Author | Title | Citation | Summary | Year |
Breean Walas, Shenoa Payne |
FIGHT BACK AGAINST BIAS AND FEAR |
58-SEP Trial 34 (September, 2022) |
State lawmakers have made LGBTQ youth the latest target of discriminatory legislation, which puts vulnerable adolescents at more risk. Living as an LGBTQ person in America is not easy. It never has been. And the fight for equal treatment is not over. Despite progress in recent years through landmark U.S. Supreme Court rulings recognizing the rights... |
2022 |
Raymond J. McKoski |
Giving up Appearances: Judicial Disqualification and the Apprehension of Bias |
4 British Journal of American Legal Studies 35 (Spring, 2015) |
Judicial disqualification rules define the point at which a judge cannot be trusted to decide a case fairly. Because the disqualification of judges corrodes the presumption of impartiality and undercuts the sanctity of the judicial oath, recusals should be based on facts, not appearances. But both the British Commonwealth and the United States... |
2022 |
Chief Justice Paula M. Carey (Ret.) |
GOING BEYOND EQUALITY AND STRIVING TOWARD EQUITY: ADDRESSING SYSTEMATIC RACISM AND BIAS IN THE COURTS |
66 Boston Bar Journal 26 (2022) |
State court systems must provide services and deliver justice in a manner that inspires public trust and confidence. All individuals must be treated fairly and impartially in every interaction with the court system. To achieve public trust and confidence, the existence of systemic racism in the courts must be acknowledged. Specifically, courts must... |
2022 |
Cass R. Sunstein |
GOVERNING BY ALGORITHM? NO NOISE AND (POTENTIALLY) LESS BIAS |
71 Duke Law Journal 1175 (March, 2022) |
As intuitive statisticians, human beings suffer from identifiable biases-- cognitive and otherwise. Human beings can also be noisy in the sense that their judgments show unwanted variability. As a result, public institutions, including those that consist of administrative prosecutors and adjudicators, can be biased, noisy, or both. Both bias and... |
2022 |
Max Londberg |
HIRING CRITERIA AND TITLE VII: HOW ONE MANIFESTATION OF EMPLOYER BIAS EVADES JUDICIAL SCRUTINY |
91 University of Cincinnati Law Review 516 (2022) |
Writing in 1988, feminist and critical race scholar Kimberlé Williams Crenshaw described the Civil Rights Act of 1964 (commonly known as Title VII) as contributing to the removal of most formal barriers and symbolic manifestations of subordination. But the Act and other reforms ultimately fell short, for a challenge to the legitimacy of... |
2022 |
Itiel E. Dror |
HOW CAN FRANCIS BACON HELP FORENSIC SCIENCE? THE FOUR IDOLS OF HUMAN BIASES |
50 Jurimetrics Journal 93 (Fall, 2009) |
ABSTRACT: In this paper, I try to find ways to improve forensic science by identifying potential vulnerabilities. To this end, I use Francis Bacon's doctrine of idols, which distinguishes between different types of human biases that may prevent scientific and objective inquiry. Bacon's doctrine contains four sources for such biases: idola tribus... |
2022 |
Haley Loquercio |
HOW FREE IS FREE SPEECH: MEDIA BIAS, PRETRIAL PUBLICITY, AND DEFENDANTS' NEED FOR A UNIVERSAL APPELLATE RULE TO COMBAT PREJUDICED JURIES |
126 Penn State Law Review 875 (Spring, 2022) |
The media is a prevalent, persuasive force in American society. Americans, on average, spend over twelve hours per day consuming both traditional and digital media. While most Americans recognize that the media they consume is biased, the media maintains its grip on the American psyche. The media's effects have also seeped into courtrooms. When a... |
2022 |
Norman L. Greene |
HOW GREAT IS AMERICA'S TOLERANCE FOR JUDICIAL BIAS? AN INQUIRY INTO THE SUPREME COURT'S DECISIONS IN CAPERTON AND CITIZENS UNITED, THEIR IMPLICATIONS FOR JUDICIAL ELECTIONS, AND THEIR EFFECT ON THE RULE OF LAW IN THE UNITED STATES |
112 West Virginia Law Review 873 (Spring, 2010) |
L1-2Introduction L3875 A. The Fundamental Questions. 875 B. Suppose Justice Is Not Impartial. 876 C. The U.S. Supreme Court and Impartiality. 877 D. Some Observations on the International Promotion of the Rule of Law. 879 E. Judicial Impartiality as a Fundamental Part of the Rule of Law. 883 I. Judicial Impartiality, Judicial Elections, and... |
2022 |
Michael Conklin |
