Robert F. Maslan, Jr. BIAS AND THE LOUDERMILL HEARING: DUE PROCESS OR LIP SERVICE TO FEDERAL LAW? 57 Fordham Law Review 1093 (May, 1989) In Cleveland Board of Education v. Loudermill, the Supreme Court held that a public employee who holds a constitutionally protected interest in his job must be granted a hearing before being terminated. This requirement protects the employee from erroneous discharge and is derived from the due process clauses of the fifth and fourteenth amendments... 2022
Veronika Fikfak , Daniel Peat , Eva van der Zee BIAS IN INTERNATIONAL LAW 23 German Law Journal 281 (April, 2022) (Received 03 March 2022; accepted 11 March 2022) This special issue looks at how cognitive bias matters to international law. We wish to shed light on the legal frames, labels, and cognitive biases that shape our understanding of international rules, the application of these rules, and outcomes of international adjudicatory processes. Adopting the... 2022
Rachel S. Fleischer BIAS IN, BIAS OUT: WHY LEGISLATION PLACING REQUIREMENTS ON THE PROCUREMENT OF COMMERCIALIZED FACIAL RECOGNITION TECHNOLOGY MUST BE PASSED TO PROTECT PEOPLE OF COLOR 50 Public Contract Law Journal 63 (Fall, 2020) Facial recognition technology is increasingly ever-present in today's society, shaping and redefining integral aspects of human life. While this ubiquitous technology was created to be objective and neutral in its application, it is not immune to discriminatory biases. These biases have led to a highly disturbing situation, where, while being used... 2022
Sandra Wachter , Brent Mittelstadt , Chris Russell BIAS PRESERVATION IN MACHINE LEARNING: THE LEGALITY OF FAIRNESS METRICS UNDER EU NON-DISCRIMINATION LAW 123 West Virginia Law Review 735 (Spring, 2021) Western societies are marked by diverse and extensive biases and inequality that are unavoidably embedded in the data used to train machine learning. Algorithms trained on biased data will, without intervention, produce biased outcomes and increase the inequality experienced by historically disadvantaged groups. Recognizing this problem, much work... 2022
Reema Sood BIASES BEHIND SEXUAL ASSAULT: A THIRTEENTH AMENDMENT SOLUTION TO UNDER-ENFORCEMENT OF THE RAPE OF BLACK WOMEN 18 University of Maryland Law Journal of Race, Religion, Gender and Class 405 (Fall, 2018) Devaluation of Black women's bodies derives from the long history of slavery in this country. The treatment of Black women, from slavery to the present, ties closely to the systemic tactics of oppression utilized by White slave owners after our country's founding. In removing autonomy and control over Black female slaves' bodies, slave owners... 2022
J. Mark Ramseyer BIASES THAT BLIND: PROFESSOR HYMAN AND THE UNIVERSITY 2014 University of Illinois Law Review 1229 (2014) This Essay is a response to Professor Hyman's piece, Why Did Law Professors Misunderestimate the Lawsuits Against PPACA. In this Essay, Ramseyer argues that the statements made by law professors about the constitutionality of the PPACA often reflected partisan loyalty more than thoughtful legal analysis. As the anthropologist remembered it, the... 2022
Cynthia M. Ho BIOSIMILAR BIAS: A BARRIER TO ADDRESSING AMERICAN DRUG COSTS 99 Denver Law Review 517 (Spring, 2022) Forty percent of spiraling drug costs in the United States stem from a mere 2% of all drugs--biologic drugs (biologics) made from living cells and administered by injection or infusion. Drug costs will continue to rise as new biologics are approved by the Food and Drug Administration. Biologies are expensive because they cannot be mass-produced,... 2022
