Sahar Fathi Race and Social Justice as a Budget Filter: the Solution to Racial Bias in the State Legislature? 47 Gonzaga Law Review 531 (2011-2012) Introduction. 532 I. Why Is There Racial Bias in the Legal System?. 534 A. Institutional Racism. 534 B. Historical Evidence of Institutional Racism. 535 II. What Is a Racial Impact Statement and What Are Some of the Current Models that Exist in the Country?. 540 A. Iowa and Connecticut. 540 B. Minnesota. 542 C. The City of Seattle. 542 III. The... 2012
Andrea D. Lyon Race Bias and the Importance of Consciousness for Criminal Defense Attorneys 35 Seattle University Law Review 755 (Spring, 2012) When I worked at the public defender's office in Chicago, I found that stereotypes and prejudice are problems for everyone, not just the prosecution or the judiciary--although it was more acute there. I entered the office thinking that public defenders were liberal (which is, in my mind, a good thing) and thus good on race issues. Not so much.... 2012
The Honorable Barbara Madsen, Chief Justice, Washington State Supreme Court Racial Bias in the Criminal Justice System 47 Gonzaga Law Review 243 (2011-2012) Keynote Address at the Conference on Race and Criminal Justice in the West Gonzaga University School of Law Saturday, September 24, 2011 In 2008, in his speech, A More Perfect Union, candidate Barak Obama called for a national conversation on race in America. In that speech, he reminded us in the words of William Faulkner: The past isn't dead... 2012
L. Elizabeth Sarine Regulating the Social Pollution of Systemic Discrimination Caused by Implicit Bias 100 California Law Review 1359 (October, 2012) Incidents of discrimination due to implicit bias, or an unconscious prejudice in favor of or against certain groups, are extremely difficult to challenge in court because plaintiffs alleging discrimination in violation of the Equal Protection Clause must prove that the discrimination was purposeful. Since our legal system often fails to provide... 2012
Jordan Blair Woods Systemic Racial Bias and Rico's Application to Criminal Street and Prison Gangs 17 Michigan Journal of Race and Law 303 (Spring 2012) This Article presents an empirical study of race and the application of the federal Racketeer Influenced and Corrupt Organizations Act (RICO) to criminal street and prison gangs. A strong majority (approximately 86%) of the prosecutions in the study involved gangs that were affiliated with one or more racial minority groups. All but one of the... 2012
Hannah Alsgaard The Beauty Bias: the Injustice of Appearance in Life and Law by Deborah L. Rhode. New York: Oxford University Press, 2010. 252 Pp. $24.95 Hardback, $17.95 Paperback. 27 Berkeley Journal of Gender, Law & Justice 142 (Winter 2012) The Dove website advertises its soap and bath products with a Social Mission and an official Vision. The Dove Movement for Self-Esteem asks consumers to [i]magine a world where beauty is a source of confidence, not anxiety. The campaign states that, since its launch in 2004, it has served as a starting point for widening the definition and... 2012
Robert J. Smith, Justin D. Levinson The Impact of Implicit Racial Bias on the Exercise of Prosecutorial Discretion 35 Seattle University Law Review 795 (Spring, 2012) The disproportionate incarceration of minorities is one of the American criminal justice system's most established problems. In spite of a societal backdrop in which descriptive claims of a post-racial America prosper, the problematic racial dynamics of criminal justice persist. The numbers are stark and clear: one out of every twenty-nine black... 2012
Jordan S. Rubin The Interpretation of Umpires' Dreams: Testing Supreme Court Nominees' Racial Biases 13 Rutgers Race & the Law Review 147 (2012) And he who at every age, as boy and youth and in mature life, has come out of the trial victorious and pure, shall be appointed a ruler and guardian of the State . . . But him who fails, we must reject. I am inclined to think that this is the sort of way in which our rulers and guardians should be chosen and appointed. I speak generally, and not... 2012
Andrew E. Taslitz Trying Not to Be like Sisyphus: Can Defense Counsel Overcome Pervasive Status Quo Bias in the Criminal Justice System? 45 Texas Tech Law Review 315 (Fall, 2012) In general, the public, which on the whole likes its society orderly, is better disposed to the prosecutors as enforcers of order than to defense lawyers as challengers of that order in the interests of a fair trial. Defense lawyer and former prosecutor, Kendall Coffey [A]bsolutely everything that public defenders do is about challenging the... 2012
Molly O'Leary , President, Idaho State Bar Board of Commissioners What Do You Mean I'm Biased? 55-SEP Advocate 10 (September, 2012) Although there were many worthwhile CLE presentations at this year's annual meeting, one that really stood out for me was a presentation by Lauren Stiller Rikleen on Achieving Success in the Changing Landscape of Idaho's Legal Profession. Ms. Rikleen is currently an Executive-in-Residence at Boston College's Center for Work and Family in the... 2012
