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
Ann Ching, Lisa M. Panahi Rooting out Bias in the Legal Profession 53-JAN Arizona Attorney 34 (January, 2017) YOU are mentoring a recent law school graduate who works as an associate at a Phoenix law firm. On Monday morning, he calls you to seek your confidential advice. Over the weekend, the associate attended a firm-sponsored dinner party for new associates, along with several other associates and partners from the firm. During dinner, one of the... 2017
Shun-Ling Chen Sampling as a Secondary Orality Practice and Copyright's Technological Biases 17 Journal of High Technology Law 206 (2017) L1-2Table of Contents I. Introduction. 208 II. The Exclusion and Inclusion of Sound Reproduction in US Copyright Law. 213 A. Copyright, and the Technologization of Word. 213 B. Mechanical Reproduction and the Technologizing of the Sound. 215 C. Sound Recording as Writing? Copyright's Technological Biases. 222 III. Sampling, Secondary Orality and... 2017
  Sixth Amendment--no-impeachment Rule--racially Biased Statements in Jury Deliberations--peña-rodriguez V. Colorado 131 Harvard Law Review 273 (November, 2017) The jury is a semi-sacred institution in the American legal system. The Sixth Amendment guarantees criminal defendants the right to trial, by an impartial jury, and Rule 606(b) of the Federal Rules of Evidence forecloses certain inquiries into the validity of jury verdicts by forbidding jurors from testifying about any statement made or incident... 2017
Carrie Leonetti Smoking Guns: the Supreme Court's Willingness to Lower Procedural Barriers to Merits Review in Cases Involving Egregious Racial Bias in the Criminal Justice System 101 Marquette Law Review 205 (Fall, 2017) The systematic foreclosure of federal-court review of even the most meritorious federal constitutional challenges of state criminal convictions has made review on the merits of an inmate's claim that a state court violated the U.S. Constitution in adjudicating a criminal case exceedingly rare. Nonetheless, over the past two terms, the Supreme Court... 2017
Kathleen Nalty Strategies for Confronting Unconscious Bias 64-FEB Federal Lawyer 26 (January/February, 2017) So--what's in a name? Apparently, a lot. If you are named John, you will have a significant advantage over Jennifer when applying for a position, even if you both have the exact same credentials. If your name is José, you will get more callbacks if you change it to Joe. And if you're named Emily or Greg, you will receive 50 percent more callbacks... 2017
Jason P. Nance Student Surveillance, Racial Inequalities, and Implicit Racial Bias 66 Emory Law Journal 765 (2017) In the wake of high-profile incidents of school violence, school officials have increased their reliance on a host of surveillance measures to maintain order and control in their schools. Paradoxically, such practices can foster hostile environments that may lead to even more disorder and dysfunction. These practices may also contribute to the... 2017
Justin D. Levinson, Robert J. Smith Systemic Implicit Bias 126 Yale Law Journal Forum 406 (January 31, 2017) Legal discourse on implicit bias has changed the way scholars and citizens think about race in the justice system. Ever-growing scholarship, much of it empirical, has identified, confronted, and sought to address how implicit bias operates in nearly every criminal justice context--especially in policing, prosecuting, judging, and juror... 2017
L. Song Richardson Systemic Triage: Implicit Racial Bias in the Criminal Courtroom Crook County: Racism and Injustice in America's Largest Criminal Court by Nicole Van Cleve Stanford University Press, April 2016 126 Yale Law Journal 862 (January, 2017) L1-2BOOK REVIEW CONTENTS INTRODUCTION 864 I. RACISM IN PRACTICE 867 A. Policing Racial Boundaries 868 B. Culture and the Race-Blind Code 869 C. Limitations 873 II. SYSTEMIC TRIAGE AND ITS RACIALIZED CONSEQUENCES 875 A. Implicit Racial Bias 875 B. Systemic Triage 877 C. Implicit Bias Under Conditions of Systemic Triage 881 III. RECOMMENDED REMEDIES... 2017
Mark W. Bennett The Implicit Racial Bias in Sentencing: the next Frontier 126 Yale Law Journal Forum 391 (January 31, 2017) A prominent life scientist recently declared that the Higgs boson particle, the Internet, and implicit bias are the three most important discoveries of the past half-century. In President Obama's commencement address at Howard University last year, Obama stated: And we knew . that even the good cops with the best of intentions--including, by the... 2017
Amanda L. B. Wineman The Invasion of Racial Bias into Jury Deliberations: Examining Pena-rodriguez V. Colorado 41 American Journal of Trial Advocacy 211 (Summer, 2017) The one place where a man ought to get a square deal is in a courtroom, be he any color of the rainbow, but people have a way of carrying their resentments right into the jury box. ~Harper Lee, To Kill A Mockingbird A defendant's right to an impartial jury is derived from the Constitution, which states: In all criminal prosecutions, the accused... 2017
Terrence W. McCarthy , Callie D. Brister The Newly-created Racial Bias Exception to the General Rule That Precludes Jurors from Offering Testimony to Impeach Their Own Verdict 78 Alabama Lawyer 284 (July, 2017) The no-impeachment rule generally provides that a juror may not testify about statements made during jury deliberations if offered to challenge the validity of a verdict or indictment. This longstanding rule has roots dating back to English common law, and is codified in Rule 606(b) of both the Federal Rules of Evidence and Alabama Rules of... 2017
Jillian K. Swencionis, Phillip Atiba Goff , Center for Policing Equity and John Jay College of Criminal Justice The Psychological Science of Racial Bias and Policing 23 Psychology, Public Policy, and Law 398 (November, 2017) What can the social psychology of racial bias teach us about the potential for racial bias in policing? Because social psychological research is mostly laboratory based and rarely includes police officers, direct generalizability is limited. However, social psychology has identified robust risk factors that make individuals more likely to engage in... 2017
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