Alexis Ronickher Intertwining Bias Claims 55-SEP Trial 20 (September, 2019) When alleging national origin discrimination in the workplace, consider whether your client has experienced other types of bias based on race, religion, or gender--if so, use this to strengthen your case. Animus toward foreign-born people has long generated divisions in American politics and society. However, foreign-born workers who are... 2019
Colleen M. Berryessa Judicial Stereotyping Associated with Genetic Essentialist Biases Toward Mental Disorders and Potential Negative Effects on Sentencing 53 Law and Society Review 202 (March, 2019) This research, utilizing qualitative methodology with grounded theory, develops a model that illuminates a process by which judicial stereotyping associated with genetic essentialist biases toward mental disorders may affect judges' views regarding the sentencing and punishment of offenders with mental disorder diagnoses presented or understood to... 2019
Christine R. Costantino Learning Lab Offers a Chance to Confront Systemic Bias 79-JUN Oregon State Bar Bulletin 42 (June, 2019) Earlier this year, I participated in a learning lab called Full Diversity Partners, presented by a company called White Men as Full Diversity Partners. It was an immersive, 3.5-day residential program that brought together people of color and white men and women to examine racism, sexism and privilege. One goal of the lab was for participants to... 2019
Alnisa Bell Litigating Implicit Bias Cases in the #Metoo Era 320-OCT New Jersey Lawyer, the Magazine 20 (October, 2019) The #MeToo Movement, founded by activist Tarana Burke, gained momentum in 2017 when Alyssa Milano tweeted a request to her followers: If you've been sexually harassed or assaulted, write me too as a reply to this tweet. The tweet encouraged women to share their stories of sexual harassment and assault. Since then, we have seen hundreds of... 2019
Melissa L. Breger Making the Invisible Visible: Exploring Implicit Bias, Judicial Diversity, and the Bench Trial 53 University of Richmond Law Review 1039 (May, 2019) All people harbor implicit biases--which by definition, are not always consciously recognized. Although trial judges are specifically trained to compartmentalize and shield their decisions from their own biases, implicit biases nonetheless seep into judicial decision making. This article explores various strategies to decrease implicit bias in... 2019
Rory Bahadur Newsworthiness as an Internet-era Mitigant of Implicit Bias 88 UMKC Law Review Rev. 1 (Fall, 2019) Newsworthiness is the legal line separating the existence of liability for the publication of true information from no liability. If true information is newsworthy the First Amendment prohibits liability for the publication of that information. Before the internet gave individuals the ability to engage in widespread publication, established media... 2019
John Austin Morales Peña-rodriguez V. Colorado: Carving out a Racial-bias Exception to the No-impeachment Rule 50 Saint Mary's Law Journal 767 (2019) I. Introduction. 768 II. The Law Before Peña-Rodriguez v. Colorado. 769 A. Common Law. 769 B. Federal Rule of Evidence 606(b)--The No-Impeachment Rule. 771 C. Tanner v. United States. 772 D. Warger v. Shauers. 775 E. Circuit Splits: Creating a Racial-Bias Exception v. The Tanner Safeguards. 776 III. Peña-Rodriguez v. Colorado: The Journey from the... 2019
Michele Benedetto Neitz Pulling Back the Curtain: Implicit Bias in the Law School Dean Search Process 49 Seton Hall Law Review 629 (2019) I.Introduction. 630 II.The Unique and Challenging Role of a Law School Dean. 632 A. The Traditional Role of a Dean. 632 B. The Role of a Dean After the Great Recession. 633 1. Law Deans as Innovators. 634 2. Law Deans as Job Placement Experts. 635 C. The Dean as a Juggler of Various Constituencies. 636 III.The Typical Dean Search Process and... 2019
Justin D. Levinson , Robert J. Smith , Koichi Hioki Race and Retribution: an Empirical Study of Implicit Bias and Punishment in America 53 U.C. Davis Law Review 839 (December, 2019) Retribution stands at the forefront of America's criminal justice system. Yet, as Justice Anthony Kennedy cautioned, retribution is also the motive for punishment that most often can contradict the law's own ends. This Article proposes, and then tests empirically, the existence of a novel contradiction of retribution--the idea that race and... 2019
Rachel DiBenedetto Reducing Recidivism or Misclassifying Offenders?: How Implementing Risk and Needs Assessment in the Federal Prison System Will Perpetuate Racial Bias 27 Journal of Law & Policy 414 (2019) Your Honor, I understand the appeal of using this sentencing software, EVALUATE. I do. It appears to be efficient, precise, immune to emotion and lapses in logic. It seems fair and unbiased, so shouldn't we attempt to be fair and unbiased in evaluating whether it actually works? 32, 19, 34 . 32% is the federal recidivism rate. 19%? 19% is the... 2019
