Norrinda Brown Hayat Accommodating Bias in the Sharing Economy 83 Brooklyn Law Review 613 (Winter, 2018) Airbnb spent an estimated $5 million for its 30-second #weaccept advertisement to air during the 2017 Super Bowl. The advertisement was a montage of faces of people of different nationalities while an uplifting melody play[ed], and a caption about inclusion appear[ed] .. The caption read: We believe no matter who you are, where you're from,... 2018
Gregory Mitchell An Implicit Bias Primer 25 Virginia Journal of Social Policy and the Law 27 (Winter, 2018) Introduction. 28 I. What is implicit bias, and how is it measured?. 30 II. What causes the response patterns from which implicit bias is inferred?. 33 III. Is implicit bias synonymous with unconscious bias?. 39 IV. Is implicit bias related to discriminatory behavior?. 45 V. Can implicit bias be changed through training or education?. 52 Conclusion:... 2018
Bryan Neft, ACBA President Anecdotes Drive Home the Need for Anti-bias Training 20 No. 22 Lawyers Journal 3 (October 26, 2018) Do you remember going for that first job interview, worrying about if your clothes were spot on, and your hair perfectly in place? When you submitted a resume to a firm, did you ever worry that your name looked too ethnic or that an organization you belonged to would skew the reviewer's opinion about you before they even got to know you and your... 2018
Lydette S. Assefa Assessing Dangerousness Amidst Racial Stereotypes: an Analysis of the Role of Racial Bias in Bond Decisions and Ideas for Reform 108 Journal of Criminal Law and Criminology 653 (Fall, 2018) The problems of mass incarceration in the United States and its burdens on the economic and social well-being of local communities, counties, and states have received increased attention and have spurred conversations on prison and jail reform. More recently, reform efforts have appropriately focused on the bond system and the role of pretrial... 2018
Alex Reed Associational Discrimination Theory & Sexual Orientation-based Employment Bias 20 University of Pennsylvania Journal of Business Law 731 (2018) Introduction. 731 I. Associational Sex Discrimination in the Academic Literature. 735 II. The EEOC and Associational Sex Discrimination. 738 III. Associational Sex Discrimination: An Imperfect Means of Redressing Sexual Orientation-Based Employment Bias. 742 A. Expanding Coverage Beyond Race. 743 B. Demonstrating Membership in a Protected Class.... 2018
Brian Sanford Attitude Adjustment 81 Texas Bar Journal 848 (December, 2018) [I]mplicit bias refers to the attitudes or stereotypes that affect our understanding, actions, and decisions in an unconscious manner. The U.S. Supreme Court recognized the concept of implicit bias in Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project: Recognition of disparate impact liability under the FHA also plays a... 2018
Christina Shu Jien Chong Battling Biases: How Can Diverse Students Overcome Test Bias on the Multistate Bar Examination 18 University of Maryland Law Journal of Race, Religion, Gender and Class 31 (Spring, 2018) Drafters of standardized tests, such as the Law School Admissions Test (LSAT) and Multistate Bar Examination (MBE), strive to eliminate biases in multiple-choice questions by assembling representatives of diverse backgrounds to screen and discard prejudicial questions. But in reality, intelligence tests will always contain some aspect of bias... 2018
John M. Malutinok Beyond Actual Bias: a Fuller Approach to an Impartiality in School Exclusion Cases 38 Children's Legal Rights Journal 112 (2018) Fairness of course requires an absence of actual bias in the trial of cases. But our system of law has always endeavored to prevent even the probability of unfairness. -Justice Hugo W. Black Arthur Newsome, a sixteen-year old junior, was accused of selling marijuana cigarettes on the grounds of his Ohio high school. When the school principal... 2018
LaToya Baldwin Clark Beyond Bias: Cultural Capital in Anti-discrimination Law 53 Harvard Civil Rights-Civil Liberties Law Review 381 (Fall, 2018) This Article explores race and class inequality in the distribution of special education benefits pursuant to the Individuals with Disabilities Education Act (IDEA). Scholarship in this area has focused on the disproportionately high representation of black children in special education and in the most stigmatized disability categories. The... 2018
Debbie A. Thomas Bias in the Boardroom: Implicit Bias in the Selection and Treatment of Women Directors 102 Marquette Law Review 539 (Winter 2018) In light of the stagnation in growth of women directors on corporate boards, board diversity advocates and corporate leaders should look to the role implicit gender bias plays in the board nomination process and in challenges women directors face while serving on boards. Relevant stakeholders often overlook how implicit bias barriers prevent women... 2018
