal the particularly high prevalence of... 2022
Anna K. Krause UNIVERSITY BIAS RESPONSE TEAMS: BALANCING STUDENT FREEDOM FROM DISCRIMINATION AND FIRST AMENDMENT RIGHTS THROUGH STUDENT OUTREACH 55 Indiana Law Review 809 (2022) The field of higher education is working to balance student First Amendment rights with the creation of inclusive learning environments for all students. Incidents involving alleged bias are a consistent presence across college and university campuses in the United States--a recent report found that eighty-four percent of surveyed university equal... 2022
Thomas G. Shannan "ARE WE THERE YET?" NO.: THE NUMBERS THAT SUPPORT ADOPTING AUTOMATIC APPEALS IN JUVENILE DELINQUENCY PROCEEDINGS 106 Cornell Law Review 1629 (September, 2021) Introduction. 1630 I. The Rise and Fall of the Rehabilitative Juvenile Court. 1633 A. The Rise: Common Law Roots and the Early Years. 1633 B. The Adjustment: Introducing Due Process. 1638 C. The Fall: Get Tough on Crime and the Transformation to a More Punitive Court. 1641 II. The (Non)Existent Right to Juvenile Delinquency Appeals. 1644 A. Brief... 2021
Michael Heise, Jason P. Nance "DEFUND THE (SCHOOL) POLICE"? BRINGING DATA TO KEY SCHOOL-TO-PRISON PIPELINE CLAIMS 111 Journal of Criminal Law and Criminology 717 (Summer, 2021) Nationwide calls to Defund the Police, largely attributable to the resurgent Black Lives Matter demonstrations, have motivated derivative calls for public school districts to consider defunding (or modifying) school resource officer (SRO/police) programs. To be sure, a school's SRO/police presence-- and the size of that presence--may... 2021
Alison J. Lynch, Esq. , Michael L. Perlin, Esq. "I SEE WHAT IS RIGHT AND APPROVE, BUT I DO WHAT IS WRONG": PSYCHOPATHY AND PUNISHMENT IN THE CONTEXT OF RACIAL BIAS IN THE AGE OF NEUROIMAGING 25 Lewis & Clark Law Review 453 (2021) In this Article, we first consider the relevant differences between antisocial personality disorder (ASPD) and psychopathy. Then, we look at the meager cohort of federal sentencing cases in which the issue of psychopathy is even raised, and consider decision-making in this context from the perspective of implicit racial bias. Next, we present some... 2021
Jann L. Murray-Garcia, MD, MPH , Victoria Ngo, PhD "I THINK HE'S NICE, EXCEPT HE MIGHT BE MAD ABOUT SOMETHING": CULTURAL HUMILITY AND THE INTERRUPTION OF SCRIPTS OF RACIAL INEQUALITY 25 U.C. Davis Social Justice Law Review 73 (Summer, 2021) I think he's nice, except he might be mad about something. A White-presenting child responds to the question ABC News's John Stossel posed to a group of school-aged children. He shows them enlarged photos of two men, one Black and the other White. What about this guy? Do you think he's nice? Stossel asks about the White man. I think he's... 2021
1 2 3 4 5 6 7 8 9 10 11 12 13 14