Rachel D. Godsil , James S. Freeman Race, Ethnicity, and Place Identity: Implicit Bias and Competing Belief Systems 37 University of Hawaii Law Review 313 (Spring, 2015) The concept of wahi pana merges the importance of place with that of the spiritual .. [T]his value links [Hawaiians to our past and our] future. Edward L. H. Kanahele You are where you came from. There are no disembodied selves. There are only humans embedded in practices, places, and cultures. Adrian McKinty We are constituted in significant part... 2015
Robert J. Smith Reducing Racially Disparate Policing Outcomes: Is Implicit Bias Training the Answer? 37 University of Hawaii Law Review 295 (Spring, 2015) While public defenders, civil rights organizations, and academics have long championed the reduction of racially disparate policing outcomes, their chorus has added some transformational actors recently. Attorney General Eric Holder, for instance, has called for rigorous new standards to help end racial profiling. The police chief of Richmond,... 2015
Melinda A. Marbes Reshaping Recusal Procedures: Eliminating Decisionmaker Bias and Promoting Public Confidence 49 Valparaiso University Law Review 807 (Spring, 2015) I. Introduction. 809 II. Partiality Problems. 811 A. Financial or Other Personal Interests in the Case. 812 B. Relational Interests in the Case. 814 C. Political Interests in the Case. 816 D. Personal Bias for or Against a Party or Participant. 817 E. A Common Thread in Partiality Problems. 819 III. Current Substantive Standards and Procedural... 2015
Maurice R. Dyson Still Using the Wrong Yardstick: Measuring Quality by the Proxies of Bias, Conformity, and Rumor 31 Columbia Journal of Gender and Law 154 (2015) It is well overdue to confront the three main ill-advised measurements that perpetuate persistent discrimination in legal academia: bias, conformity, and rumor. When proxies for quality are measured by benchmarks of innuendo, it does a disservice to the legal academy, the individual faculty, the student body, and the legal profession that is shaped... 2015
Sarah Jane Forman The #Ferguson Effect: Opening the Pandora's Box of Implicit Racial Bias in Jury Selection 109 Northwestern University Law Review Online 171 (February 23, 2015) It is a warm autumn night in St. Louis. The Cardinals are celebrating a 2-1 victory over the Los Angeles Dodgers in game four of the National League Championship Series. The bitter racial divisions that have erupted in this city following the shooting of unarmed teenager Michael Brown momentarily dissolve into a sea of red and white as fans dressed... 2015
Erik J. Girvan , Grace Deason , Eugene Borgida , University of Oregon, University of Wisconsin-La Crosse, University of Minnesota The Generalizability of Gender Bias: Testing the Effects of Contextual, Explicit, and Implicit Sexism on Labor Arbitration Decisions 39 Law and Human Behavior 525 (October, 2015) Decades of social-psychological research show that gender bias can result from features of the social context and from individual-level psychological predispositions. Do these sources of bias impact legal decisions, which are frequently made by people subject to factors that have been proposed to reduce bias (training and accountability)? To answer... 2015
Holly N. Boyer The Measure of Misconduct 38-NOV Los Angeles Lawyer 21 (November, 2015) JURORS, like all human beings, are imperfect. While the jury system may be imperfect, courts have long protected a litigant's constitutional right to a jury trial with 12 randomly selected impartial jurors capable and willing to decide the case solely on the evidence before it. Jurors are instructed only to consider the evidence presented to... 2015
Dayna Bowen Matthew Toward a Structural Theory of Implicit Racial and Ethnic Bias in Health Care 25 Health Matrix: Journal of Law-Medicine 61 (2015) C1-2Contents Introduction. 61 I. Background. 64 II. The Social Science Record on Implicit Bias in Health Care. 66 III. The Shortcomings of the Symbolic Interactionism Perspective. 73 IV. Toward a New Paradigm. 81 Conclusion. 84 2015
Jacob J. Key Walking the Fine Line of Admissibility: Should Statements of Racial Bias Fall under an Exception to Federal Rule of Evidence 606(b)? 39 American Journal of Trial Advocacy 131 (Summer 2015) In To Kill a Mockingbird, Atticus Finch summarized the importance of juries: A court is only as sound as its jury, and a jury is only as sound as the men who make it up. Dating back to 1875, the United States Supreme Court began striking down statutes excluding African Americans from jury service. Although measures have been taken to minimize... 2015
Ronald Wheeler We All Do It: Unconscious Behavior, Bias, and Diversity 107 Law Library Journal 325 (Spring, 2015) Mr. Wheeler suggests that many of our behaviors, in the workplace and elsewhere, are motivated by unconscious triggers and emotions, including racial biases. These behaviors, however, can be prevented by making conscious choices that enhance diversity. ¶1 The academic literature on diversity in librarianship and in the legal professions tends to... 2015