Jessica L. West 12 Racist Men: Post-verdict Evidence of Juror Bias 27 Harvard Journal on Racial & Ethnic Justice 165 (Spring 2011) I. Introduction. 166 II. The Evidentiary Prohibition on Post-Verdict Inquiry into Juror Deliberations. 171 A. The History of the Evidentiary Prohibition. 171 B. Concerns Protected by the Evidentiary Prohibition. 175 C. Contemporary Interpretation of the Rule: Tanner v. U.S. 178 III. The Evidentiary Prohibition within the Context of Juror... 2011
Maggie Elise O'Grady A Jury of Your Skinny Peers: Weight-based Peremptory Challenges and the Culture of Fat Bias 7 Stanford Journal of Civil Rights & Civil Liberties 47 (April, 2011) Introduction. 47 I. Weight-Based Peremptory Challenges are State-Sanctioned Anti-Fat Bias. 51 II. Weight-Based Peremptory Challenges Mask Unconstitutional Discrimination and Disproportionately Harm Other Protected Groups. 61 III. Weight-Based Peremptory Challenges Arbitrarily Strike Otherwise Qualified Citizens from Jury Service. 67 IV.... 2011
Brian R. Jones Bias-based Policing in Vermont 35 Vermont Law Review 925 (Summer, 2011) Despite the overwhelming reduction of discriminatory practices in the United States over the past several decades, disparate treatment of minorities persists. Specifically, the belief that some police officers base enforcement actions on race, bias, animus, or a combination of these factors persists. Bias-based policing-or racial profiling, as it... 2011
Frank Dobbin , Jiwook Jung Corporate Board Gender Diversity and Stock Performance: the Competence Gap or Institutional Investor Bias? 89 North Carolina Law Review 809 (March, 2011) Introduction. 809 I. Theories of Group Composition and Efficacy. 813 A. Theories Suggesting Advantages of Group Diversity. 814 B. Theories Suggesting Disadvantages of Group Diversity. 815 II. Research on Board Diversity and Performance. 817 III. Institutional Investor Activism, Institutional Investor Bias. 820 IV. Data and Methods. 825 A. Sample.... 2011
David Holland, Gil Lenz Exposing Immigration Bias During Voir Dire 99 Illinois Bar Journal 82 (February, 2011) Given the intense controversy over immigration, courts should allow questioning of prospective jurors on anti-immigrant and other immigration-related bias. The authors also suggest questions that practitioners can use to expose immigrant bias during jury selection. Few issues in America are more controversial than immigration. Arizona's immigration... 2011
Rosalie Berger Levinson Gender-based Affirmative Action and Reverse Gender Bias: Beyond Gratz, Parents Involved, and Ricci 34 Harvard Journal of Law & Gender Gender 1 (Winter 2011) I. Introduction. 1 II. History Behind the Affirmative Action Race/Gender Anomaly. 3 III. The Circuit Split on the Race/Gender Conundrum. 13 IV. Analogy to Race-Based Affirmative Action. 19 A. Remedial Purpose as a Justification for Affirmative Action. 20 B. The Diversity Rationale. 24 C. The Arguments Against Affirmative Action. 31 V. Conclusion.... 2011
Alex Ginsberg How New York's Bias Crimes Statute Has Exceeded its Intended Scope 76 Brooklyn Law Review 1599 (Summer, 2011) On the night of Oct. 8, 2006, twenty-eight-year-old Michael Sandy drove from his home in the Williamsburg section of Brooklyn to a quiet stretch of beach near the Belt Parkway. Sandy, a designer for a Long Island IKEA furniture store, believed he was headed for a late night tryst with a man he had met a short time earlier in an internet chat room.... 2011
Fatma E. Marouf Implicit Bias and Immigration Courts 45 New England Law Review 417 (Spring 2011) This Article highlights the importance of implicit bias in immigration adjudication. After tracing the evolution of prejudice in our immigration laws from explicit old-fashioned prejudice to more subtle forms of modern and aversive prejudice, the Article argues that the specific conditions under which immigration judges decide cases render... 2011
Jeffrey W. Stempel In Praise of Procedurally Centered Judicial Disqualification--and a Stronger Conception of the Appearance Standard: Better Acknowledging and Adjusting to Cognitive Bias, Spoliation, and Perceptual Realities 30 Review of Litigation 733 (Symposium 2011) I. Facing Reality: Judging and Judges in the Real World. 740 A. Unconscious Bias and Insufficient Self-Awareness. 740 B. The Inevitable Socio-Political Element of Adjudication. 750 C. Spoliation Concerns. 753 1. The Inherent Difficulty of Demonstrating the Impact of a Tainted Judge and the Harm of Harmless Error Analysis. 753 2. The Inherent... 2011
Mona Lynch, Craig Haney Mapping the Racial Bias of the White Male Capital Juror: Jury Composition and the "Empathic Divide" 45 Law and Society Review 69 (March, 2011) This article examines the nature of racial bias in the death sentencing process. After reviewing the various general explanations for the continued significance of race in capital cases, we report the results of an empirical study in which some aspects of racially biased death sentencing are examined in depth. Specifically, in a simulated capital... 2011
