Nancy Leong New Economy, Old Biases 100 Minnesota Law Review 2153 (May, 2016) Alan David Freeman's seminal article, Legitimizing Racial Discrimination Through Antidiscrimination Law: A Critical Review of Supreme Court Doctrine, provided a pathbreaking account of Supreme Court jurisprudence. The article laid bare a striking contradiction. The law promised racial equality, and indeed communicated that we had achieved such... 2016
Jason P. Nance Over-disciplining Students, Racial Bias, and the School-to-prison Pipeline 50 University of Richmond Law Review 1063 (March, 2016) Over the last three decades, our nation has witnessed a dramatic change regarding how schools discipline children for disruptive behavior. Empirical evidence during this time period demonstrates that schools increasingly have relied on extreme forms of punishment such as suspensions, expulsions, referrals to law enforcement, and school-based... 2016
Liku T. Madoshi Policing the Police: Implicit Racial Bias & the Necessity of Limiting Police Discretion to Use Militarized Gear Against Civilian Protesters 44 Southern University Law Review 118 (Fall, 2016) A militarized police force cannot be fully effective. Because police are civilian members of a community, their success depends upon the trust and cooperation of that community. The pervasive use of tactics that are overly aggressive and militarized tend to exacerbate any tensions that may already exist. At the intersection of Trust Avenue and... 2016
Cynthia Lee Race, Policing, and Lethal Force: Remedying Shooter Bias with Martial Arts Training 79 Law and Contemporary Problems 145 (2016) On November 24, 2015, the city of Chicago released dashboard camera video footage of the shooting of a seventeen-year-old Black male teenager named Laquan McDonald by Jason Van Dyke, a police officer with the Chicago Police Department. The video shows McDonald strolling down the street, holding a knife in his right hand by his side. McDonald does... 2016
Tracey C. Hinson Racial Bias and the Criminal Justice System Deadly Injustice: Trayvon Martin, Race, and the Criminal Justice System Edited by Devon Johnson, Patricia Y. Warren & Amy Farrell Nyu Press 354 Pp., $28 52-SEP Trial 58 (September, 2016) Deadly Injustice is an in-depth look at racial injustice and its role in the killing of unarmed, African-American teenager Trayvon Martin and the acquittal of George Zimmerman, the man who shot him--a case that sparked outrage and ignited a discussion about race, violence, and the legal system in the United States. Edited by Devon Johnson, Patricia... 2016
William Y. Chin Racial Cumulative Disadvantage: the Cumulative Effects of Racial Bias at Multiple Decision Points in the Criminal Justice System 6 Wake Forest Journal of Law and Policy 441 (June, 2016) Everything is connected. In the criminal justice system, racial bias at individual stages connects to create cumulative disadvantage for defendants of color. Cumulative disadvantage occurs when prior negative events (e.g., pretrial detention) increase the likelihood of later negative events (e.g., imprisonment). Racial bias is not sequestered... 2016
Amy J. Coco Should Ethics Codes Include Prohibitions on Biased Conduct in the Practice of Law? 18 No. 1 Lawyers Journal 10 (January 8, 2016) At a time when headlines are focusing on lawyers and judges who are accused of engaging in discriminatory communications and comments, members of diversity-focused bar groups report that it's not unusual for their discussions to be replete with stories of lawyer comments that may be construed as biased. Anecdotal evidence of those types of comments... 2016
Kathleen Nalty , © Kathleen Nalty Consulting LLC Strategies for Confronting Unconscious Bias 45-MAY Colorado Lawyer 45 (May, 2016) 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 Jose, you will get more callbacks if you change it to Joe. And if you're named Emily or Greg, you will receive 50% more callbacks for job... 2016
Danielle De Smeth, Prudence Hutton, Kelly Robbins The Brock Turner Sentencing and the Face of Bias 58-OCT Orange County Lawyer 54 (October, 2016) In the wake of Brock Turner's sentencing, a group that advocates for women's issues--California Women Lawyers--has written an open letter to the Chief Justice of the California Supreme Court and Judicial Council requesting implementation of implicit bias training for all sitting judges in California regarding sexual assault, domestic violence, and... 2016
Kevin Zhao The Choice Between Right and Easy: Pena-rodriguez V. Colorado and the Necessity of a Racial Bias Exception to Rule 606(b) 12 Duke Journal of Constitutional Law & Public Policy Sidebar 33 (November 29, 2016) In 1944, George Stinney Jr., a fourteen-year-old black boy, was tried for the murders of two young, white girls. His trial lasted just one day, and the all-white jury deliberated for just ten minutes before finding him guilty and sentencing him to death. Less than three months later, Stinney was executed by electrocution at the age of fourteen.... 2016