Mikah K. Thompson Bias on Trial: Toward an Open Discussion of Racial Stereotypes in the Courtroom 2018 Michigan State Law Review 1243 (2018) C1-2Table of Contents Introduction. 1244 I. The Prevalence and Impact of Racial Bias Among Jurors. 1246 A. Stereotypes and Character Assessment. 1253 B. Stereotypes and Witness Credibility Assessment. 1258 C. Stereotypes, Fact Interpretation, and Recall. 1266 1. Ambiguous Facts. 1267 2. Fact Recall. 1271 II. Current Methods for Identifying and... 2018
Crystal Powell Bias, Employment Discrimination, and Black Women's Hair: Another Way Forward 2018 Brigham Young University Law Review 933 (2018) C1-2Contents I. Introduction. 933 II. History of Black Hair, Implicit Bias, and Workplace Grooming Standards. 937 A. History of Black Hair Texture and Hairstyle: Centuries of Stereotyping. 938 B. Clean, Neat, and Kept Versus Extreme, Eye-Catching, and Unprofessional: Workplace Grooming Policies Reflect Racial Stereotypes. 943 III. Should Black... 2018
Maureen Hanlon Biased Adults, Brash Youth, and Uneven Punishment: the Need for Increased Legal Protections for Youth 62 Saint Louis University Law Journal 969 (Summer, 2018) Our legal jurisprudence has only recently begun to take notice of adolescence as a stage of life from childhood and adulthood. Yet common notions of this unique developmental period stretch back at least 400 years to an old Shepherd's lament in A Winter's Tale: I would there were no age between sixteen and three-and-twenty, or that youth would... 2018
Dr. Bridgette Baldwin Black, White, and Blue: Bias, Profiling, and Policing in the Age of Black Lives Matter 40 Western New England Law Review 431 (2018) Most middle-class whites have no idea what it feels like to be subjected to police who are routinely suspicious, rude, belligerent, and brutal. Benjamin Spock On July 17, 2014, in Staten Island, New York, Eric Garner lost his life to an illegal chokehold at the hands of police officer Daniel Pantaleo. With his last words, Garner uttered the... 2018
McKenzie Raub Bots, Bias and Big Data: Artificial Intelligence, Algorithmic Bias and Disparate Impact Liability in Hiring Practices 71 Arkansas Law Review 529 (2018) With artificial intelligence, we are summoning the demon. You know all those stories where there's the guy with the pentagram and the holy water and he's like, yeah, he's sure he can control the demon? Doesn't work out. While this is perhaps dramatic, many Americans share Elon Musk's underlying anxieties about artificial intelligence's increasing... 2018
Anjanette H. Raymond , Emma Arrington Stone Young , Scott J. Shackelford Building a Better Hal 9000: Algorithms, the Market, and the Need to Prevent the Engraining of Bias 15 Northwestern Journal of Technology & Intellectual Property 215 (Spring, 2018) Abstract--As sci-fi fans will recall, the movie 2001: A Space Odyssey is focused on the interaction between humans and artificial intelligence. In the movie, HAL (Heuristically programmed Algorithmic Computer) 9000 computer is an artificial intelligence and the onboard computer on the spaceship Discovery 1. HAL 9000, more commonly called Hal, is... 2018
Kate Sablosky Elengold Clustered Bias 96 North Carolina Law Review 457 (January, 2018) Agencies, advocates, and courts regularly and repeatedly fail plaintiffs who have experienced intersectional discrimination based on more than one personal identity trait. Nearly thirty years after intersectionality theory was first introduced to legal scholarship, however, its insights have yet to be effectively integrated into antidiscrimination... 2018
Christopher T. Stein , Michelle Drouin Cognitive Bias in the Courtroom: Combating the Anchoring Effect Through Tactical Debiasing 52 University of San Francisco Law Review 393 (2018) JUDGES AND JURIES ARE the heart of the American legal system. We entrust them to fairly apply the facts to the law and render justice through their judgment. Judges are relied on daily to resolve multimillion dollar claims, decide guilt or innocence, and even impose life or death sentences. We have long assumed, or perhaps merely hoped, that judges... 2018
Morgan A. Birck Do You See What I See? Problems with Juror Bias in Viewing Body-camera Video Evidence 24 Michigan Journal of Race and Law 153 (Fall, 2018) In the wake of the Michael Brown shooting in Ferguson, Missouri, advocates and activists called for greater oversight and accountability for police. One of the measures called for and adopted in many jurisdictions was the implementation of body cameras in police departments. Many treated this implementation as a sign of change that police officers... 2018
Christina LaRocca Evidence as an Avenue for Bias and Prejudice: What Is Missing from the Model Code of Judicial Conduct Rule 2.3 31 Georgetown Journal of Legal Ethics 705 (Fall, 2018) The role of the judge includes the responsibility of determining the admissibility of evidence in cases before the court, as well as assigning levels of significance to each piece of evidence. Adjudicators are meant to provide impartial assessments of the facts and evidence before them, and determine how the relevant law applies to them. The... 2018
