| Author | Title | Citation | Summary | Year |
| Prescott Loveland |
Acknowledging and Protecting Against Judicial Bias at Fact-finding in Juvenile Court |
45 Fordham Urban Law Journal 283 (December, 2017) |
As a public defender, I often represent young people from twelve to seventeen years old in juvenile court. My juvenile clients face a wide range of accusations and they come from various family circumstances. Nearly all of my juvenile clients, however, are young people of color from under-resourced communities. Many find themselves arrested for... |
2017 |
| Debra Chopp |
Addressing Cultural Bias in the Legal Profession |
41 New York University Review of Law and Social Change 367 (2017) |
Over the past two decades, there has been an outpouring of scholarship that explores the problem of implicit bias. Through this work, commentators have taken pains to define the phenomenon and to describe the ways in which it contributes to misunderstanding, discrimination, inequality, and more. This article addresses the role of implicit cultural... |
2017 |
| Anthony Kakoyannis |
Assessing the Viability of Implicit Bias Evidence in Discrimination Cases: an Analysis of the Most Significant Federal Cases |
69 Florida Law Review 1181 (July, 2017) |
The theory of implicit bias occupies a rapidly growing field of scientific research and legal scholarship. With the advent of tools measuring individuals' subconscious biases toward people of other races, genders, ages, national origins, religions, and sexual orientations, scholars have rushed to explore the ways in which these biases might affect... |
2017 |
| Mark Walsh |
Bias Behind Closed Doors |
103-MAY ABA Journal 20 (May, 2017) |
A case about racial bias in the jury room would seem to have all the makings of a provocative and headline-grabbing decision. However, Peña-Rodriguez v. Colorado, a case containing just such bias, hovered a bit below the radar, even during this relatively low-key U.S. Supreme Court term. Justice Anthony M. Kennedy appeared to be doing what he could... |
2017 |
| Vida B. Johnson |
Bias in Blue: Instructing Jurors to Consider the Testimony of Police Officer Witnesses with Caution |
44 Pepperdine Law Review 245 (2017) |
Jurors in criminal trials are instructed by the judge that they are to treat the testimony of a police officer just like the testimony of any other witness. Fact-finders are told that they should not give police officer testimony greater or lesser weight than any other witness they will hear from at trial. Jurors are to accept that police are no... |
2017 |
| Solangel Maldonado |
Bias in the Family: Race, Ethnicity, and Culture in Custody Disputes |
55 Family Court Review 213 (April, 2017) |
This essay examines the role of racial, ethnic, and cultural bias in custody cases. It analyzes cases where the court explicitly considered the parents' racial, ethnic, or cultural background and cases where the court did not acknowledge these factors but where it is clear from the court's opinion that biases influenced its decision. It then... |
2017 |
| Blanche Bong Cook |
Biased and Broken Bodies of Proof: White Heteropatriarchy, the Grand Jury Process, and Performance on Unarmed Black Flesh |
85 UMKC Law Review 567 (Spring, 2017) |
The intention in torture of humans is . to silence the other's voice by wrecking his or her body; it is to make the tortured speak the torturer's words instead of his own. Margaret A. Farley Although scholars have theorized about systemic racialized police violence, less attention has been given to systemic practices in the investigations and grand... |
2017 |
| Jamillah Bowman Williams |
Breaking down Bias: Legal Mandates Vs. Corporate Interests |
92 Washington Law Review 1473 (October, 2017) |
Abstract: Bias and discrimination continue to limit opportunities and outcomes for racial minorities in American institutions in the twenty-first century. The diversity rationale, touting the broad benefits of inclusion, has become widely accepted by corporate employers, courts, and universities. At the same time, many view a focus on... |
2017 |
| Julianne Hill |
Caught on Tape |
103-FEB ABA Journal 12 (February, 2017) |