I KNEW IT ALL ALONG: THE PROMISING EFFECTIVENESS OF A PRE-JURY INSTRUCTION AT MITIGATING HINDSIGHT BIAS |
74 Baylor Law Review 307 (Spring, 2022) |
Of all the forms of wisdom, hindsight is by general consent the least merciful, the most unforgiving. -John Fletcher Jurors are often given the difficult task of determining the likelihood of injury given the defendant's behavior. This is particularly challenging because it requires jurors to disregard the fact that, in hindsight, an injury did... |
2022 |
Ted A. Donner |
ILLINOIS COURTS STRUGGLE WITH IMPLICIT BIAS AND JUSTICE STEVENS'S LEGACY: WHY ILLINOIS SHOULD REVISIT HIS DISSENTING OPINION IN PURKETT v. ELEM |
53 Loyola University Chicago Law Journal 717 (Summer, 2022) |
Contemporary racial justice movements and increased interest in implicit bias are shining a spotlight on the role of peremptory challenges in jury selection and how best to combat prejudice in this essential step of the criminal justice system. States such as Arizona and Washington have undertaken reforms designed to shift a dynamic that, under... |
2022 |
The Hon. George Phelan, Annelise Araujo, Donald G. Tye |
IMMIGRATION BIAS IN FAMILY LAW PRACTICE |
44-WTR Family Advocate 29 (Winter, 2022) |
Lawyers and judges who identify as white, cisgender, heterosexual men have long been overrepresented in the family law bar. Meanwhile, immigrants, first-generation Americans, and LGBTQ+ people are appearing before the court more often. As these demographic shifts continue, family law practitioners are more likely than ever to encounter parties... |
2022 |
Glen M. Vogel , Robert Costello |
IMPLICIT BIAS IS NOT A FAIRYTALE: FROM THE CLASSROOM TO THE COURTROOM: THE CONNECTION BETWEEN RACIAL BIAS IN EARLY EDUCATION AND ITS IMPACT ON STEREOTYPES AND INTERACTIONS WITH THE CRIMINAL JUSTICE SYSTEM |
20 Seattle Journal for Social Justice 695 (Spring, 2022) |
Even though great strides have been achieved in the area of racial equality over the last half century, the reality is that people of color, particularly Black Americans, continue to face discrimination across all facets of life and, in particular, face adverse treatment and outcomes in education and in the criminal justice system. A person of... |
2022 |
Moira Gray , Fall 2021 Intern, NDAA |
IMPLICIT BIAS TRAININGS: THE FUTURE OR A FAILURE? (INTERN EDITION) |
56-JAN Prosecutor 30 (January, 2022) |
Following the racial tension and protests of 2020, many municipalities are seeking ways to display their commitment towards racial equality and equity. Law enforcement agencies must prove to their constituents that they are fighting against racism, both structurally and with accountability for individuals. The conversation on improving our criminal... |
2022 |
Leonard E. Birdsong |
IN QUEST OF GENDER-BIAS IN DEATH PENALTY CASES: ANALYZING THE ENGLISH SPEAKING CARIBBEAN EXPERIENCE |
10 Indiana International & Comparative Law Review 317 (2000) |
I. L2-3,T3Introduction 317 II. L2-3,T3A Perspective on the Death Penalty in the Caribbean 319 A. The Death Penalty Debate. 319 B. Pratt and Morgan. 321 III. L2-3,T3Trinidad, Women on Death Row, and Ramjattan 323 A. Trinidad. 323 B. Women on Death Row. 324 C. The Ramjattan Case. 324 D. The Privy Council Ruling. 326 IV. L2-3,T3Back to the Court of... |
2022 |
Phyllis C. Taite |
INEQUALITY BY UNNATURAL SELECTION: THE IMPACT OF TAX CODE BIAS ON THE RACIAL WEALTH GAP |
110 Kentucky Law Journal 639 (2021-2022) |
Table of Contents. 639 Introduction. 640 I. Social Darwinism. 641 II. Real Estate Investment Trusts and Mass Incarceration. 643 A. What Is a Real Estate Investment Trust?. 643 B. What Is the Relationship Between Mass Incarceration and Tax Policy?. 646 i. The Rise of Private Prisons and Detention Centers. 646 ii. Show Me the Money!. 648 C. The... |
2022 |
Ann Mead Hooker, J.D. and Doctor of Forestry & Environmental Studies Program Analyst, Forest Service U.S. Department of Agriculture Washington, D.C. U.S.A. |
INTRODUCTION TO WORLD FORESTRY; THE LAST TREE: RECLAIMING THE ENVIRONMENT IN TROPICAL ASIA; GENDER BIAS: ROADBLOCK TO SUSTAINABLE DEVELOPMENT; MANAGING THE WORLD'S FORESTS: LOOKING FOR BALANCE BETWEEN CONSERVATION AND DEVELOPMENT |
33 Natural Resources Journal 529 (Spring, 1993) |
