AuthorTitleCitationSummaryYear
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
Joan C. Williams Double Jeopardy? An Empirical Study with Implications for the Debates over Implicit Bias and Intersectionality 37 Harvard Journal of Law & Gender 185 (Winter, 2014) Introduction. 186 I. The NSF Study. 189 A. Methodology. 189 B. No Surprise: Women of Color Encounter Racial as well as Gender Bias. 194 C. Black Women. 195 D. Latinas. 205 E. Asian American Women. 212 II. Implications for the Debate over Implicit Bias. 219 III. Implications for the Intersectionality Debate. 233 A. Intersectional Plaintiffs' Fate in... 2014
Cynthia M. Ho Drugged Out: How Cognitive Bias Hurts Drug Innovation 51 San Diego Law Review 419 (May-June 2014) I. Introduction. 420 II. Background. 431 A. Pharmaceutical Development and Commercialization. 431 1. Types of Drugs. 431 2. Patent Theory and Practice: The Case of Drugs. 433 B. The Existence and Importance of Schemas. 436 1. Individuals and Groups View Information Through Schemas. 437 2. Schemas Are Maintained Through Confirmation Bias. 438 a.... 2014
Sharon E. Rush Federalism, Diversity, Equality, and Article Iii Judges: Geography, Identity, and Bias 79 Missouri Law Review 119 (Winter, 2014) Each individual has a background, and that background shapes the individual's views about life, creating an inevitable form of bias referred to as experiential bias. Experiential bias is shaped by many identity traits, including, among others, race, sex, sexual orientation, religion and even geography. The geographic identity of state judges and... 2014
Jessica M. Salerno , Mary C. Murphy , Bette L. Bottoms , Arizona State University, Indiana University, University of Illinois at Chicago Give the Kid a Break--but Only If He's Straight: Retributive Motives Drive Biases Against Gay Youth in Ambiguous Punishment Contexts 20 Psychology, Public Policy, and Law 398 (November, 2014) Two studies addressed how people punish juvenile sex offenders in ambiguous punishment contexts. Sex offender registry laws now make voluntary sexual activity between juveniles a registration-worthy offense in the U.S. Using contemporary prejudice theories as a theoretical framework, we tested whether the ambiguity surrounding the application of... 2014
Jennifer Ator How to Overcome Gender Bias When it Stares You in the Face 40 No. 3 Law Practice 58 (May/June, 2014) RECENTLY I WAS personally reminded that gender bias and stereotyping are all too alive and well in 21st-century America. The venue, of all places, was a courtroom. I was attending motion calendar 70 miles from home and arrived a few minutes into the proceedings. I sat down in the front row, and a gentleman at counsel's table turned to me and asked... 2014
Justice Michael B. Hyman Implicit Bias in the Courts 102 Illinois Bar Journal 40 (January, 2014) Implicit bias and stereotypes can negatively affect the fairness of legal proceedings. This article alerts the profession to unconscious attitudes and their hidden dangers. Do you need a translator? the judge asked the middle-aged man dressed in an open-collared white shirt and slacks as he approached the bench. Guessing from his last name that... 2014
Hana Maruyama Implicit Bias Training Comes to Wyoming 37-JUN Wyoming Lawyer 38 (June, 2014) This is implicit bias, says Kimberly Papillon, who trains people to recognize and overcome the biases they didn't know they had using neuroscience. On June 25-27, 2014, she will be in Cody, Wyoming, to train 200 attendees of the National Consortium on Racial and Ethnic Fairness in the Courts, which is hosted by the Heart Mountain Wyoming Foundation... 2014
Sara K. Rankin Invidious Deliberation: the Problem of Congressional Bias in Federal Hate Crime Legislation 66 Rutgers Law Review 563 (Spring 2014) Through the enactment of federal hate crime laws, Congress decides which groups are most vulnerable to bias motivated-violence, and which groups are worthy of statutory protection against such crimes. This Article contends that such congressional decisions--specifically the selection of which groups are entitled to protection under federal hate... 2014
Bill Kanasky, Jr. Juror Confirmation Bias: Powerful, Perilous, Preventable 33 No. 2 Trial Advocate Quarterly 35 (Spring, 2014) People tend to interpret new information in a way that confirms their existing beliefs. This is called confirmation bias. Psychologist Bill Kanasky explains here that confirmation bias affects both potential jurors and trial attorneys, and suggests some strategies for minimizing its effect. In science, you move closer to the truth by seeking... 2014
