Christine Kumar THE AUTOMATED TIPSTER: HOW IMPLICIT BIAS TURNS SUSPICION ALGORITHMS INTO BBQ BECKYS 72 Federal Communications Law Journal 97 (May, 2020) C1-3Table of Contents I. Introduction. 98 II. The Wrongful Mobilization of the Police: How Implicit Bias in Humans and Technologies can Influence Policing. 101 A. Implicit Bias in Human and Police Interactions. 102 B. Big Data, Machine Learning and the Police. 104 III. Legal Mechanisms that can Protect Against Implicit Bias in Police-Used Machine... 2020
Hon. Pamela J. White THIRTY YEARS LATER: RECALLING THE GENDER BIAS REPORT AND ASKING "WHAT'S NEXT?" IN THE LEGAL PROFESSION 80 Maryland Law Review Online 13 (2020) The front-page newspaper headlines on May 4, 1989 were jolting to read: Sex Bias Pervades Md. Courts, Panel Finds: Discrimination Reported by Litigants, Judicial Candidates Alike; Sex bias in courts found to hurt women the most,; Gender Bias Is Widespread in Md. Courts, Study Finds: Committee Urges End to Sex Discrimination; Study finds... 2020
Molly Griffard A Bias-free Predictive Policing Tool?: an Evaluation of the Nypd's Patternizr 47 Fordham Urban Law Journal 43 (December, 2019) Introduction. 44 I. Background on Predictive Policing. 46 A. A Short History of Predictive Policing. 47 B. Critiques of Predictive Policing and Actuarial Justice. 49 i. Racial Biases. 49 ii. Unchecked Error: Data, Social Science, and Cognitive Biases. 52 1. Data Entry Errors. 53 2. Flawed Social Science. 53 3. Cognitive Biases. 54 iii.... 2019
Cynthia M. Ho A Dangerous Concoction: Pharmaceutical Marketing, Cognitive Biases, and First Amendment Overprotection 94 Indiana Law Journal 773 (Summer, 2019) This Article argues that pharmaceutical marketing to doctors should be more critically evaluated and entitled to less First Amendment protection, contrary to a trend dating back to the Supreme Court's 2011 decision in Sorrell. In particular, the Article argues that more information to doctors in the form of pharmaceutical marketing does not... 2019
Alisa Micu Addressing Racial Bias in the Jury System: Another Failed Attempt? 35 Georgia State University Law Review 843 (Spring, 2019) A long-standing rule of evidence, Rule 606(b), also referred to as the no-impeachment rule, establishes that testimony of jurors regarding events in deliberations cannot be used to question the validity of a verdict. Courts have held that the no-impeachment rule is the general tenet governing the use of juror testimony when a defendant seeks a new... 2019
Joseph J. Avery An Uneasy Dance with Data: Racial Bias in Criminal Law 93 Southern California Law Review Postscript 28 (June, 2019) Businesses and organizations expect their managers to use data science to improve and even optimize decisionmaking. The founder of the largest hedge fund in the world has argued that nearly everything important going on in an organization should be captured as data. Similar beliefs have permeated medicine. A team of researchers has taken over 100... 2019
The Honorable Bernice B. Donald, Sarah Redfield Arcing Toward Justice 34-SUM Criminal Justice 18 (Summer, 2019) Author's Note: This article is rich in citation, much referencing statistics or science journals. To keep it more readable, we have deviated from our usual citation approach and used a + symbol to indicate that further citation detail is available. Anyone wanting full citations or further background should reach out to Professor Redfield at... 2019
Avani Mehta Sood Attempted Justice: Misunderstanding and Bias in Psychological Constructions of Criminal Attempt 71 Stanford Law Review 593 (March, 2019) Abstract. How do jurors construe and apply facts and law to decide the point at which a defendant's thoughts and actions cross the line from being legally innocent to criminal? And under what doctrinal circumstances are such lay constructions of criminality vulnerable to legal misunderstanding and bias? Although these are high-stakes questions, the... 2019
Brenda M. Bauges , Tenielle Fordyce-Ruff Avoiding Gatekeeper Bias in Hiring Decisions 62-JUL Advocate 39 (June/July, 2019) Bias in hiring used to be overt. For instance, during her keynote address at the Idaho Women Lawyers 2019 Gala, the Honorable Mary M. Schroeder, Senior Judge of the United States Court of Appeals for the Ninth Circuit, shared her experiences trying to find a job after moving to Phoenix, Arizona, in the 1960's. She suffered through several meetings... 2019
Dustin Rynders Battling Implicit Bias in the Idea to Advocate for African American Students with Disabilities 35 Touro Law Review 461 (2019) The disproportionate representation, discipline, and restrictive placement of African American students in special education is an urgent problem and a hotly contested issue. Currently, African American students are overrepresented in special education when compared to their white peers. African American students are also disciplined at higher... 2019