During the 1980s, conservationists drew world attention to the issue of tropical rainforest destruction. Concern soon broadened to the general problem of forest conservation, and in June 1992 at the United Nations Conference on Human Development and the Environment in Rio de Janeiro, the international community agreed on a set of forest principles.... |
2022 |
Leigh Harvis-Nazzario |
IT'S NOT THE ALGORITHMS, IT'S THE PEOPLE: PREVENTING BIAS IN AUTOMATED HIRING TOOLS STARTS WITH HUMANS |
49 Rutgers Computer and Technology Law Journal 138 (2022) |
I. INTRODUCTION. 139 II. BACKGROUND. 139 A. A Recipe for Algorithms. 140 B. Algorithms in the Hiring Process. 142 C. Bias in Recruitment Algorithms. 144 D. Examples of Algorithmic Discrimination. 147 III. ANTI-DISCRIMINATION LAWS IN THE CONTEXT OF PREDICTIVE HIRING SOLUTIONS. 151 A. The Equal Employment Opportunity Commission (EEOC). 152 1. Office... |
2022 |
Elizabeth Low |
KEEPING CULTURAL BIAS OUT OF THE COURTROOM: HOW ICWA "QUALIFIED EXPERT WITNESSES" MAKE A DIFFERENCE |
44 American Indian Law Review 43 (2019) |
For centuries, Indians were regarded as an inferior people causing the government to make efforts to assimilate--and later to dismantle--Indian families to improve and protect the identity of the United States. In the 1970s, the government embraced an era of self-determination for American Indians by creating laws that would simultaneously protect... |
2022 |
Donald J. Polden , Jenna M. Anderson |
LEADERSHIP TO ADDRESS IMPLICIT BIAS IN THE LEGAL PROFESSION |
62 Santa Clara Law Review 63 (2022) |
This Article discusses the problem of implicit bias within the legal profession; why its persistence impedes the work that lawyers do; and the need for leaders to take steps to recognize, understand, and ameliorate it. Implicit biases, also referred to as unconscious biases, are prejudices that people have, but are unaware of their existence. These... |
2022 |
McKenzi B. Baker |
MADE WHOLE: THE EFFICACY OF LEGAL REDRESS FOR BLACK WOMEN WHO HAVE SUFFERED INJURIES FROM MEDICAL BIAS |
57 Harvard Civil Rights-Civil Liberties Law Review 321 (Summer, 2022) |
Kira Johnson died a preventable death when physicians at Cedars-Sinai Medical Center failed to adequately respond to hemorrhaging from what was supposed to be a routine cesarean section. After waiting twelve hours for imperative attention that could have saved her life, Kira's husband was callously told that she was just not a priority. Four hours... |
2022 |
W. Nicholson Price II |
MEDICAL AI AND CONTEXTUAL BIAS |
33 Harvard Journal of Law & Technology 65 (Fall, 2019) |
C1-2Table of Contents I. Introduction. 66 II. The Promise of Black-Box Medicine. 70 A. Advancing Medical Knowledge. 70 B. Automating the Routine. 71 C. Democratizing Expertise. 73 1. Diagnostics and Treatment Recommendations. 74 a. Diagnostics. 74 b. Treatment Recommendations. 76 2. Contexts of Application. 77 III. Where Medical AI Is... |
2022 |
Kristin M. Kostick-Quenet, I. Glenn Cohen, Sara Gerke, Bernard Lo, James Antaki, Faezah Movahedi, Hasna Njah, Lauren Schoen, Jerry E. Estep, J.S. Blumenthal-Barby |
MITIGATING RACIAL BIAS IN MACHINE LEARNING |
50 Journal of Law, Medicine & Ethics 92 (Spring, 2022) |
Keywords: Algorithmic Bias, Racial Bias, Machine Learning, Artificial Intelligence, Ethics Abstract: When applied in the health sector, AI-based applications raise not only ethical but legal and safety concerns, where algorithms trained on data from majority populations can generate less accurate or reliable results for minorities and other... |
2022 |
Jeffrey Fagan |
NO RUNS, FEW HITS, AND MANY ERRORS: STREET STOPS, BIAS, AND PROACTIVE POLICING |
68 UCLA Law Review 1584 (February, 2022) |
Equilibrium models of racial discrimination in law enforcement encounters suggest that in the absence of racial discrimination, the proportion of searches yielding evidence of illegal activity (the hit rate) will be equal across races. Searches that disproportionately target one racial group, resulting in a relatively low hit rate, are inefficient... |
2022 |
Michael R. Curran |
ON COMMON GROUND: USING CULTURAL BIAS FACTORS TO DECONSTRUCT ASIA-PACIFIC LABOR LAW |
30 George Washington Journal of International Law and Economics 349 (1996-1997) |