Tim Friehe, Ansgar Wohlschlegel Rent Seeking and Bias in Appeals Systems 48 Journal of Legal Studies 117 (January, 2019) We analyze a litigation contest in which plaintiff and defendant seek to win in trial court, and the losing litigant may appeal. In our setup, the appeals court's judgment depends on the trial court's judgment, the merits of the litigants' arguments, and their efforts in the appeals stage. We find that the possibility of appeal increases the... 2019
Norman L. Reimer , NACDL, Washington, DC, 202-465-7623, Email, Website, Twitter @NACDL Rooting out Bias: How a Bad Stop Can Make Good Law 43-FEB Champion Champion 9 (January/February, 2019) NACDL's robust and often lauded amicus curiae program is not known for its work in civil cases. But a dubious 2014 traffic stop of a young man in the Town of Wallingford, Vermont, provided a unique opportunity for NACDL to further its mission to redress systemic racism in the criminal justice system. In February 2018, NACDL submitted an amicus... 2019
Jennifer Bennett Shinall Settling in the Shadow of Sex: Gender Bias in Marital Asset Division 40 Cardozo Law Review 1857 (April, 2019) Divorce has a long history of economically disempowering women. From the time of coverture to the era of modern divorce reform, women have been persistently disadvantaged by divorce relative to men. Family law scholars have long attributed this disadvantage to the continued prevalence of traditional gender roles and the failure of current marital... 2019
Alison M. Nelson Spotlight on Bias 62-FEB Advocate 31 (February, 2019) Are organizations that support the advancement of women in law really necessary in this day and age? Don't all employers (especially lawyers) understand that it's neither legal nor appropriate to discriminate against an employee on the basis of gender? Early in my career, I asked myself these very questions. By the time I had started practicing,... 2019
Michael Nesbitt , Robert Oxoby , Meagan Potier Terrorism Sentencing Decisions in Canada since 2001: Shifting Away from the Fundamental Principle and Towards Cognitive Biases 52 U.B.C. Law Review 553 (June, 2019) Today, the spectacle of terrorist acts and terrorism trials has unfortunately become rather commonplace, with over 50 prosecutions in Canada in the last 15 years. Prior to 2001, a terrorism offence did not exist in Canada, at least not according to the Criminal Code. It was not until the 9/11 terrorist attack on the World Trade Centers that... 2019
Jonathan Kahn, J.D., Ph.D. The 911 Covenant: Policing Black Bodies in White Spaces and the Limits of Implicit Bias as a Tool of Racial Justice 15 Stanford Journal of Civil Rights & Civil Liberties 1 (February, 2019) Introduction. 1 I. The Narrative of Implicit Bias. 3 A. What is Implicit Bias?. 4 B. Implicit Bias is Everyone's Problem. 7 C. Implicit Bias Marginalizes Racism. 8 D. Implicit Bias Consigns Racism to the Dustbin of History. 9 II. A Social Inflection Point?. 12 III. A Legal Inflection Point. 15 A. Revisiting and Revising Jody Armour's Reasonable... 2019
Melissa Hamilton The Biased Algorithm: Evidence of Disparate Impact on Hispanics 56 American Criminal Law Review 1553 (Fall, 2019) Automated risk assessment is all the rage in the criminal justice system. Proponents view risk assessment as an objective way to reduce mass incarceration without sacrificing public safety. Officials thus are becoming heavily invested in risk assessment tools--with their reliance upon big data and algorithmic processing--to inform decisions on... 2019
Jaclyn Alcantara The Impact of Implicit Bias on Female Patent Applicants in an Age of Increasingly Vague Patent Standards 88 UMKC Law Review 161 (Fall, 2019) No aspect of U.S. patent law explicitly or implicitly excludes women from patenting their inventions. Yet among the inventors listed on the thousands of patent applications filed each year in the United States, women remain vastly underrepresented. The names of female inventors were only listed on 21% of patents granted in 2016, with women making... 2019
David Yokum, Christopher T. Robertson, Matt Palmer The Inability to Self-diagnose Bias 96 Denver Law Review 869 (Summer, 2019) Litigants are guaranteed the right to an impartial jury--one that bases its judgment only on the evidence presented in the courtroom. The Supreme Court, as recently as in Skilling v. United States, has instructed courts on how to screen for potentially impartial jurors: simply ask them. The empirical presumption behind this directive is that jurors... 2019
Teri A. McMurtry-Chubb The Practical Implications of Unexamined Assumptions: Disrupting Flawed Legal Arguments to Advance the Cause of Justice 58 Washburn Law Journal 531 (Summer, 2019) At a point early in the first semester of my first year of law school, the entire 1L class gathered together for the last session of our mandatory legal reasoning course. We were a class of slightly more than 100 students with approximately 30 students of color, the majority of whom were African American. As per usual, most of us were seated in... 2019