Jessica A. Clarke Explicit Bias 113 Northwestern University Law Review 505 (2018) Abstract--In recent decades, legal scholars have advanced sophisticated models for understanding prejudice and discrimination, drawing on disciplines such as psychology, sociology, and economics. These models explain how inequality is implicit in cognition and seamlessly woven into social structures. And yet, obvious, explicit, and overt forms of... 2018
Patrick C. Brayer Gender Nonconforming Expression and Binary Thinking: Understanding How Implicit Bias Becomes Explicit in the Legal System, Considering the Shooting Death of Philando Castile 55 American Criminal Law Review Online 44 (2018) While lawyers and activists fighting for transgender rights have been temporarily halted in their efforts, theorists, poets, and artists are taking the lead in advancing the conversation about gender fluidity and the plight of people with non-binary gender identities. This essay is about what practitioners who combat implicit bias in the legal... 2018
Amanda Levendowski How Copyright Law Can Fix Artificial Intelligence's Implicit Bias Problem 93 Washington Law Review 579 (June, 2018) Abstract: As the use of artificial intelligence (AI) continues to spread, we have seen an increase in examples of AI systems reflecting or exacerbating societal bias, from racist facial recognition to sexist natural language processing. These biases threaten to overshadow AI's technological gains and potential benefits. While legal and computer... 2018
Sharon Price-Cates Implicit Bias 313-AUG New Jersey Lawyer, the Magazine 65 (August, 2018) Research by social scientists and neuroscientists has made available more accurate models on how the brain works, explaining how people think and behave. This research is informing the legal community that while racial bias and discrimination certainly can be intentional, it is just as likely to be unconscious implicit bias. Implicit bias refers... 2018
Yvonne Elosiebo Implicit Bias and Equal Protection: a Paradigm Shift 42 New York University Review of Law and Social Change 451 (2018) In a society that touts grand egalitarian principles, one must reckon with the reality of racial, financial, carceral, educational, and health disparities. Certain groups consistently differentially perform in almost every metric, despite the contention that they are accorded the same opportunities. This article explores how unconscious bias has... 2018
Khiara M. Bridges Implicit Bias and Racial Disparities in Health Care 43 Human Rights 19 (2018) Why are black people sicker, and why do they die earlier, than other racial groups? Many factors likely contribute to the increased morbidity and mortality among black people. It is undeniable, though, that one of those factors is the care that they receive from their providers. Black people simply are not receiving the same quality of health care... 2018
Samuel R. Bagenstos Implicit Bias's Failure 39 Berkeley Journal of Employment and Labor Law 37 (2018) Introduction: The Political Project of Implicit Bias Research. 37 I. The Failure of Depoliticization. 43 II. The Failure of Depersonalization. 48 Conclusion. 51 2018
Praatika Prasad Implicit Racial Biases in Prosecutorial Summations: Proposing an Integrated Response 86 Fordham Law Review 3091 (May, 2018) Racial bias has evolved from the explicit racism of the Jim Crow era to a more subtle and difficult-to-detect form: implicit racial bias. Implicit racial biases exist unconsciously and include negative racial stereotypes and associations. Everyone, including actors in the criminal justice system who believe themselves to be fair, possess these... 2018
Gregory S. Cusimano Implicit Unconscious Bias 79 Alabama Lawyer 418 (November, 2018) It was a Thursday afternoon, April 12. Joe and Ted walked into a coffee shop. Joe walked over to the manager and asked if he could use the restroom. He was told only paying customers could use the restroom, so they took a seat at a table. The manager walked over and asked if he could help with water or other drinks. They thanked him and said they... 2018
Julian R. Murphy. Is it Recording?--racial Bias, Police Accountability, and the Body-worn Camera Activation Policies of the Ten Largest Metropolitan Police Departments in the Usa 9 Columbia Journal of Race and Law 141 (2018) In recent years, there has been a growing belief that the pressing problem of racial bias in policing might be ameliorated by a technical fix--namely, police body-worn cameras. Accordingly, body-worn cameras have been introduced in police departments across the country, giving rise to a variety of different internal guidelines and policies. This... 2018
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