Scott Dodson Beyond Bias in Diversity Jurisdiction 69 Duke Law Journal 267 (November, 2019) The long-running debate over the propriety and proper scope of diversity jurisdiction has always centered on the traditional justification for diversity jurisdiction: the need to avoid actual or perceived state court bias against out-of-state parties. Supporters of diversity jurisdiction assert that such bias continues to justify diversity... 2019
M. Eve Hanan , UNLV William S. Boyd School of Law, Las Vegas, Nevada, 702-895-2368, Email, Twitter @eve_hanan Bias and the Remorse Discount 43-MAY Champion 16 (May, 2019) The decision to credit a client's remorse may make the difference in sentencing. While little research has been undertaken to document implicit racial bias in remorse assessments, a look at two areas of existing research-- judicial assessments of remorse and implicit racial bias--points to a likelihood that judges unconsciously discount African... 2019
Sandra G. Mayson Bias In, Bias out 128 Yale Law Journal 2218 (June, 2019) Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many scholars have noted, these algorithms tend to have disparate racial impacts. In response, critics advocate three strategies of resistance: (1) the exclusion of input... 2019
Dana E. Prescott , Diane A. Tennies Bias Is a Reciprocal Relationship: Forensic Mental Health Professionals and Lawyers in the Family Court Bottle 31 Journal of the American Academy of Matrimonial Lawyers 427 (2019) The profession of law and its belief in the adversarial system as a means to discern factual truths in child custody litigation is deeply rooted in centuries of political and constitutional theory. Beyond political rhetoric and academic discourse, the definition of who is a parent and who has rights and responsibilities for children may mean that... 2019
Joseph W. Yockey Bias Response on Campus 48 Journal of Law and Education Educ. 1 (Winter, 2019) Bias Assessment and Response Teams (BARTs) are becoming ubiquitous at universities in the United States. These programs rely on administrative personnel to investigate and intervene in alleged bias incidents on campus. BART proponents maintain that the programs play an important role in promoting safety, diversity, and inclusivity. Critics, on the... 2019
Tressa Bussio Blatantly Biased: Expanding Peña-rodriguez to Cases of Bias Against Sexual Orientation, Religion, and Sex 26 William and Mary Journal of Race, Gender, and Social Justice 167 (Fall, 2019) Introduction I. Tensions Between the Sixth Amendment and Federal Rule of Evidence 606 A. Promises of the Sixth Amendment and Evidentiary Requirements of Rule 606(b) B. Court Compromises II. The Gravest and Most Important Case: Peña-Rodriguez v. Colorado A. Statement of Facts B. A Sixth Amendment Issue Masquerading as a Fourteenth Amendment Issue... 2019
Peter Hyndman Body Cameras Won't Bring Justice: Why Pennsylvania's Chapter 67a Does Not Promise Police Accountability 91 Temple Law Review 321 (Winter, 2019) On August 9, 2014, Ferguson, Missouri, police officer Darren Wilson shot and killed Michael Brown, an unarmed, black eighteen-year-old. The killing sparked immediate and prolonged protests in Ferguson and elsewhere, with demonstrators taking to the streets to challenge what they viewed as yet another instance of police brutality against people of... 2019
Robert W. Emerson , Steven A. Hollis Bound by Bias? Franchisees' Cognitive Biases 13 Ohio State Business Law Journal 1 (2019) Cognitive biases play a fundamental part in franchisor-franchisee deal making. Ordinarily, franchisors have more power and information than do franchisees. The disparity between these parties is often exacerbated by the franchisees' psychological dispositions. Are franchisees biased or uninformed to the extent that they cannot evaluate the... 2019
Kimberly A. Houser Can Ai Solve the Diversity Problem in the Tech Industry? Mitigating Noise and Bias in Employment Decision-making 22 Stanford Technology Law Review (2019) (Spring, 2019) After the first diversity report was issued in 2014 revealing the dearth of women in the tech industry, companies rushed to hire consultants to provide unconscious bias training to their employees. Unfortunately, recent diversity reports show no significant improvement, and, in fact, women lost ground during some of the years. According to a Human... 2019
Fanta Freeman Do I Look like I Have an Attitude? How Stereotypes of Black Women on Television Adversely Impact Black Female Defendants Through the Implicit Bias of Jurors 11 Drexel Law Review 651 (2019) Do you watch television? What kind of shows do you watch on a weekly basis? Do any of the shows you watch have black female characters? If so, how are the women portrayed? It is not typical for these questions to be asked during voir dire. Yet these questions may be imperative to identify jurors who may be biased toward black female defendants as... 2019
