Sasha Leonhardt, Christine M. Acree MORTGAGE REGULATION DEVELOPMENTS: COVID-19 ASSISTANCE AND APPRAISAL BIAS 78 Business Lawyer 531 (Spring, 2023) Mortgage regulation developments continue apace with significant changes related to COVID-19 reverberations in parallel with a strong focus on appraisals, particularly regarding discrimination and biases, as well as standards for automated models. Although the country is emerging from the COVID-19 crisis, in several instances, federal regulators... 2023
Brett V. Ries NOT UP FOR DELIBERATION: EXPANDING THE PE√ĎA-RODRIGUEZ PROTECTION TO COVER JURY BIAS AGAINST LGBTQ+ INDIVIDUALS 72 Duke Law Journal 1567 (April, 2023) Discrimination against LGBTQ+ individuals persists within the United States criminal justice system, which is no surprise given the history of LGBTQ+ discrimination in the United States. Evidence of jurors convicting LGBTQ+ defendants--or, in some extreme cases, sentencing them to death--because of the defendant's queer identity is especially... 2023
Sophia Iams PATENTLY BIASED: A DISCUSSION OF HISTORICAL AND SYSTEMIC CAUSES OF RACIAL DISPARITY IN PATENT LAW 27 University of San Francisco Intellectual Property and Technology Law Journal 199 (Spring, 2023) This article addresses the racial disparity in patenting rates through a holistic discussion of the potential causes of bias introduced in the patent system. A nearly twenty-five percent decreased likelihood of securing a patent excluding factors other than race is an unacceptable form of discrimination. Prohibitively high costs for patent... 2023
Nora G. McNeil PERCEPTUAL AND COGNITIVE BIASES IN THE UPTAKE OF POLICE BODY-WORN CAMERA FOOTAGE: IMPLICATIONS AND SUGGESTIONS FOR INTRODUCTION OF VIDEO EVIDENCE AT TRIAL 41 Quinnipiac Law Review 499 (2023) I. Introduction. 500 II. Perceptual and Cognitive Biases. 504 A. Camera Perspective Bias. 505 1. Camera Perspective Bias: Foundational Research and Principles. 506 2. Illusory Causation. 509 3. Salience. 511 4. Attention. 513 5. Memory-Based and Perceptual-Based Cognition. 518 6. Self-Imagery. 521 B. The Effect of Movement and Motion Blur. 524 C.... 2023
Jacqueline Katzman, Margaret Bull Kovera, Department of Psychology, Graduate Center, City University of New York, Department of Psychology, John Jay College of Criminal Justice, City University of New York POTENTIAL CAUSES OF RACIAL DISPARITIES IN WRONGFUL CONVICTIONS BASED ON MISTAKEN IDENTIFICATIONS: OWN-RACE BIAS AND DIFFERENCES IN EVIDENCE-BASED SUSPICION 47 Law and Human Behavior 23 (February, 2023) Objective: We explored whether racial disparities in evidence-based suspicion (i.e., evidence of guilt prior to placement in a lineup) provide a better explanation of racial disparities in exonerations based on eyewitness misidentification than the own-race bias in eyewitness identifications. Hypotheses: We predicted that the own-race bias in... 2023
Kate Abramowitz, Amy Bradfield Douglass, Department of Psychology, Bates College RACIAL BIAS IN JURY SELECTION HURTS MOCK JURORS, NOT JUST DEFENDANTS: TESTING ONE POTENTIAL INTERVENTION 47 Law and Human Behavior 153 (February, 2023) Objectives: Prosecutors often use race as a basis for excluding Black jurors in cases with Black defendants. The current research tested whether this practice influences juror attitudes (Study 1). It also tested an intervention to prevent racially biased jury selection (Study 2). Hypotheses: We predicted that participants exposed to the exclusion... 2023
Christina Silva , Kea S. Noyan RECOGNIZING AND AVOIDING BIAS IN WORKPLACE INVESTIGATIONS 345-DEC New Jersey Lawyer, the Magazine 22 (December, 2023) Investigations into allegations of employee misconduct require investigator neutrality to obtain facts that are objective, fair, complete, and accurate, and to facilitate fact-based decisions by an employer. If bias or the appearance of bias governs the investigation, decisions will not be a result of objective case deliberation but rather a result... 2023