THE USE OF SLOW-MOTION VIDEO HAS become common in criminal cases. But a new study has found that watching crimes at slower speeds leads viewers to falsely believe perps have more time to think about their actions and act with intent, potentially skewing verdicts against defendants. In a joint study out of the University of Chicago, University of... |
2017 |
| Dr. Cedric L. Alexander |
Community Policing as a Counter to Bias in Policing: a Personal Perspective |
126 Yale Law Journal Forum 381 (January 31, 2017) |
Some forty years ago, I was a very young black man living in the Florida panhandle. My dream was to get into law enforcement, but I first needed to get into the state academy, which required the endorsement of a Florida police executive. The chief of the Florida Agricultural and Mechanical University Police Department--a black chief in an... |
2017 |
| Blanche Cook |
Complicit Bias: Sex-offender Registration as a Penalty for Obstructing Sex-trafficking Prosecutions |
96 Nebraska Law Review 138 (2017) |
C1-3TABLE OF CONTENTS I. Introduction. 139 II. Case Synopsis. 145 III. The Federalization of Human Sex Trafficking. 147 IV. The Canons of Statutory Interpretation. 152 A. Plain Language of §§ 1591 and 16911. 152 B. The Legislative History. 160 1. Section 1591's Legislative History. 160 2. The Use of the T-Visa in Discouraging Obstruction. 166 3.... |
2017 |
| Gregory S. Parks, Hon. Andre M. Davis |
Confronting Implicit Bias: an Imperative for Judges in Capital Prosecutions |
42 Human Rights 22 (2017) |
The esteemed lawyer Jonathan Rapping, founder and director of the non-profit Gideon's Promise, has often said that the most obvious feature of our legal system is the disparate treatment of African Americans. In no context is this observation more true and profound than in the administration of capital punishment. Therefore, our evolving... |
2017 |
| Erwin Chemerinsky |
Confronting Racial Bias |
53-JUL Trial 56 (July, 2017) |
Issues concerning race were central to a significant number of cases before the US. Supreme Court in its October 2016 Term. Strikingly, these cases span many areas--criminal law, voting, free speech, and federal statutes. Twice this Term, the Court has spoken powerfully about the need to eradicate the taint of racial discrimination from criminal... |
2017 |
| Valeria Vegh Weis |
Criminal Selectivity in the United States: a History Plagued by Class & Race Bias |
10 DePaul Journal for Social Justice 1 (Summer, 2017) |
The United States is at a pivotal moment in terms of rethinking class and racial inequality within the criminal justice system. However, there is a lack of shared conceptual tools to frame this debate. First, there is no clear or comprehensive theoretical tool to describe, categorize, or analyze class and racial inequality throughout the criminal... |
2017 |
| Vernellia Randall, Tshaka Randall |
Cutting Across the Bias: Teaching Implicit Bias in a Healthcare Law Course |
61 Saint Louis University Law Journal 511 (Spring, 2017) |
Law faculty train students to believe that the law is objective in development, adoption, and application. Law faculty tend to teach discrimination in the law as either a historical oddity or very infrequent occurrence. When the law deals with discrimination, it does so narrowly, focusing on discrimination driven by intent, explicit stereotypes,... |
2017 |
| Cristal Harris |
Dark Innocence: Retraining Police with Mindfulness Practices to Aid in Squelching Implicit Bias |
51 University of San Francisco Law Review 103 (2017) |
I was suddenly woken to yells and screams. I shared a bunk bed with my cousin. I had not heard much except Leonard Brown! It ain't him! She ain't him! My eyes went ablaze searching around frantically. Dreams broken to reality. There were guns everywhere. Men like giants. Deadly black pieces of metal drawn, ready to shoot at whoever dared move... |
2017 |
| Sean Darling-Hammond |
Designed to Fail: Implicit Bias in Our Nation's Juvenile Courts |
21 U.C. Davis Journal of Juvenile Law & Policy 169 (Summer, 2017) |