Jules M. Epstein BRAIN SCIENCE AND BIAS 37-SUM Criminal Justice 59 (Summer, 2022) Do the photographs, paintings, or flags in a courthouse or jury deliberation room affect how a case is decided? That question led to the reversal of a criminal conviction in Tennessee, part of the ongoing discussion of race, racism, and implicit bias that continues in the criminal justice system. And that reversal was based in part on psychological... 2022
Robert Katz COMBATING ANTI-JEWISH BIAS THROUGH LAW 66-AUG Res Gestae 30 (July/August, 2022) As president of the IUPUI Jewish Faculty and Staff Council, I work to raise awareness about Jewish concerns on campus, including antisemitism. As an educator, I've carried this work into my classroom by discussing the legal dimensions of antisemitism alongside regular discussions of racism, sexism, and homophobia. This comes as a surprise to most... 2022
Tim O'Brien COMPOUNDING INJUSTICE: THE CASCADING EFFECT OF ALGORITHMIC BIAS IN RISK ASSESSMENTS 13 Georgetown Journal of Law & Modern Critical Race Perspectives 39 (Winter, 2021) The increasing pervasiveness of algorithmic tools in criminal justice has led to an increase in research, legal scholarship, and escalating scrutiny of automated approaches to consequential decisionmaking. A key element of examination in literature focuses on racial bias in algorithmic risk assessment tools and the correlation to higher likelihoods... 2022
Patrick Barry CONFIRMATION BIAS 106 Georgetown Law Journal Online 25 (2017) Supreme Court confirmation hearings are vapid. Supreme Court confirmation hearings are pointless. Supreme Court confirmation hearings are harmful to a citizenry already cynical about government. Sentiments like these have been around for decades and are bound to resurface each time a new nomination is made. This essay, however, takes a different... 2022
Josh Gupta-Kagan CONFRONTING INDETERMINACY AND BIAS IN CHILD PROTECTION LAW 33 Stanfor Law and Policy Review 217 (September, 2022) The child protection legal system faces strong and growing demands for change following at least two critiques. First, child protection law is substantively indeterminate; it does not precisely prescribe when state agencies can intervene in family life and what that intervention should entail, thus granting wide discretion to child protection... 2022
Shannah Colbert CONSTITUTIONAL LAW--DEVICE SEARCHES ABSENT REASONABLE SUSPICION ALLOW SECURITY INTERESTS TO OUTWEIGH PRIVACY CONCERNS AND AMPLIFY BIAS AT THE U.S. BORDER--ALASAAD v. MAYORKAS, 988 F.3D 8 (1ST CIR. 2021) 27 Suffolk Journal of Trial and Appellate Advocacy 295 (2021-2022) The Constitution of the United States sets forth fundamental principles that create a national government, divide its power, and protect individual liberties. Although the Fourth Amendment forbids unreasonable searches and seizures, some searches, such as those conducted at the United States border, are subject to exceptions. In Alasaad v.... 2022
Dr. Robin Broad , Professor, American University CORPORATE BIAS IN THE WORLD BANK GROUP'S INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES: A CASE STUDY OF A GLOBAL MINING CORPORATION SUING EL SALVADOR 36 University of Pennsylvania Journal of International Law 851 (Summer, 2015) 1. Introduction and Overview. 853 2. A Brief History of ICSID. 854 3. El Salvador & Gold Mining: From Local, to National, to Global. 857 3.1. At the local level. 858 3.2. At a national level. 860 3.3. At the global level and ICSID. 862 4. From Case Study to ICSID. 868 5. The Urgency for Change. 871 If you wanted to convince the public that... 2022
Tim Hirschel-Burns COUNTERING COMPLEXITY'S CORPORATE BIAS: TAX SIMPLIFICATION AS A STRATEGY TO REDUCE PROFIT SHIFTING IN THE AFRICAN EXTRACTIVE SECTOR 47 Yale Journal of International Law 165 (Winter, 2022) Introduction. 165 I. Profit Shifting. 168 A. Forms of Profit Shifting. 168 i. Debt Shifting. 169 ii. Transfer Pricing. 170 iii. Intangible Assets. 171 B. Focus on Profit Shifting, not Distinguishing Evasion and Avoidance. 172 C. The OECD's Base Erosion and Profit Shifting Project. 173 II. Extractives and Revenue Collection in Africa. 176 A. The... 2022