Ashley Lattal The Hidden World of Unconscious Bias and its Impact on the "Neutral" Workplace Investigator 24 Journal of Law & Policy 411 (2016) Workplace investigations into complaints of harassment, discrimination, and other allegations of workplace misconduct have become a critical method for employers to establish that they have complied with certain obligations to provide a discrimination-free workplace. As a result, the fairness and effectiveness of the workplace investigation process... 2016
Laura Smalarz, Stephanie Madon, Yueran Yang, Max Guyll, Sarah Buck , Williams College, Iowa State University, Southern Illinois University Carbondale The Perfect Match: Do Criminal Stereotypes Bias Forensic Evidence Analysis? 40 Law and Human Behavior 420 (August, 2016) This research provided the first empirical test of the hypothesis that stereotypes bias evaluations of forensic evidence. A pilot study (N = 107) assessed the content and consensus of 20 criminal stereotypes by identifying perpetrator characteristics (e.g., sex, race, age, religion) that are stereotypically associated with specific crimes. In the... 2016
Demetria D. Frank The Proof Is in the Prejudice: Implicit Racial Bias, Uncharged Act Evidence & the Colorblind Courtroom 32 Harvard Journal on Racial & Ethnic Justice Just. 1 (Spring, 2016) Recent public exposés of excessive and unreasonable fear of young Black men in the United States, coupled with the reality that American prisons are filled disproportionately with Black men, has forced many lawmakers to examine a very painful truth--justice is certainly not colorblind. This is no new revelation, however. Nearly two decades ago,... 2016
Hon. Kenneth V. Desmond, Jr. The Road to Race and Implicit Bias Eradication 60-SUM Boston Bar Journal B.J. 3 (Summer, 2016) Throughout the past several decades, State and Federal appellate courts have candidly acknowledged the implicit biases of litigants and jurors. Although social science research has found that judges are just as susceptible to unconscious bias as the rest of the population, the paucity of case law acknowledging judicial bias underscores the need for... 2016
Victor D. Quintanilla , Cheryl R. Kaiser The Same-actor Inference of Nondiscrimination: Moral Credentialing and the Psychological and Legal Licensing of Bias 104 California Law Review 1 (February, 2016) One of the most egregious examples of the tension between federal employment discrimination law and psychological science is the federal common law doctrine known as the same-actor inference. When originally elaborated by the Fourth Circuit in Proud v. Stone, the same-actor doctrine applied only when an employee was hired and fired by the same... 2016
Natalie Salmanowitz Unconventional Methods for a Traditional Setting: the Use of Virtual Reality to Reduce Implicit Racial Bias in the Courtroom 15 University of New Hampshire Law Review 117 (November, 2016) The presumption of innocence and the right to a fair trial lie at the core of the United States justice system. While existing rules and practices serve to uphold these principles, the administration of justice is significantly compromised by a covert but influential factor: namely, implicit racial biases. These biases can lead to automatic... 2016
Aileen Oeberst, Ingke Goeckenjan , Leibniz-Institut für Wissensmedien, Ruhr-Universität Bochum When Being Wise after the Event Results in Injustice: Evidence for Hindsight Bias in Judges' Negligence Assessments 22 Psychology, Public Policy, and Law 271 (August, 2016) Research on hindsight bias has demonstrated that people perceive and evaluate events differently once they know about their outcome. One facet of hindsight bias is that people often perceive past events as more foreseeable than they do without outcome knowledge. This finding is of great importance in the legal context. Specifically, negligence... 2016
Lewis R. Katz Whren at Twenty: Systemic Racial Bias and the Criminal Justice System 66 Case Western Reserve Law Review 923 (Summer, 2016) Street relations between the police and African-American communities have seemingly reached new levels of conflict, or else body cams and cell phones are finally disclosing the extent and truth about such interactions. The Cleveland officers who shot and killed Tamir Rice claimed that they had ordered him three times to drop the realistic toy gun... 2016
William M. Carter, Jr. Whren's Flawed Assumptions Regarding Race, History, and Unconscious Bias 66 Case Western Reserve Law Review 947 (Summer, 2016) My heartfelt thanks to CWRU Law School and the Law Review for having me here. I am an alumnus of CWRU Law, a former faculty member here from 2001-07, and a native Clevelander, so it's always nice to be back home. This symposium marks the 20th anniversary of Whren, which happens to coincide with the 20th anniversary of my first year of law school... 2016
Maria Greco-Danaher With a Lack of Policy and Staff Training, Employers Could Face Liability for a Nonemployee's Racial Bias 18 No. 11 Lawyers Journal 7 (May 27, 2016) Most - if not all - employers are aware that both federal and state laws preclude employment discrimination based upon the race or national origin of an employee, and know that illegal activity can include both discriminatory actions and biased statements. Most employers, however, are unaware that certain of those laws preclude discrimination by a... 2016