Our nation's juvenile courts espouse the admirable mission of creating a fair court of empathy capable of helping youth that have erred take a more positive path and become productive citizens, regardless of their backgrounds. Yet juvenile court dispositions yield troubling racial disproportionalities, and the proceedings themselves seem riddled... |
2017 |
| Amelia M. Wirts |
Discriminatory Intent and Implicit Bias: Title Vii Liability for Unwitting Discrimination |
58 Boston College Law Review 809 (March, 2017) |
Abstract: Studies consistently show that African Americans face more employment scrutiny and negative employment actions than their white coworkers. Recognizing that much of the explicit racism of the twentieth century has given way to subtle and often unconscious discriminatory biases, this Note argues that current Title VII jurisprudence contains... |
2017 |
| Lisa Blomgren Amsler, Alexander B. Avtgis, M. Scott Jackman |
Dispute System Design and Bias in Dispute Resolution |
70 SMU Law Review 913 (Fall, 2017) |
This article examines the role of mediator race and gender in perceptions of procedural justice as measure of accountability and representative bureaucracy in a national mediation program for complaints of employment discrimination at a large federal organization, the United States Postal Service. Mediation represents a forum of accountability in... |
2017 |
| Jennifer K. Wagner |
Dna, Racial Disparities, and Biases in Criminal Justice: Searching for Solutions |
27 Albany Law Journal of Science and Technology 95 (2017) |
[W]e remain imprisoned by the past as long as we deny its influence in the present. ~Justice Brennan The human genome underlies the fundamental unity of all members of the human family, as well as the recognition of their inherent dignity and diversity. ~Universal Declaration on the Human Genome and Human Rights I. Maryland v. King. 99 Facts... |
2017 |
| Gilat J. Bachar , Deborah R. Hensler |
Does Alternative Dispute Resolution Facilitate Prejudice and Bias? We Still Don't Know |
70 SMU Law Review 817 (Fall, 2017) |
By the time Professor Richard Delgado and his colleagues wrote their seminal article on the risk of alternative dispute resolution (ADR) facilitating prejudice, ADR programs were well-established in the United States, supported by legislative and court mandates, private contracts, and U.S. Supreme Court decisions. Fairness and Formality: Minimizing... |
2017 |
| Maurice R. Dyson |
Excessive Force, Bias, and Criminal Justice Reform: Proposals for Congressional Action |
63 Loyola Law Review 27 (Spring, 2017) |
INTRODUCTION: A NATIONAL EPIDEMIC OF TARGETED HARASSMENT & KILLINGS. 27 1. A ROUTINE OCCURRENCE. 29 2. MYOPIC MENTALITY & DIVISIVE RHETORIC. 30 3. COUNTERARGUMENTS TO THE POPULAR RHETORIC. 33 4. EVEN WHEN THE OFFICER IS A MINORITY, IT IS STILL INSTITUTIONALLY ENFORCED RACIAL OPPRESSION. 34 5. BRAINWASHED & WHITE WASHED: SOCIETAL & MEDIA PERCEPTIONS... |
2017 |
| Carol Izumi |
Implicit Bias and Prejudice in Mediation |
70 SMU Law Review 681 (Summer, 2017) |
Mediators aspire and endeavor to meet their ethical duty of neutrality in mediation. Yet their ability to actually conduct mediations without bias, prejudice, or favoritism toward any party is extraordinarily difficult, if not impossible. Research shows that unconscious mental processes involving stereotypes and attitudes affect our judgments,... |
2017 |
| Annika L. Jones |
Implicit Bias as Social-framework Evidence in Employment Discrimination |
165 University of Pennsylvania Law Review 1221 (April, 2017) |
The role of implicit bias as evidence in employment discrimination claims continues to evolve, as does research attempting to explain and quantify the concept of implicit bias. In Walmart Stores, Inc. v. Dukes, the Supreme Court curbed plaintiffs' use of implicit bias as evidence in support of the commonality requirement of Rule 23. Post-Dukes,... |
2017 |
| Rakesh Beniwal |
Implicit Bias in Child Welfare: Overcoming Intent |
49 Connecticut Law Review 1021 (February, 2017) |
Albert Einstein said that [w]e can't solve problems by using the same kind of thinking we used when we created them. In spite of the wisdom of this quote, the field of child protection attempts to do just that--often couching seemingly new initiatives within old business methods and ways of thinking. The result is a system that disparately... |