Matthew A. Gasperetti CRIME AND PUNISHMENT: AN EMPIRICAL STUDY OF THE EFFECTS OF RACIAL BIAS ON CAPITAL SENTENCING DECISIONS 76 University of Miami Law Review 525 (Winter, 2022) Racism has left an indelible stain on American history and remains a powerful social force that continues to shape crime and punishment in the contemporary United States. In this article, I discuss the socio-legal construction of race, explore how racism infected American culture, and trace the racist history of capital punishment from the Colonial... 2022
Joe Hillman DEPROGRAMMING BIAS: EXPANDING THE EXCLUSIONARY RULE TO PRETEXTUAL TRAFFIC STOP USING DATA FROM AUTONOMOUS VEHICLE AND DRIVE-ASSISTANCE TECHNOLOGY 55 University of Michigan Journal of Law Reform 959 (Summer, 2022) As autonomous vehicles become more commonplace and roads become safer, this new technology provides an opportunity for courts to reconsider the constitutional rationale of modern search and seizure law. The Supreme Court should allow drivers to use evidence of police officer conduct relative to their vehicle's technological capabilities to argue... 2022
L. Leona Frank DISCRIMINATION 2.0: BIAS AGAINST ASIAN AMERICANS INCREASING 66-AUG Res Gestae 18 (July/August, 2022) Asian-Americans are a marginalized population that are experiencing racism and xenophobia at increasingly alarming rates. Asian Americans are predominantly an immigrant group, with 59 percent being foreign-born, according to Pew Research Center. That rises to 73 percent when looking at adults. The racial breakdown of the United States in 2020 was... 2022
Elizabeth Bodamer DO I BELONG HERE? EXAMINING PERCEIVED EXPERIENCES OF BIAS, STEREOTYPE CONCERNS, AND SENSE OF BELONGING IN U.S. LAW SCHOOLS 69 Journal of Legal Education 455 (Winter, 2020) Before I completed my dissertation, I was a full-time law school student affairs professional. A part of my job was to counsel students, which meant that I had students coming to my office to talk about anything and everything related to or affecting their educational experiences. One day, a student--a woman of color--came in sobbing. She sat in my... 2022
Gregory Burrell , Chapter 13 Trustee, Minneapolis ELIMINATING IMPLICIT BIAS IN THE BANKRUPTCY PROCESS 41-NOV American Bankruptcy Institute Journal 28 (November, 2022) Over the years, there has been research conducted and countless articles written on how to eliminate implicit bias. Businesses recognize the value in pursuing efforts to create a more inclusive working environment through the elimination of implicit biases. The world is becoming more diverse every day, but the thinking that welcomes all individuals... 2022
Timothy A. Berger ENVIRONMENTAL LAW--BALANCING ENVIRONMENTAL AND ECONOMIC CONCERNS AND THE SUPREME COURT'S BIAS TOWARDS THE ECONOMY--ROBERTSON v. SEATTLE AUDUBON SOCIETY, 112 S.Ct. 1407 (1992). 12 Temple Environmental Law and Technology Journal 121 (Spring, 1993) The field of environmental law often incorporates a tension between environmental concerns and economic pressures. Legislatures usually respond to this tension by weighing the interests in preserving the environment against economic and developmental demands. This balancing may also involve the conflicting demands of various constituencies. For... 2022
Scott Devito, Kelsey Hample, Erin Lain EXAMINING THE BAR EXAM: AN EMPIRICAL ANALYSIS OF RACIAL BIAS IN THE UNIFORM BAR EXAMINATION 55 University of Michigan Journal of Law Reform 597 (Spring, 2022) The legal profession is among the least diverse in the United States. Given continuing issues of systemic racism, the central position that the justice system occupies in society, and the vital role that lawyers play in that system, it is incumbent upon legal professionals to identify and remedy the causes of this lack of diversity. This Article... 2022