C1-3Table of Contents I. Introduction: The World's Web. 351 II. Cultural Bias Factors in Comparative Labor Law. 355 III. Asian Growth: Political, Economic, and Legal Factors Affecting Organized Labor. 360 A. The Example of Thailand. 361 B. Important Regional Political, Economic, and Labor Law Factors. 367 1. Political and Economic Aspects. 367 2.... |
2022 |
Bryce P. Harp |
ONE NATION? REEXAMINING TRIBAL SOVEREIGN IMMUNITY IN THE MODERN ERA OF SELF-DETERMINATION |
46 Tulsa Law Review 449 (Spring 2011) |
The concept of sovereign immunity is a remnant of early English common law. Under this doctrine, the King is immune from suit because the [K]ing can do no wrong. This concept still survives today, though abrogated to some degree by the federal government and most state and local governments, in the form of tribal sovereign immunity. Similar to... |
2022 |
Jordan Buckwald |
OUTRUNNING BIAS: UNMASKING THE JUSTIFICATIONS FOR EXCLUDING NON-BINARY ATHLETES IN ELITE SPORT |
44 Harvard Journal of Law & Gender 1 (Winter, 2021) |
The inclusion of intersex and transgender athletes in sport has long been the subject of vigorous debate. Elite sport governing bodies like the International Association of Athletics Federations have attempted to articulate policies limiting the extent to which such athletes can compete in the female category. The most common reasons given to... |
2022 |
|
Perpetuating the Presumption of Guilt: The Role of Implicit Racial Bias in Forensic Testimony |
58 Criminal Law Bulletin ART 1 (2022) |
Executive Director, Forensic Justice Project; J.D., Seattle University School of Law, B.S., New York University. Thank you to my brother and sister, who are my lifelong friends, and to Andy, my partner and champion. |
2022 |
Mark W. Cordes |
POLICING BIAS AND CONFLICTS OF INTEREST IN ZONING DECISIONMAKING |
65 North Dakota Law Review 161 (1989) |
Courts have traditionally reviewed zoning decisions for substantive correctness, applying in most instances the deferential arbitrary and capricious standard. In recent years, however, courts have increasingly reviewed zoning decisions for procedural correctness, such as the satisfaction of notice and hearing requirements. This reflects a growing... |
2022 |
Ann Marie Janus |
PROFESSIONAL RESPONSIBILITY - JUDICIAL DISQUALIFICATION FOR APPEARANCE OF BIAS - JENKINS v. STERLACCI, 849 F.2D 627 (D.C. CIR. 1988). |
62 Temple Law Review 1075 (Fall, 1989) |
In Jenkins v. Sterlacci, the United States Court of Appeals for the District of Columbia held that waiver of judicial disqualification under 28 U.S.C. § 455(e) may be implied when a party has only constructive knowledge of facts supporting an appearance of impropriety claim and fails to object. The court held that the waiver may be implied even... |
2022 |
Linda A. Malone |
PROTECTING THE LEAST RESPECTED: THE GIRL CHILD AND THE GENDER BIAS OF THE VIENNA CONVENTION'S ADOPTION AND RESERVATION REGIME |
3 William & Mary Journal of Women and the Law 1 (Spring, 1997) |
Your children are not your children They are the sons and daughters of life's longing for itself They come through you but they are not from you and though they are with you They belong not to you You can give them your love but not your thoughts They have their own thoughts They have their own thoughts You can house their bodies but not their... |
2022 |
Katherine M. Becker |
RACIAL BIAS AND PRISON DISCIPLINE: A STUDY OF NORTH CAROLINA STATE PRISONS |
43 North Carolina Central Law Review 1 (2021) |
Black and Indigenous people receive disproportionate disciplinary write-ups in the North Carolina state prison system. As a result, incarcerated Black and Indigenous people are more likely than their white counterparts to experience disciplinary sanctions, including solitary confinement. In this Article, I analyze data from the North Carolina... |
2022 |
Amy Sings In The Timber, Randi Mattox |
RACIAL BIAS AND WRONGFUL CONVICTIONS |
47-MAR Montana Lawyer 11 (February/March, 2022) |
Innocence work is evolving. The drivers of wrongful convictions are not changing. Rather, advocates around the country are beginning to recognize and acknowledge how racial equity plays a role in ending unjust incarceration in our criminal legal system. Considering who is most often wrongfully convicted and the motivations behind locking up... |
2022 |
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 |