2017 |
| Professor Keith B. Maddox , Professor Samuel R. Sommers |
Implicit Bias in Daily Perceptions and Legal Judgments |
50 University of Michigan Journal of Law Reform 723 (Spring, 2017) |
In today's demonstration, we explored the audience's positive and negative associations with blacks and whites. The demonstration is an adaptation of the Implicit Association Test (www.projectimplicit.net), a computer-based task designed to explore mental connections between various concepts. Participants were presented with a list of concepts... |
2017 |
| Asha Amin |
Implicit Bias in the Courtroom and the Need for Reform |
30 Georgetown Journal of Legal Ethics 575 (Fall, 2017) |
The judiciary serves an important role in our democratic society: it protects individuals and keeps the government from overreaching into one's rights. The impartiality of a judge is at the heart of this administration of justice. If the public does not believe that judges are fair and impartial, it will lose confidence in the courts, disregard... |
2017 |
| Ted A. Donner |
Implicit Bias in the Law: an Important Focus for 2017 |
29 DCBA Brief Brief 5 (January, 2017) |
During the fi rst Presidential Debate in the 2016 general election, Hillary Clinton mentioned implicit bias in answer to a question posed by moderator Lester Holt. Holt asked her, Secretary Clinton, last week, you said we've got to do everything possible to improve policing, to go right at implicit bias. Do you believe that police are implicitly... |
2017 |
| Camille A. Olson, Gina R. Merrill, Kaitlyn F. Whiteside, Needhy Shah |
Implicit Bias Theory in Employment Litigation |
63 No. 5 Practical Lawyer 37 (October 1, 2017) |
The term implicit bias is commonly used to refer to ingrained beliefs, whether positive or negative, about other individuals or groups that are triggered automatically. These beliefs are not conscious thoughts but rather represent reflexive reactions at the unconscious level. The developers of the theory, social psychologists Anthony Greenwald... |
2017 |
| |
Implicit Bias: a Concept Worth Consideration |
43-WTR Vermont Bar Journal B.J. 5 (Winter 2017) |
As we enter court hearings, discussions with clients, engagements with fellow attorneys and interact with legislators and other policy makers, we are regularly faced with the intersection of our laws and the behaviors of people in our society. The ideal point of intersection is not always clear, and we are frequently asked to consider real world... |
2017 |
| Caroline Turner |
Implicit or Unconscious Bias: How Do We Overcome It? |
19 No. 4 TortSource 1 (Summer, 2017) |
We generally put an adjective, like implicit or unconscious, in front of the word bias. Bias can be positive as well as negative, but the term generally brings to mind negative rather than positive thoughts about people and groups. No one wants to have outright bias! An adjective softens it. Or we use a less accusatory term. McKinsey &... |
2017 |
| L. Song Richardson |
Implicit Racial Bias and Racial Anxiety: Implications for Stops and Frisks |
15 Ohio State Journal of Criminal Law 73 (Fall, 2017) |
I. Introduction. 74 II. Implicit Racial Bias and Racial Anxiety. 75 A. Judgments of Suspicion: The Influence of Implicit Racial Bias. 75 1. Increased Scrutiny. 76 2. Biased Evaluations of Ambiguous Behaviors. 76 B. Interactions: The Influence of Racial Anxiety. 78 III. Implications for Policing and the Fourth Amendment. 81 A. Acting on Racial... |
2017 |
| Briggs Depew, Ozkan Eren, Naci Mocan, Utah State University, Louisiana State University, Louisiana State University |
Judges, Juveniles, and In-group Bias |
60 Journal of Law & Economics 209 (May, 2017) |
We investigate the existence of in-group bias (preferential treatment of one's own group) in court decisions. Using the universe of juvenile-court cases in a US state between 1996 and 2012 and exploiting random assignment of juvenile defendants to judges, we find evidence for negative racial in-group bias in judicial decisions. All else being... |
2017 |
| Justin D. Levinson , Mark W. Bennett , Koichi Hioki |
Judging Implicit Bias: a National Empirical Study of Judicial Stereotypes |