Equal Justice Society, Wilson Sonsini Goodrich, Rosati Lessons from Mt. Holly: Leading Scholars Demonstrate Need for Disparate Impact Standard to Combat Implicit Bias 11 Hastings Race and Poverty Law Journal 241 (Summer, 2014) I always loved my home and was glad that I could provide housing to my children, grandchildren, and great grandchild. I also always loved my neighborhood as there is a strong sense of community here for us. We have known many of our neighbors for many years and we raised our families together. . . . When in 2003 we heard about the Township's plans... 2014
Nicole E. Negowetti Navigating the Pitfalls of Implicit Bias: a Cognitive Science Primer for Civil Litigators 4 St. Mary's Journal on Legal Malpractice & Ethics 278 (2014) Abstract. Cognitive science has revealed that past experiences and prior assumptions, even those of which we are not conscious, greatly influence how humans perceive the world. Emerging research has demonstrated that attorneys and judges, like everyone else, are the products of their gender, ethnicity, race, and socioeconomic status. As a... 2014
Dov Fox Neuro-voir Dire and the Architecture of Bias 65 Hastings Law Journal 999 (May, 2014) Courts and commentators routinely assume that bias on the jury encompasses any source of influence upon jurors that does not come directly from the evidence presented at trial. This sweeping conception of juror bias is flawed because it fails to distinguish the prejudices and affinities that infect jury decisionmaking from the experiences and... 2014
Brock Boone The Curious Case of Child Support Magistrate Lu Ann Ballew: a Demonstration of the Problem with Religious Bias in Judicial Decisionmaking 27 Georgetown Journal of Legal Ethics 391 (Summer, 2014) Columbia Law professor Kent Greenawalt stated in 1996 that [a]t this stage of United States history, one does not find explicitly religious grounds in opinions, even when courts reach beyond standard legal sources to comment on the social benefits or harms of a possible ruling. Almost twenty years later, Child Support Magistrate Lu Ann Ballew... 2014
Nickolas Kaplan 'The Fire [This] Time': Ferguson, Implicit Bias, and the Michael Brown Grand Jury 20 Public Interest Law Reporter 52 (Fall 2014) America has continued to witness countless police and vigilante killings of young, unarmed black men in the last decade. Each killing, acquittal, and non-indictment renews scrutiny over America's violent racial oppression in the postracial 21st century. , Even when community activism yields prosecutorial action, implicit biases and representation... 2014
Jamie Bigayer Voir Dire for Dummies: Using Visual and Auditory Cues and Question Design to Avoid the Pitfalls of Bunk Science, Gender Stereotypes, Perceptual Errors, and the Social Desirability Bias 21 Duke Journal of Gender Law & Policy 369 (Spring, 2014) Introduction. 370 I. Pitfalls To Avoid. 372 A. Bunk Science. 372 B. Stereotypes. 375 C. Perceptual Errors. 377 II. Deciphering Visual and Auditory Cues. 378 A. Introduction. 378 B. Establish a Baseline. 382 C. Visual Cues. 383 D. Auditory Cues. 390 E. Use A Partner. 394 III. Question Design. 395 A. Introduction. 395 B. Construct Validity. 395 C.... 2014
Govind Persad When, and How, Should Cognitive Bias Matter to Law? 32 Law & Inequality: A Journal of Theory and Practice 31 (Winter 2014) Findings about cognitive bias drawn from behavioral science have been used to justify rejecting stare decisis, changing consumer credit laws, regulating performance-enhancing drugs, revising the doctrine of fiduciary responsibility, and ceasing to treat some juvenile convictions as strikes under a three strikes law. These arguments share a... 2014
Susan Navarro Smelcer, Amy Steigerwalt, and Richard L. Vining, Jr. Where One Sits Affects Where Others Stand Bias, the Bar, and Nominees to Federal District Courts 98 Judicature 35 (July-August 2014) The federal judicial appointment process receives substantial attention from social scientists. Numerous studies of Senate confirmation votes, the duration of confirmation processes, and the presidential selection of judicial nominees have added to our knowledge. However, a relatively small body of literature examines the vetting of judicial... 2014
Michael J. Higdon A Place in the Academy: Law Faculty Hiring and Socioeconomic Bias 87 Saint John's Law Review 171 (Winter 2013) Everywhere you look in modern America--in the Hollywood Hills or the canyons of Wall Street, in the Nashville recording studios or the clapboard houses of Cambridge, Massachusetts--you see elites mastering the art of perpetuating themselves. - The Economist, January 1, 2005 The Japanese macaque, or snow monkey as it is often called, is one of... 2013
Daniella A. Schmidt Bathroom Bias: Making the Case for Trans Rights under Disability Law 20 Michigan Journal of Gender & Law 155 (2013) Disability law is one of the more successful tools currently being used to protect trans people from discrimination. While the use of disability law as a framework for affirming or creating trans rights has come with some success, many in the community remain reluctant to use disability law for fear of the policy implications and stigma associated... 2013