  EXECUTIVE SUMMARY OF THE PRELIMINARY REPORT OF THE NINTH CIRCUIT TASK FORCE ON GENDER BIAS 45 Stanford Law Review 2153 (July, 1993) In August 1990, the Ninth Circuit Judicial Conference overwhelmingly endorsed a resolution calling for a study on gender bias in the federal courts of the Ninth Circuit. The Circuit called for a special study committee to conduct a comprehensive review of gender bias issues, including, but not limited to, courtroom interaction, judicial branch... 2022
Doron Teichman, Eyal Zamir EXPONENTIAL GROWTH BIAS AND THE LAW: WHY DO WE SAVE TOO LITTLE, BORROW TOO MUCH, AND FAIL TO REACT ON TIME TO DEADLY PANDEMICS AND CLIMATE CHANGE? 75 Vanderbilt Law Review 1345 (October, 2022) Many human decisions, ranging from the taking of loans with compound interest to fighting deadly pandemics, involve phenomena that entail exponential growth. Yet a wide and robust body of empirical studies demonstrates that people systematically underestimate exponential growth. This phenomenon, dubbed the exponential growth bias (EGB), has been... 2022
Omer Kimhi FALLING SHORT: ON IMPLICIT BIASES AND THE DISCRIMINATION OF SHORT INDIVIDUALS 52 Connecticut Law Review 719 (July, 2020) Socio-psychological research solidly shows that people hold implicit biases against short individuals. We associate a host of positive qualities to those with above average height, and we belittle those born a few inches short. These implicit biases, in turn, lead to outright discrimination. Experiments prove that employers prefer not to hire or... 2022
Kenneth D. Chestek FEAR AND LOATHING IN PERSUASIVE WRITING 14 Legal Communication & Rhetoric: JALWD 1 (Fall, 2017) People naturally prefer positive people to negative ones. They naturally respond better to those who are kind than those who are not. Logically, then, the ideal strategy for a candidate would be to make his or her campaign as positive and as cordial as possible. One might wish that the sentiment expressed above by a hopeful graduate student were... 2022
  FED STUDY OF FHA DEFAULT RATES FINDS NO MORTGAGE BIAS 14 Banking Policy Report 36 (February 6-20, 1995) A new Federal Reserve staff study challenges the view that lenders discriminate against black mortgage applicants by requiring them to meet higher loan standards than others. The Fed staff study, dated last November, but not released until late January, claims that if banks actually subjected blacks to more stringent loan standards, there would be... 2022
  Fed.R.Evid. 606(b): Actual Bias or Extraneous Information as Affecting Validity of Jury Verdict; Debunking "Presumption of Prejudice" 48 Criminal Law Bulletin 7 (2022) Professor of Law, University of Miami. 2022
Breean Walas, Shenoa Payne FIGHT BACK AGAINST BIAS AND FEAR 58-SEP Trial 34 (September, 2022) State lawmakers have made LGBTQ youth the latest target of discriminatory legislation, which puts vulnerable adolescents at more risk. Living as an LGBTQ person in America is not easy. It never has been. And the fight for equal treatment is not over. Despite progress in recent years through landmark U.S. Supreme Court rulings recognizing the rights... 2022
Raymond J. McKoski Giving up Appearances: Judicial Disqualification and the Apprehension of Bias 4 British Journal of American Legal Studies 35 (Spring, 2015) Judicial disqualification rules define the point at which a judge cannot be trusted to decide a case fairly. Because the disqualification of judges corrodes the presumption of impartiality and undercuts the sanctity of the judicial oath, recusals should be based on facts, not appearances. But both the British Commonwealth and the United States... 2022
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