Meera E. Deo A Better Tenure Battle: Fighting Bias in Teaching Evaluations 31 Columbia Journal of Gender and Law L. 7 (2015) As legal education undergoes significant changes with regard to both student enrollment and faculty hiring, the fight to keep law faculty tenure is at the forefront. But the focus on tenure should be about the standards themselves. A better approach would be to change tenure requirements to create a more just and inclusive set of standards and... 2015
Cynthia Lee A New Approach to Voir Dire on Racial Bias 5 UC Irvine Law Review 843 (November, 2015) Introduction. 843 I. Voir Dire. 847 A. The Process of Voir Dire. 848 B. The Supreme Court's Jurisprudence on Voir Dire into Racial Bias. 852 II. Social Science Research on Race Salience. 860 A. Implicit Bias. 860 B. Race Salience. 861 III. Social Science Research on Racial Perceptions of Crime and Support for Punitive Criminal Justice Policies. 863... 2015
E. Gary Spitko A Reform Agenda Premised upon the Reciprocal Relationship Between Anti-lgbt Bias in Role Model Occupations and the Bullying of Lgbt Youth 48 Connecticut Law Review 71 (November, 2015) Employment discrimination in role model occupations on the basis of LGBT status has long been used systematically to define negatively the LGBT identity and to reinforce the associations between the non-LGBT majority and certain positive qualities, values, and institutions. This Article argues that a reciprocal relationship exists between such... 2015
Sabreena El-Amin Addressing Implicit Bias Employment Discrimination: Is Litigation Enough? 2015 Harvard Journal on Racial and Ethnic Justice Online 1 (2015) After the election of America's first Black president, many commentators--of all races--began to exclaim that Black people have no more excuses for failure. For these commentators, this historical moment seemed to symbolize that all obstacles had been lifted and that persisting racial disparities had to be the result of agency issues within the... 2015
Bryan Scott Ryan Alleviating Own-race Bias in Cross-racial Identifications 8 Washington University Jurisprudence Review 115 (2015) Over the past 80 years, courts, social scientists, and legal scholars have come to agree that eyewitness testimony is largely unreliable due to a variety of confounding factors. One prominent factor that makes eyewitness testimony faulty is own-race bias; individuals are generally better at recognizing members of their own race and tend to be... 2015
Arusha Gordon , Ezra D. Rosenberg Barriers to the Ballot Box: Implicit Bias and Voting Rights in the 21st Century 21 Michigan Journal of Race and Law 23 (Fall, 2015) While much has been written regarding unconscious or implicit bias in other areas of law, there is a scarcity of scholarship examining how implicit bias impacts voting rights and how advocates can move courts to recognize evidence of implicit bias within the context of a voting rights claim. This Article aims to address that scarcity. After... 2015
Stephanie Francis Ward Battling Bias 101-DEC ABA Journal 15 (December, 2015) A recent U.S. Supreme Court opinion that addressed unconscious discrimination in a low-income housing case could have far-reaching effects on future civil rights and criminal cases involving implicit bias. The June 2015 opinion dealt with a claim against the Texas Department of Housing and Community Affairs. It alleged that the department... 2015
Sarah Anne Mourer Believe it or Not: Mitigating the Negative Effects Personal Belief and Bias Have on the Criminal Justice System 43 Hofstra Law Review 1087 (Summer, 2015) I know that most men, including those at ease with problems of the greatest complexity, can seldom accept even the simplest and most obvious truth if it be such as would oblige them to admit the falsity of conclusions which they have delighted in explaining to colleagues, which they have proudly taught to others, and which they have woven, thread... 2015
George C. Chen Beneath the Surface: Why Diversity and Inclusion Matter for Lawyers of Color, and What Lawyers Can Do to Address Implicit Bias in the Legal Profession 62-JUN Federal Lawyer 28 (June, 2015) It would not be surprising to hear that an Asian Pacific-American attorney was mistaken to be a translator or paralegal when she walked into a boardroom to lead complex negotiations on behalf of her client. Similarly, African-American and Hispanic lawyers are far too often assumed to be defendants when they enter courtrooms to defend their clients... 2015
Robert R. Kuehn Bias in Environmental Agency Decision Making 45 Environmental Law 957 (Fall, 2015) Allegations of bias in administrative environmental decisions are common and seemingly increasing because of the significant economic and political interests in many disputes. From high profile national oil spills to local land use matters, parties to environmental proceedings allege conflicts of interest, favoritism, prejudgment of outcomes,... 2015
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