Jonathan Simon Explicit Bias: Why Criminal Justice Reform Requires Us to Challenge Crime Control Strategies That Are Anything but Race Blind 54 Tulsa Law Review 331 (Winter, 2019) Elizabeth Hinton, From the War on Poverty to the War on Crime: The Making of Mass Incarceration in America (Harvard University Press 2017). Pp.464. Paperback $18.95. Nicole Gonzalez Van Cleve, Crook County: Racism and Injustice in America's Largest Criminal Court (Stanford University Press 2016). Pp. 272. Hardcover $16.95. These books rely upon... 2019
  Explicit Reactions to Implicit Bias 55-MAY Arizona Attorney Att'y 8 (May, 2019) Understanding Implicit Bias by ASU's Dean Ray English (March 2019) addresses a critical issue in today's political and civil discourse. I think the joke with which the article began could be used better to bring the message home with a different punch line. The joke begins, A white guy, a black guy and a cop walk into a bar .. I suggest... 2019
Professor Shlomit Yanisky-Ravid, Cynthia Martens From the Myth of Babel to Google Translate: Confronting Malicious Use of Artificial Intelligence--copyright and Algorithmic Biases in Online Translation Systems 43 Seattle University Law Review 99 (Fall, 2019) Many of us rely on Google Translate and other Artificial Intelligence and Machine Learning (AI) online translation daily for personal or commercial use. These AI systems have become ubiquitous and are poised to revolutionize human communication across the globe. Promising increased fluency across cultures by breaking down linguistic barriers and... 2019
Isabel Bilotta , Abby Corrington , Saaid A. Mendoza , Ivy Watson , Eden King How Subtle Bias Infects the Law 15 Annual Review of Law and Social Science 227 (2019) subtle bias, law, decision making, selection This review describes the ways in which contemporary forms of prejudice and stereotypes, which are often subtle and unconscious, give rise to critical problems throughout the legal system. This summary highlights dominant themes and understudied issues at the intersection of legal and psychological... 2019
Veena Bansal Immigration Status in Jury Trials: State Legislature & State Supreme Court Involvement in Combatting Jury Bias 56 American Criminal Law Review Online Online 1 (Winter, 2019) In 2018, immigration was a controversial issue. On July 18, 2018 Mollie Tibbetts, a 20-year old student, was abducted while jogging through the rural town of Brooklyn, Iowa. She disappeared without a trace and her story took the news by storm. Over a month later, police arrested alleged undocumented immigrant, Cristian Rivera, for Mollie's murder.... 2019
Yasir Billoo Implicit Bias and its Application in the Life of a Lawyer 93-APR Florida Bar Journal 10 (March/April, 2019) Early in my career, while I was litigating in Arizona, I met men and women from a local Native American tribe who believed it was disrespectful to look someone in the eyes during a conversation. Before I learned about their beliefs, every time I met with witnesses who were members of that tribe, I thought they were being untruthful. Later I found... 2019
S. Grace Acosta Implicit Bias in Attorney Evaluation of Judges and Why it Applies to Everyone, Even You 32-AUG Utah Bar Journal 18 (July/August, 2019) This fall, we can expect to receive surveys asking us to evaluate the performance of judges before whom we have appeared. It happens every other year. These surveys are an important professional duty to support a strong judiciary. Judges benefit from constructive feedback, and attorney surveys are a critical part of the Judicial Performance... 2019
Thomas C. Grella Implicit Bias: a Hidden Obstacle to Exemplary Firm Culture 45 No. 3 Law Practice 62 (May/June, 2019) THE WEEKEND BEFORE I completed this column, it was my privilege to walk my daughter down the aisle. Rebekah met her fiancé while at college in Winston-Salem, North Carolina. Though he had lived in the United States from the first day of his freshman year in high school through finishing his master's at Syracuse University, Sungju Moon is a South... 2019
Jason P. Nance Implicit Racial Bias and Students' Fourth Amendment Rights 94 Indiana Law Journal 47 (Winter, 2019) Tragic acts of school violence such as what occurred in Columbine, Newtown, and, more recently, in Parkland and Santa Fe, provoke intense feelings of anger, fear, sadness, and helplessness. Understandably, in response to these incidents (and for other reasons), many schools have intensified the manner in which they monitor and control students.... 2019
Ruqaiijah Yearby Internalized Oppression: the Impact of Gender and Racial Bias in Employment on the Health Status of Women of Color 49 Seton Hall Law Review 1037 (2019) As advocates from the #MeToo and #TimesUp movements work to end sexual harassment and unequal pay in employment, they must not ignore the unique problems women of color face. As noted in Kimberle Crenshaw's theory of intersectionality, women of color face gender and racial bias in employment, thus eradicating gender bias will not make women of... 2019
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