Robin Walker Sterling Children Are Different: Implicit Bias, Rehabilitation, and the "New" Juvenile Jurisprudence 46 Loyola of Los Angeles Law Review 1019 (Spring, 2013) In several recent Supreme Court decisions, the Court has expanded the protections available to juvenile offenders in the criminal justice system, based on adolescent brain development research demonstrating that children merit different considerations than adults. This Article chronicles the Court's recent juvenile justice decisions from Roper v.... 2013
Lance D. Reich Cognitive Biases 10 No. 1 SciTech Lawyer 4 (Fall, 2013) The natural cause of the human mind is certainly from credulity to skepticism. --Thomas Jefferson People often read stories of trials that make apparently fantastic factual determinations. For example, an award of billions in damages for a company's production of a chemical whose link to causing harm is very tenuous. Or an engineer is held liable... 2013
Kerri L. Pickel, Todd C. Warner, Tarah J. Miller, Zachary T. Barnes, Ball State University, University of Virginia, Ball State University Conceptualizing Defendants as Minorities Leads Mock Jurors to Make Biased Evaluations in Retracted Confession Cases 19 Psychology, Public Policy, and Law 56 (February, 2013) Criminal suspects who confess during interrogations sometimes retract their confessions and go to trial. Jurors must then evaluate the voluntariness and authenticity of the confession and determine guilt. Previous research indicates that focusing the camera on the detective and defendant equally (rather than on the defendant alone) while recording... 2013
Valena Elizabeth Beety Criminality and Corpulence: Weight Bias in the Courtroom 11 Seattle Journal for Social Justice 523 (Winter, 2013) Despite being a weight-obsessed culture, the United States and other western countries are becoming heavier. Being fat is no longer personal. In study after study, hostility toward fat, also known as weight bias, is increasing at a rate that outpaces the rate of obesity. American society condemns size and weight because individuals as viewed as... 2013
Andrew E. Taslitz Curing Own Race Bias: What Cognitive Science and the Henderson Case Teach about Improving Jurors' Ability to Identify Race-tainted Eyewitness Error 16 NYU Journal of Legislation and Public Policy 1049 (2013) This article examines the role eyewitness identifications tainted by the own race bias may play in jury deliberations. It discusses the causes of own race bias in eyewitness identifications, and provides recommendations for how jurors should be informed about own race bias in order to identify race-tainted eyewitness error. It argues that both... 2013
Matthew I. Fraidin Decision-making in Dependency Court: Heuristics, Cognitive Biases, and Accountability 60 Cleveland State Law Review 913 (2013) On tens of thousands of occasions each year, state court judges wrongly separate children from their families and place them in foster care. And while a child is in foster care, judges are called on to render hundreds of decisions affecting every aspect of the child's life. This Article uses insights from social psychology research to analyze the... 2013
Debra Lyn Bassett Deconstruct and Superstruct: Examining Bias Across the Legal System 46 U.C. Davis Law Review 1563 (June, 2013) Introduction. 1563 I. Deconstruct: The Psychology of Unconscious Bias. 1565 II. Superstruct: Implicit and Unconscious Bias in the Context of Legal Proceedings. 1573 Conclusion. 1582 The fourth edition of Webster's New World College Dictionary defines bias as a mental leaning or inclination; partiality; bent[,] . . . to cause to have a bias;... 2013
Philip E. Tetlock, Gregory Mitchell, L. Jason Anastasopoulos Detecting and Punishing Unconscious Bias 42 Journal of Legal Studies 83 (January, 2013) We present experimental results demonstrating how ideology shapes evaluations of technology aimed at detecting unconscious biases: (1) liberals supported use of the technology to detect unconscious racism but not unconscious anti-Americanism, whereas conservatives showed the reverse pattern, (2) liberals and conservatives opposed punishing... 2013
Christopher Cerullo Everyone's a Little Bit Racist? Reconciling Implicit Bias and Title Vii 82 Fordham Law Review 127 (October, 2013) Since its enactment as part of the Civil Rights Act of 1964, Title VII's main purpose has been to end all forms of employment discrimination. Through a flexible judicial interpretation of Title VII that reached newly discovered forms of discrimination, and through occasional intervention by Congress to update the statute, Title VII has been largely... 2013
7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24