Ellen Marrus , Nadia N. Seeratan What's Race Got to Do with It? Just about Everything: Challenging Implicit Bias to Reduce Minority Youth Incarceration in America 8 John Marshall Law Journal 437 (Spring, 2015) Introduction. 439 I. Disproportionate Minority Representation in the Criminal and Juvenile Justice System. 442 II. The Federal Role in Addressing Disproportionate Minority Contact in the Juvenile Justice System. 448 A. Disproportionality at Each OJJDP Decision Point. 454 1. Decision Point: Arrest. 455 2. Decision Points: Referral to Court,... 2015
John Pyun When Neurogenetics Hurts: Examining the Use of Neuroscience and Genetic Evidence in Sentencing Decisions Through Implicit Bias 103 California Law Review 1019 (August, 2015) Courts increasingly use neuroscience and genetic evidence (neurogenetic evidence) to shed light on various aspects of a defendant's mental state and behavior. The evidence is particularly prevalent in cases involving defendants with mental illnesses and is used to determine issues of mental capacity, personal responsibility, and treatability.... 2015
Judge Dana Leigh Marks Who, Me? Am I Guilty of Implicit Bias? 54 No. 4 Judges' Journal 20 (Fall, 2015) As I observe his testimony, I notice the witness is not looking me in the eye, making me begin to suspect that I am not being told the truth. I note my concern while the testimony continues. As his story comes out in a confusing jumble, with bits and pieces that are not firmly grounded in a chronological timeline, I am again plagued by doubts about... 2015
Rees Alexander A Model State Racial Justice Act: Fighting Racial Bias Without Killing the Death Penalty 24 George Mason University Civil Rights Law Journal 113 (Spring 2014) Although most Americans report that they are comfortable with the death penalty, presumably they do not support a death sentencing system in which the color of a defendant's skin significantly influences whether a defendant is sentenced to die. Yet, throughout most of the country, courts limit how defendants facing death sentences (capital... 2014
Rachel D. Godsil Answering the Diversity Mandate 286-FEB New Jersey Lawyer, the Magazine 44 (February, 2014) A law firm partner is working for the first time with a young black associate. The partner is cognizant that this associate is the only African American, and one of just a handful of women, among the first-year associates-- and also aware of the dearth of people of color among senior associates and partners. The young associate is assigned her... 2014
Jordan M. Singer Attorney Surveys of Judicial Performance Impressionistic, Imperfect, Indispensable 98 Judicature 20 (July-August 2014) Attorney surveys are the most common features of judicial performance evaluation (JPE) programs across the country. From the formal, state-endorsed evaluation programs used in approximately 20 jurisdictions to the informal bar polls used in more than a dozen others, discerning what attorneys think about the judges before whom they appear lies at... 2014
Sahar Fathi Bias Crime Reporting: Creating a Stronger Model for Immigrant and Refugee Populations 49 Gonzaga Law Review 249 (2013-2014) I. Introduction. 249 A. Definitions. 251 B. Statutory Authority. 252 II. So Many Laws, So Little Reporting: The Case of Washington State. 253 III. The Legalization of Ethnic Identity in the United States. 255 IV. Giving Immigrants a Voice Around the Country. 258 V. Reporting and Inclusion: The Seattle Model. 260 Immigrants and anti-immigrant... 2014
Richard Thompson Ford Bias in the Air: Rethinking Employment Discrimination Law 66 Stanford Law Review 1381 (June, 2014) Employment discrimination jurisprudence assumes that key concepts such as discrimination, intent, causation, and the various prohibited grounds of discrimination refer to discrete and objectively verifiable phenomena or facts. I argue that all of these concepts are not just poorly or ambiguously defined; most are not capable of precise... 2014
M. Mark Heekin , Bruce W. Burton Bias in the College Football Playoff Selection Process: If the Devil Is in the Details, That's Where Salvation May Be Found 24 Marquette Sports Law Review 335 (Spring 2014) In all of sports, at least in the United States, at every level, whether it's professional or amateur, there is some sort of a merit-based, competition-based, winner-take-all playoff or meet except in the Football Bowl Subdivision. Joe Barton, U.S. Representative (R-TX), as he introduced the College Football Playoff Act of 2009 to the US House of... 2014
Heather Antecol, Deborah A. Cobb-Clark, Eric Helland Bias in the Legal Profession: Self-assessed Versus Statistical Measures of Discrimination 43 Journal of Legal Studies 323 (June, 2014) abstract Legal cases are won or lost on the basis of statistical discrimination measures, but workers' perceptions of discriminatory behavior are important for understanding labor supply decisions. Workers who believe that they have been discriminated against are more likely to leave their employers, and workers' perceptions of discrimination... 2014