Mary Nicol Bowman SEEKING JUSTICE: PROSECUTION STRATEGIES FOR AVOIDING RACIALLY BIASED CONVICTIONS 32 Southern California Interdisciplinary Law Journal 515 (Spring, 2023) Common rhetorical techniques used by prosecutors, even those who reject racially prejudiced beliefs, are likely to trigger jurors' implicit biases. Current case law and ethical rules set up well-intentioned prosecutors by obscuring the racial bias embedded in this rhetoric and the likely impact of coded language on jurors. In 2020, however,... 2023
Samuel Vincent Jones SEXUALIZED POLICE VIOLENCE AND BIAS: ARE BLACK MALES MOST VULNERABLE? 56 UIC Law Review 627 (Winter 2023) It is sometimes mistakenly thought that the black male experience represents a mere racial variation on the white male experience and that black men suffer from discrimination only because they are black. Conceptualizing separate over-lapping black and male categories has sometimes interfered with the recognition that certain distinctive features... 2023
Jennifer S. Fan STARTUP BIASES 56 U.C. Davis Law Review 1423 (April, 2023) This Article provides an original descriptive account of bias in the startup context and explains why litigation is eschewed and what happens when it is used as a mechanism to combat bias in the venture capital ecosystem. Further, this Article identifies two particular phenomena in the startup context that exacerbate gender and racial bias. First,... 2023
Emily A. Kline STOLEN VOICES: A LINGUISTIC APPROACH TO UNDERSTANDING IMPLICIT GENDER BIAS IN THE LEGAL PROFESSION 30 UCLA Journal of Gender & Law 21 (Summer, 2023) C1-2Table of Contents Introduction. 22 I. Women's Struggle to Achieve Parity in the Legal Profession. 27 II. The Role of Implicit Gender Bias. 31 III. Decades of Linguistical Studies Have Charted the Differences in Communication Styles Between Men and Women. 34 A. Gendered Oral Communication. 35 B. Gendered Written Communication. 38 C. The Feminist... 2023
Kim Diana Connolly, Elisa Lackey THE BUFFALO MODEL: AN APPROACH TO ABA STANDARD 303(C)'S EXPLORATION OF BIAS, CROSS-CULTURAL COMPETENCY, AND ANTIRACISM IN CLINICAL & EXPERIENTIAL LAW 70 Washington University Journal of Law & Policy 71 (2023) Clinical courses expose students not only to lawyering skills but also the essential values of the legal profession: provision of competent representation; promotion of justice, fairness, and morality; continuing improvement of the profession; and professional self-development. This Article offers an early analysis of ABA Standard 303(c) following... 2023
Courtney Garrett THE MUFFLED VOICE OF MINORITY LAW STUDENTS: HOW LAW JOURNALS HAVE SUCCUMBED TO UNSOLICITED BIASES AND LIMITED THE PROGRESSION OF DIVERSITY IN LAW SCHOOLS 24 Rutgers Race & the Law Review 185 (2023) What does it take to be a published law student in America's current system? The answer: a selection from a journal cabinet which normally consists of current students at the journal's respective law school. The overall process is supervised by a faculty member to ensure that the operation is following the school's standards. However, why would... 2023
Masai McDougall UNDERSTANDING BIAS IN CIVIL PROCEDURE: TOWARDS AN EMPIRICAL ANALYSIS OF PROCEDURAL RULE-MAKING'S ROLE IN CONTINUING INEQUALITY 75 Rutgers University Law Review 455 (Winter, 2023) This Article uses the history of procedural rules governing freedom suits to elucidate the collection of rights that constitute the Western idea of individual liberty, and to make a prima facie case that our current Rules of Civil Procedure are biased against the enforcement of those rights by American minorities. This history reveals a... 2023
Amanda Peters WHAT TORRES v. MADRID REVEALS ABOUT FACT BIAS IN CIVIL RIGHTS CASES 50 Florida State University Law Review 569 (Spring, 2023) Introduction. 570 I. Pleading Hurdles Lead to Factual Hurdles. 574 II. Judicial Bias in Civil Rights Cases. 577 III. Judicial Bias Leads to Fact Bias: Torres v. Madrid. 580 A. The Legal Claims. 581 B. The Plaintiff's Facts. 582 C. The Defendants' Facts. 584 1. Officer Janice Madrid. 584 2. Sergeant Jeff Smith. 586 3. Officer Richard Williamson.... 2023