Anna Stolley Persky Numbers Tell the Tale 97-MAY ABA Journal 18 (May, 2011) IN NORTH CAROLINA, STATISTICS DON'T JUST TELL a story; they can let a death row inmate challenge his conviction. A 2009 state statute allows death row inmates to claim that racial bias unduly influenced the outcome of their trials. The Racial Justice Act specifically allows defendants to use statistics to support their claims. There are more than... 2011
Shelly Kreiczer Levy , Meital Pinto Property and Belongingness: Rethinking Gender-biased Disinheritance 21 Texas Journal of Women and the Law 119 (Fall 2011) INTRODUCTION. 120 I. DISINHERITANCE OF DAUGHTERS: THE PHENOMENON. 123 II. INHERITANCE LAW: STRUCTURE AND VALUES. 125 III. THE MEANING OF INHERITANCE. 129 IV. THE LIMITS OF TESTAMENTARY FREEDOM. 136 V. GENDER-BIASED DISINHERITANCE AND PUBLIC POLICY. 140 A. Equality, Respect, and Public Policy. 140 B. Religion, Culture, and Public Policy. 146 VI.... 2011
Melanie D. Wilson Quieting Cognitive Bias with Standards for Witness Communications 62 Hastings Law Journal 1227 (May, 2011) Last year, as part of a project to revise the ABA Criminal Justice Standards for Prosecution and Defense Functions, the ABA Criminal Justice Section initiated roundtable discussions with prosecutors, criminal defense lawyers, and academics throughout the United States. The Standards under review provide aspirational guidance for all criminal law... 2011
Eric Sandberg-Zakian Rethinking "Bias": Judicial Elections and the Due Process Clause after Caperton V. A.t. Massey Coal Co. 64 Arkansas Law Review 179 (2011) In 2004, Don Blankenship, president of the A.T. Massey Coal Company, spent more than $3 million of his own money supporting Brent Benjamin's candidacy in an electoral race for a seat on the West Virginia Supreme Court. At the time Blankenship made these massive expenditures, Massey Coal was in the process of appealing a $50 million tort verdict in... 2011
Amy L. Wax Supply Side or Discrimination? Assessing the Role of Unconscious Bias 83 Temple Law Review 877 (Summer 2011) An increasingly prominent theme in legal scholarship is that unconscious bias is an important contributor to social disparities by race and gender. The intensive focus on inadvertent motives is grounded in laboratory observations that purport to demonstrate that people's split-second reactions are influenced by group identity. Such responses, it is... 2011
Anna Kirkland, University of Michigan The Beauty Bias: the Injustice of Appearance in Life and Law. By Deborah L. Rhode. New York: Oxford University Press, 2010. 252 Pp. $24.95 Cloth 45 Law and Society Review 789 (September, 2011) Deborah Rhode's new book on appearance discrimination is a well-documented, thoughtful, and much-needed contribution to the discussion of potential injustice. The Beauty Bias addresses a broad audience, and Rhode clearly saw that the first challenge was to change the minds of those who think appearance is not a very important axis of injustice. The... 2011
Natalie Bucciarelli Pedersen A Legal Framework for Uncovering Implicit Bias 79 University of Cincinnati Law Review 97 (Fall 2010) Actors' implicit biases impact the law in areas ranging from employment discrimination to criminal law. Legal scholars are rightly concerned with the effects of implicit bias and have suggested a myriad of ways to counteract it. Many employment discrimination scholars, however, are pessimistic about the current law's potential to curtail the effect... 2010
William T. Bielby Accentuate the Positive: Are Good Intentions an Effective Way to Minimize Systemic Workplace Bias? 95 Virginia Law Review In Brief 117 (February 28, 2010) IN a recent article, Professor Bartlett argues that modifying legal tools in order to reduce implicit race and gender bias is a worthy goal, but one that is almost certainly unattainable. The modern workplace, in her view, is populated mostly by individuals who are well intentioned and committed to nondiscrimination. Legal coercion threatens... 2010
Bruce Hamilton Bias, Batson, and "Backstrikes": Snyder V. Louisiana Through a Glass, Starkly 70 Louisiana Law Review 963 (Spring, 2010) In order to get beyond racism, we must first take account of race. There is no other way. And in order to treat some persons equally, we must treat them differently. Justice Harry Blackmun Two unspoken, unwritten words wreak profoundly harmful effects on jury selection, as well as on the trials and verdicts that follow: whites only. This phrase... 2010
Teri Morris Civil Rights/employment Law--states Carry Weight of Employment Discrimination Protection: Resolving the Growing Problem of Weight Bias in the Workplace 32 Western New England Law Review 173 (2010) Should an employer be allowed to refuse to hire fat girls? Should a supervisor be allowed to monitor what an employee eats or call him a fat slob in front of clients and colleagues? Is it acceptable for a manager to refuse to promote a competent employee because he does not want a stupid, fat broad running his department? Should obese... 2010
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