69 Florida Law Review 63 (January, 2017) |
American judges, and especially lifetime-appointed federal judges, are often revered as the pinnacle of objectivity, possessing a deep commitment to fairness, and driven to seek justice as they interpret federal laws and the U.S. Constitution. As these judges struggle with some of the great challenges of the modern legal world, empirical scholars... |
2017 |
| Sidney D. Watson |
Lessons from Ferguson and Beyond: Bias, Health, and Justice |
18 Minnesota Journal of Law, Science & Technology 111 (Winter, 2017) |
Introduction. 111 I. Racial Bias, Health, and Health Care. 115 II. Affordable Care Act: A Health Equity Agenda. 126 III. Section 1557 of the Affordable Care Act. 131 Conclusion. 141 |
2017 |
| Wendell Y. Tong |
Looking Within for Implicit Bias |
53-JUN Trial 27 (June, 2017) |
The civil justice system is strengthened toy diverse advocates-and it starts in attorneys' own practices. The path to achieving diversity in our practices requires proactive, deliberate efforts--which means reflecting on our implicit biases to overcome hurdles that we've unconsciously placed in the way. The diversity problem in the plaintiff bar is... |
2017 |
| Florina Altshiler |
Memory, Perception, and Confirmation Bias Unintentionally False Eyewitness Testimony |
12 No. 3 In-House Defense Quarterly 23 (Summer, 2017) |
on a crowded, midtown Manhattan street. NY Times Police Shoot Hammer-Wielding Man Sought in 4 Manhattan Attacks May 13, 2015. There were eyewitnesses to the incident. Almost all of the witness reports were incorrect. Several people inaccurately reported that the police officers shot an unarmed man while he was on the ground and handcuffed. The... |
2017 |
| Francis X. Shen |
Minority Mens Rea: Racial Bias and Criminal Mental States |
68 Hastings Law Journal 1007 (June, 2017) |
The American criminal justice system relies upon jurors to regularly decode the mental states of criminal defendants. These determinations are often of black and Hispanic defendants, making minority mens rea a centerpiece of the justice process. This Article presents an empirical investigation of how jury eligible subjects decode minority mens... |
2017 |
| Chris Chambers Goodman |
Nevertheless She Persisted: from Mrs. Bradwell to Annalise Keating, Gender Bias in the Courtroom |
24 William and Mary Journal of Women and the Law 167 (Fall, 2017) |
Introduction I. Background A. Bias, Stereotypes, and Schemas B. Stereotypes About Women Applied in the Law C. How the Media Evidences, Influences, and Exacerbates Gender Bias II. The Impacts of Gender Stereotypes and Bias in the Law A. Stereotypical Female Speech B. Do Looks Matter? C. The Role and Toll of Emotions III. Reducing the Impacts of... |
2017 |
| Ruth Leah Perrin |
Overcoming Biased Views of Gender and Victimhood in Custody Evaluations When Domestic Violence Is Alleged |
25 American University Journal of Gender, Social Policy and the Law 155 (2017) |
I. Introduction. 156 II. What Drives Custody Evaluators' Recommendations?. 156 A. Evaluators' Knowledge of Domestic Violence. 157 B. Evaluators' Beliefs About Domestic Violence and Custody. 160 1. Domestic Violence is Irrelevant to an Abuser's Ability to Parent.. 161 2. Allegations of Domestic Violence and Child Abuse Are Often False.. 162 3. The... |
2017 |
| Laurence F. Pulgram |
Owning up to My Bias . And Steps Toward Making Change |
43 No. 2 |
It happened to be Christmas Eve. At Toys-R-Us, I had successfully wrangled the last available Lego starship and headed for the checkout. All the lines were long. I checked out the customers waiting, and I checked out the cashiers. I went for lane 2 over lane 1. Five minutes later, when lane 2 had not budged, it hit me why I was standing in it: My... |
2017 |
| Jonathan Kahn |
Pills for Prejudice: Implicit Bias and Technical Fix for Racism |
43 American Journal of Law & Medicine 263 (2017) |
In the aftermath of World War II and the Holocaust, scientists and social scientists alike worked hard for decades to distance genetic research from its eugenic and racist past. From the United Nations Educational, Scientific and Cultural Organisation's (UNESCO) 1950 Statement on Race to President William Clinton's declaration upon the completion... |