Brittany Eckard WITH GREAT POWER COMES GREAT RESPONSIBILITY: A PROPOSAL FOR COMPREHENSIVE REGULATION OF ALGORITHMS IN HEALTHCARE TO MITIGATE BIAS 26 Quinnipiac Health Law Journal 69 (2023) C1-2Table of Contents Introduction. 71 I. Overview of Current Use in Healthcare. 74 a. General Overview. 74 b. Use to Determine Access to Services. 74 c. Use to Determine Insurance Rate and Availability. 76 II. Privacy Concerns. 79 a. Information Obtained Without Meaningful Informed Consent. 79 b. Black Box Algorithms. 81 III. Bias Concerns. 83... 2023
Darren Lenard Hutchinson "CONTINUALLY REMINDED OF THEIR INFERIOR POSITION": SOCIAL DOMINANCE, IMPLICIT BIAS, CRIMINALITY, AND RACE 46 Washington University Journal of Law & Policy 23 (2014) The intersection of race and criminal law and enforcement has recently received considerable attention in US media, academic, and public policy discussions. Media outlets, for example, have extensively covered a series of incidents involving the killing of unarmed black males by law enforcement and private citizens. These cases include the killing... 2022
Breann Nu'uhiwa "LANGUAGE IS NEVER ABOUT LANGUAGE": ELIMINATING LANGUAGE BIAS IN FEDERAL EDUCATION LAW TO FURTHER INDIGENOUS RIGHTS 37 University of Hawaii Law Review 381 (Spring, 2015) Language is power, life and the instrument of culture, the instrument of domination and liberation. -Angela Carter Before infants utter their first words or learn to assign meaning to speech, they develop preferences for those who speak their native languages in native accents. As children move into the preschool environment, language differences... 2022
Tess M. S. Neal , Pascal Lienert , Emily Denne , Jay P. Singh A GENERAL MODEL OF COGNITIVE BIAS IN HUMAN JUDGMENT AND SYSTEMATIC REVIEW SPECIFIC TO FORENSIC MENTAL HEALTH 46 Law and Human Behavior 99 (April, 2022) Objective. Cognitive biases can impact experts' judgments and decisions. We offer a broad descriptive model of how bias affects human judgment. Although studies have explored the role of cognitive biases and debiasing techniques in forensic mental health, we conducted the first systematic review to identify, evaluate, and summarize the findings.... 2022
Ande Davis A PREPONDERANCE OF BIAS: WHY ARTIFICIAL INTELLIGENCE SHOULD BE QUALIFIED IMMUNITY'S FATAL FLAW 61 Washburn Law Journal 565 (Spring, 2022) In the wake of the 2020 police killings of Breonna Taylor in Louisville, Kentucky, and George Floyd in Minneapolis, Minnesota, the public discussion of criminal accountability for law enforcement was accompanied by a related discussion around civil remedies for victims. This secondary discussion brought new public attention to the impediments posed... 2022
Elizabeth Lashley-Haynes AB 3070 REMEDIES JUROR SELECTION BIAS 44-FEB Los Angeles Lawyer 10 (February, 2022) California Assembly Bill 3070, which took effect on January 1, 2022, is a welcome effort to unravel decades of deeply embedded laws and practices-- whether formal or informal--that enabled (or at a minimum failed to prevent) the biased exclusion of specific groups of people from serving on a jury. In sum, AB 3070, as codified in Section 231.7 in... 2022
Robert R. Kuehn ADDRESSING BIAS IN ADMINISTRATIVE ENVIRONMENTAL DECISIONS 37 Journal of the National Association of Administrative Law Judiciary 693 (Fall, 2017) Allegations of bias in administrative environmental decisions are common and seemingly increasing because of the significant economic and political interests in many disputes. From high profile national oil spills to local land use matters, parties to environmental proceedings allege conflicts of interest, favoritism, prejudgment of outcomes,... 2022