John Tyler Clemons Blind Injustice: the Supreme Court, Implicit Racial Bias, and the Racial Disparity in the Criminal Justice System 51 American Criminal Law Review 689 (Summer, 2014) The way to stop discrimination on the basis of race is to stop discriminating on the basis of race. This statement by Chief Justice John Roberts in 2007 is alluring in both its grammatical symmetry and its logical simplicity. Yet it encapsulates the naiveté of the view of racial discrimination currently held by the majority of the justices of the... 2014
Diane S. King Chapter Introduction: Bias in Litigation and among the Judiciary 91 Denver University Law Review 803 (2014) Whereas our justice system has long acknowledged our faith in juries as a bedrock of our judicial system, due to the value of the combined wisdom of people with different backgrounds and beliefs, this concept is not applied when it comes to judges. Why not? Why do we assume that judges do not, or should not, bring their experiences to bear on their... 2014
Leland Ware Color-blind Racism in France: Bias Against Ethnic Minority Immigrants 46 Washington University Journal of Law & Policy 185 (2014) Immigration from former colonies in North and sub-Saharan Africa has had a significant effect on France's demographic composition. That nation now has the largest Muslim population in Europe and conflicts involving ethnic minority populations have increased dramatically. In 2004, the French parliament adopted a law prohibiting female students from... 2014
Mark W. Bennett Confronting Cognitive "Anchoring Effect" and "Blind Spot" Biases in Federal Sentencing: a Modest Solution for Reforming a Fundamental Flaw 104 Journal of Criminal Law and Criminology 489 (Summer 2014) Cognitive anchoring effect bias, especially related to numbers, like sentencing guidelines ranges, is widely recognized in cognitive psychology as an extremely robust and powerful heuristic. It is a cognitive shortcut that has a strong tendency to undermine judgments by anchoring a judgment to an earlier disclosed number, the anchor. Numerous... 2014
Evan M. McGuire Consensual Police-citizen Encounters: Human Factors of a Reasonable Person and Individual Bias 16 Scholar: St. Mary's Law Review on Race and Social Justice 693 (2014) I. Introduction. 694 II. The Fourth Amendment: Levels of Police-Citizen Interactions. 696 A. Traditional Arrest. 696 B. Exigent Circumstances. 699 C. Terry stops and the Creation of the Police-Citizen Encounter. 700 III. Foundations of the Consensual Police-Citizen Encounter. 705 A. Conceptual Discrepancies. 706 IV. Societal and Cultural Biases... 2014
David Elkanich, Bonnie Richardson Considering Bias in Our Profession 75-OCT Oregon State Bar Bulletin 34 (October, 2014) Most lawyers would agree that intimidation and harassment based on a protected class have no place in the practice of law. It is hard for some of us to even imagine that a lawyer or any professional would engage in such behavior. But unfortunately some lawyers do behave badly; and when they engage in such conduct, should the conduct be subjected to... 2014
Darren Lenard Hutchinson Continually Reminded of Their Inferior Position: Social Dominance, Implicit Bias, Criminality, and Race 46 Washington University Journal of Law & Policy 23 (2014) The intersection of race and criminal law and enforcement has recently received considerable attention in US media, academic, and public policy discussions. Media outlets, for example, have extensively covered a series of incidents involving the killing of unarmed black males by law enforcement and private citizens. These cases include the killing... 2014
Nejat Anbarci , Jungmin Lee Detecting Racial Bias in Speed Discounting: Evidence from Speeding Tickets in Boston 38 International Review of Law & Economics 11 (June, 2014) Article history: Received 17 September 2013 Received in revised form 28 January 2014 Accepted 3 February 2014 Available online 12 February 2014 JEL classification: J70 K42 Keywords: Police discretion Racial bias Speeding tickets Speed discounting We focus on a particular kind of discretionary behavior on the part of traffic officers when issuing... 2014
Zane A. Umsted Deterring Racial Bias in Criminal Justice Through Sentencing 100 Iowa Law Review 431 (November, 2014) Abstract: In 2013, the American Civil Liberties Union (ACLU) published a report revealing stark racial disparities in the national enforcement of marijuana laws. The report suggested that police officers often use their law enforcement discretion to selectively patrol predominantly African American communities. This Note examines this and other... 2014
Justin D. Levinson , Robert J. Smith , Danielle M. Young Devaluing Death: an Empirical Study of Implicit Racial Bias on Jury-eligible Citizens in Six Death Penalty States 89 New York University Law Review 513 (May, 2014) Stark racial disparities define America's relationship with the death penalty. Though commentators have scrutinized a range of possible causes for this uneven racial distribution of death sentences, no convincing evidence suggests that any one of these factors consistently accounts for the unjustified racial disparities at play in the... 2014
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