2017 |
| |
Police in America: Ensuring Accountability and Mitigating Racial Bias |
11 Northwestern Journal of Law & Social Policy 354 (Fall, 2017) |
UNDERSTANDING AND OVERCOMING IMPLICIT BIAS held at Northwestern Pritzker School of Law, Thorne Auditorium, 375 East Chicago Avenue, Chicago, Illinois, on the 13 day of November, A.D. 2015. FEATURED SPEAKER: Professor Destiny Peery; Introduction by Professor Locke Bowman. PROFESSOR BOWMAN: Good morning and welcome, everyone. My name is Locke Bowman.... |
2017 |
| Shirin Afsous |
Proving Hate: the Difficulties of Successfully Prosecuting Bias-motivated Crimes |
22 Suffolk Journal of Trial and Appellate Advocacy 273 (2016-2017) |
I. Introduction. 273 II. Hate Crimes and the Constitution. 277 III. Hate Crime Legislation. 279 IV. Investigating Hate Crimes. 283 V. Prosecuting Hate Crimes. 286 A. The Prosecutor's Burden Of Proof. 287 B. Jury Selection. 290 VI. Conclusion. 291 |
2017 |
| Michael P. Fix , Gbemende E. Johnson |
Public Perceptions of Gender Bias in the Decisions of Female State Court Judges |
70 Vanderbilt Law Review 1845 (November, 2017) |
How are women on the bench, and their decisions, perceived by the public? Many scholars find that gender influences the voting behavior of judges and the assessment of judges by state judicial systems and the American Bar Association. However, few scholars have examined how judge gender affects the way in which the public responds to judicial... |
2017 |
| Sheryl J. Willert |
Race Power Privilege and Bias the Responsibility of Corporate America Post 2016 Presidential Elections |
12 No. 1 In-House Defense Quarterly 22 (Winter, 2017) |
The 2016 presidential campaigns and ultimate election of Donald Trump has caused a significant portion of the United States population to express dismay and concern about not only the potential that there is no way to have a semblance of unity in this country, but also the potential that all of those things that have been perceived as gains for... |
2017 |
| Sherri Lee Keene |
Raising Arguments about the Potential Influence of Implicit Racial Bias in Police Stops |
32-SUM Criminal Justice 35 (Summer, 2017) |
in the criminal courtroom, race can often feel like the elephant in the room. While racial bias can play a role in decision making at many points in the criminal process, discussions on this topic can be stifled. Yet, for a criminal defense attorney, the inability to discuss how race may have impacted a defendant's case can result in missed... |
2017 |
| Kaitlin Bigger, J.D. Candidate, 2018, American University Washington College of Law, B.A. Political Science, 2013, Appalachian State University |
Reducing Racial Bias in Capital Jury Selection by Eliminating Peremptory Challenges |
10 Modern American 66 (Spring, 2017) |
On May 23, 2016, the Supreme Court addressed an area of capital trials continuously prone to racial discrimination in its Foster v. Chatman decision. During voir dire, both parties are given peremptory challenges and challenges for cause. Challenging a juror for cause requires a specific reason for removing the juror, while peremptory challenges do... |
2017 |
| Justice Michael B. Hyman |
Reining in Implicit Bias |
105 Illinois Bar Journal 26 (July, 2017) |
Implicit bias poses a constant challenge to lawyers and judges. Nothing will eliminate it, but once we under and what it is and recognize it in ourselves we can reduce its influence our thinking and decision-making. WHILE WAITING AT A BUS STOP, YOU HEAR POLICE SIRENS GROWING LOUDER. Suddenly, an older model Ford sedan speeds past, followed by a... |
2017 |
| Lauren R. Roth , New York University School of Law |
Reproductive Selection Bias |
27 Health Matrix: Journal of Law-Medicine 263 (2017) |
Decades after the advent of assisted reproductive technology (ART) that allows prospective parents to deselect embryos with grave genetic illnesses--a procedure called preimplantation genetic diagnosis (PGD)--it remains a tool largely of upper-class whites. I argue that the time has come to focus on closing the access gap in this area of... |
2017 |