Craig A. Raabe ADMINISTRATIVE LAW-DECISIONMAKER BIAS AND THE PROCEDURAL DUE PROCESS RIGHTS OF WITHDRAWING EMPLOYERS UNDER THE MPPAA 9 Western New England Law Review 227 (1987) The Court of Appeals for the Third Circuit recently found that a vital provision of the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA) violates the fifth amendment due process rights of contributing employers. In United Retail & Wholesale Employees Teamsters Union Local 115 Pension Plan v. Yahn & McDonnell, Inc., a federal court of... 2022
R. Mitchell McGrew ANALYSIS OF A BIAS-BASED EXCEPTION TO THE DOCTRINE OF EXHAUSTION IN WILSON V. BULL 39 American Indian Law Review 617 (2014-2015) The jurisdictional reach of U.S. federal courts invokes a number of complicated questions and requires a delicate balancing act. Courts and legislators must weigh the guiding and limiting parameters of the Constitution as well as important policy considerations. The waters become even muddier when tribal concerns are involved. The courts are... 2022
Amr A. Shalakany ARBITRATION AND THE THIRD WORLD: A PLEA FOR REASSESSING BIAS UNDER THE SPECTER OF NEOLIBERALISM 41 Harvard International Law Journal 419 (Spring, 2000) Revolution ought to be spooky. This Article investigates disciplinary bias in international commercial arbitration. More specifically, it is an attempt to readdress what are generally dismissed today as outmoded Third World concerns that arbitration has tended to resolve international trade and investment disputes in favor of the economic... 2022
Rohit Asirvatham, Michael D. Frakes ARE CONSTITUTIONAL RIGHTS ENOUGH? AN EMPIRICAL ASSESSMENT OF RACIAL BIAS IN POLICE STOPS 116 Northwestern University Law Review 1481 (2022) Abstract--This Article empirically tests the conventional wisdom that a permissive constitutional standard bearing on pretextual traffic stops--such as the one announced by the Supreme Court in Whren v. United States-- contributes to racial disparities in traffic stops. To gain empirical traction on this question, we look to state constitutional... 2022
Cynthia Willis-Esqueda, Ph.D. BAD CHARACTERS AND DESPERADOS: LATINXS AND CAUSAL EXPLANATIONS FOR LEGAL SYSTEM BIAS 67 UCLA Law Review 1204 (November, 2020) Although there is a long history of prejudice and discrimination against Latinxs within the U.S. legal system, there is a dearth of research seeking to understand the causal underpinnings of the biased decisionmaking that works against them. While this Article discusses the experience of those who identify as Latinx broadly, in several areas it... 2022
Darryl K. Brown BATSON v. ARMSTRONG: PROSECUTORIAL BIAS AND THE MISSING EVIDENCE PROBLEM 100 Oregon Law Review 357 (2022) Introduction. 358 I. Where and When are Prosecutors Biased?. 365 A. Evidence Linking Racial Bias and Prosecutorial Discretion. 365 B. Bias in Charges, Dismissals, Plea Bargains and Sentencing. 369 C. Bias in Jury Selection. 374 D. Implications for Equal Protection Litigation. 375 II. Batson v. Armstrong Doctrine. 376 A. Procedural Structure of... 2022
Joan C. Williams , Rachel M. Korn , Sky Mihaylo BEYOND IMPLICIT BIAS: LITIGATING RACE AND GENDER EMPLOYMENT DISCRIMINATION USING DATA FROM THE WORKPLACE EXPERIENCES SURVEY 72 Hastings Law Journal 337 (November, 2020) This Article joins other voices in challenging what I will call the implicit bias consensus in employment discrimination law, first crystallized in the work of Susan Sturm and Linda Hamilton Krieger. The implicit bias consensus has two basic components. The first is that most employment discrimination today is what Sturm christened second... 2022
Kathleen A. Tarr BIAS AND THE BUSINESS OF SHOW EMPLOYMENT DISCRIMINATION IN THE "ENTERTAINMENT" INDUSTRY 51 University of San Francisco Law Review Forum 1 (2016) I can't mount a film of this budget . and say that my lead actor is Mohammad so-and-so from such-and-such. I'm just not going to get it financed. So the question [of casting non-White actors] doesn't even come up. - Ridley Scott, Director You would think actors' equity association (AEA)--of all unions--would remember its Shakespeare: A rose by... 2022
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