Laura Victorelli The Right to Be Heard (And Understood): Impartiality and the Effect of Sociolinguistic Bias in the Courtroom 80 University of Pittsburgh Law Review 709 (Spring, 2019) Working for Justice can take many forms, but for linguists, we believe it should include listening to vernacular dialects more closely and hearing their speakers more clearly and more fairly, not only in courtrooms, but also in schools, job interviews, apartment searches, doctors' visits, and everywhere that speech and language matter. --John... 2019
Lori Andrews The Technology Enterprise: Systemic Bias Against Women 9 UC Irvine Law Review 1035 (July, 2019) Who Designs Technology?. 1037 Who Funds Technology?. 1045 Who Patents Technology?. 1048 How Is Technology Marketed?. 1050 What Is the Impact of Technology--and on Whom?. 1055 Conclusion. 1061 2019
Artika R. Tyner Unconscious Bias, Implicit Bias, Microaggressions 36 No. 4 GPSolo 30 (July/August, 2019) Effective leaders build organizational cultures where employees can thrive, customers/clients experience excellence in service, and contributions can be made to the betterment of society. Because leadership is manifested through the active pursuit of learning, leaders typically pursue these goals by attending seminars, enlisting the support of a... 2019
Christian B. Sundquist Uncovering Juror Racial Bias 96 Denver Law Review 309 (Winter, 2019) The U.S. Supreme Court in Peña-Rodriguez v. Colorado recognized for the first time in this Nation's history that trial courts could consider post-verdict evidence of juror racial bias under the Sixth and Fourteenth Amendments, notwithstanding the common law no-impeachment rule and its federal counterpart (Federal Rule of Evidence 606). Trial courts... 2019
Alfred Ray English Understanding Implicit Bias 55-MAR Arizona Attorney 10 (March, 2019) A white guy, a black guy and a cop walk into a bar .. We'll get to the punchline in a moment, but while I have your attention I am hoping to shed a bit of light on implicit bias. Implicit or unconscious bias are terms that have permeated society over the last couple of years in ways we've never seen before. Whether you think it is political... 2019
Ryan D. Budhu Understanding the Role of Implicit Bias on 12 Albany Government Law Review 149 (2018-2019) In 1869, four years after the end of the Civil War, the New York Times reported on a small controversy in the independent city of Brooklyn. The controversy, stemming from the construction of a canal on Third Avenue, involved questions as to the appropriate role of the Brooklyn Corporation Counsel. The Corporation Counsel and the Mayor of Brooklyn,... 2019
Grace Manning Valuing Procedure over Substance: Racial Bias in the Capital Jury Room 56 American Criminal Law Review Online 52 (Spring, 2019) Keith Tharpe is an African American inmate on Georgia's death row. Nearly thirty years ago, a jury found him guilty of capital murder and sentenced him to death. Over seven years later, Tharpe's attorneys discovered that one of his jurors, who was white, harbored deeply racist views in connection with his vote for Tharpe's death. Since then, Tharpe... 2019
Sydney Melillo Vegas Rule: Jury Deliberation Edition: Should the Sixth Amendment Exception for Alleged Racial Bias in Deliberations Extend to Gender? 11 Drexel Law Review 705 (2019) Federal Rule of Evidence 606(b) and its jurisprudence generally prohibit jurors from impeaching the validity of their verdicts. This general preclusion of juror testimony, derived from eighteenth-century English common law, aims to protect the public from the inherent danger of dissecting private jury deliberations, which are supposed to be free... 2019
Ashley London, Chris Miller Wld Members Share Insights with Law Students to Confront Overt and Implicit Bias in Workplace 21 No. 6 Lawyers Journal 12 (March 15, 2019) Powerful, moving, relatable - all words that students in Duquesne Law Professor Ashley London's Professional Responsibility class used to describe a recent presentation made by the WLD's Committee to Advance Professionalism and End Bias. The presentation included a discussion of implicit bias, examples of bias experienced by members of the... 2019
Renee Nicole Allen, Deshun Harris #Socialjustice: Combatting Implicit Bias in an Age of Millennials, Colorblindness & Microaggressions 18 University of Maryland Law Journal of Race, Religion, Gender and Class 1 (Spring, 2018) Law schools, in an effort to produce practice-ready graduates, are in an opportune position to take the lead in confronting social justice. Many schools are shifting from traditional classroom instruction to more experiential learning environments which place students early in their academic pursuits in contact with clients and legal problems.... 2018
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