| Author | Title | Citation | Summary | Year |
| Christopher S. Elmendorf |
Making Sense of Section 2: of Biased Votes, Unconstitutional Elections, and Common Law Statutes |
160 University of Pennsylvania Law Review 377 (January, 2012) |
This Article develops a fresh account of the meaning and constitutional function of the Voting Rights Act's core provision of nationwide application, Section 2, which has long been portrayed as conceptually opaque, counterproductive in effect, and quite possibly unconstitutional. I argue that Section 2 delegates authority to the courts to develop a... |
2012 |
| Clayton Mosher , J. Mitchell Pickerill |
Methodological Issues in Biased Policing Research with Applications to the Washington State Patrol |
35 Seattle University Law Review 769 (Spring, 2012) |
In the mid-to-late 1990s, media attention intensified around the issue of racial profiling. The increased attention was partially due to concerns that law enforcement were biased and targeting members of minority groups, and that incarceration rates were racially disproportionate. Literally hundreds of articles appeared on the topic of racial... |
2012 |
| 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 |
| Justin D. Levinson , Danielle Young |
Different Shades of Bias: Skin Tone, Implicit Racial Bias, and Judgments of Ambiguous Evidence |
112 West Virginia Law Review 307 (Winter, 2010) |
Introduction. 308 II. Scholarship on Implicit Bias and Race in Legal Decision-Making. 311 A. Legal Scholarship. 311 1. Non-Empirical Work on Implicit Bias in Society. 312 2. Non-Empirical Work on Implicit Bias in the Legal System. 315 3. Empirical Legal Scholarship. 319 B. Mock-Jury Research on Racial Bias. 323 III. Activating Powerful Racial... |
2010 |
| Grace Brainard |
Disrupting Implicit Racial Biases in the Workplace: Rethinking Affirmative Action in the Wake of Ricci V. Destefano |
2 Georgetown Journal of Law & Modern Critical Race Perspectives 53 (Spring, 2010) |
In March of 2009, the Supreme Court broke its twenty-two year silence regarding affirmative action programs in public employment. In Ricci v. DeStefano, one Latino and seventeen White firefighters brought suit against New Haven, Connecticut (the City) in the wake of a fire department examination to assess the eligibility of its firemen for... |
2010 |
| Adam Benforado |
Frames of Injustice: the Bias We Overlook |
85 Indiana Law Journal 1333 (Fall, 2010) |
The Cultural Cognition Project (CCP) at Yale Law School and the Project on Law and Mind Sciences (PLMS) at Harvard Law School draw on similar research and share a similar goal of uncovering the dynamics that shape risk perceptions, policy beliefs, and attributions underlying our laws and legal theories. Nonetheless, the projects have failed to... |
2010 |
| Perry L. Moriearty |
Framing Justice: Media, Bias, and Legal Decisionmaking |
69 Maryland Law Review 849 (2010) |
I. Introduction. 850 II. Constructing a Superpredator . 860 A. Wilding . 862 B. Stone Cold Predators and Crime Tsunamis . 864 C. Media Myths. 868 D. Believing the Hype. 871 E. Ignoring the Juvenile Court. 873 III. From Parens Patriae to Penal Disproportionality. 875 A. The Modern Juvenile Court. 875 B. The Problem of Disproportionate... |
2010 |
| Daniel Gordon |
Gender, Race and Limiting the Constitutional Privilege of Religion as a Haven for Bias: the Bridge Back to the Twentieth Century |
31 Women's Rights Law Reporter 369 (Summer 2010) |
In 2008, a United States District Court found that a school of theology could terminate the employment of a female assistant professor because she was a female. The District Court rejected the professor's claim that under Title VII she possessed the right to be free of gender discrimination. The right to be free from gender discrimination acceded... |
2010 |
| Justin D. Levinson , Huajian Cai , Danielle Young |
Guilty by Implicit Racial Bias: the Guilty/not Guilty Implicit Association Test |
8 Ohio State Journal of Criminal Law 187 (Fall, 2010) |
Legal scholarship on racial discrimination has turned to the science of implicit social cognition to explain how the human mind automatically manifests biases against disfavored social groups. Much of this discourse on implicit bias focuses on the potential for massive, but hard to detect discrimination in the employment context. Yet, other legal... |
2010 |
| Carol Izumi |
Implicit Bias and the Illusion of Mediator Neutrality |
34 Washington University Journal of Law and Policy 71 (2010) |
Plaintiff (P), the owner/operator of a carpet cleaning business, sued the defendant-homeowners for $500 in a breach of contract action for the unpaid balance of a $1,000 carpet cleaning agreement. Defendants (Ds or Mr. and Mrs. D) counterclaimed for the return of the $500 deposit they paid before work began. Ds hired P to dry out and clean the... |
2010 |
| Jerry Kang |
Implicit Bias and the Pushback from the Left |
54 Saint Louis University Law Journal 1139 (Summer 2010) |
Over the past three decades, the mind sciences have provided remarkable insights about how our brains process social categories. For example, scientists have discovered that implicit biases--in the form of stereotypes and attitudes that we are unaware of, do not consciously intend, and might reject upon conscious self-reflection--exist and have... |
2010 |
| Gregory S. Parks , Jeffrey J. Rachlinski |
Implicit Bias, Election '08, and the Myth of a Post-racial America |
37 Florida State University Law Review 659 (Spring, 2010) |
The election of Barack Obama as the forty-fourth President of the United States signals that the traditional modes of thinking about race in America are outdated. Commentators and pundits have begun to suggest that the election of a black man to the nation's highest office means that the United States has entered a post-racial era in which civil... |
2010 |
| Justin D. Levinson , Danielle Young |
Implicit Gender Bias in the Legal Profession: an Empirical Study |
18 Duke Journal of Gender Law & Policy 1 (Fall 2010) |
Commentators have marveled at the continuing lack of gender diversity in the legal profession's most influential and honored positions. After achieving near equal numbers of male and female law school graduates for approximately two decades, the gap between men and women in law firms, legal academia, and the judiciary remains stark. Several... |
2010 |
| Brandon C. Pond |
Juror Testimony of Racial Bias in Jury Deliberations: United States V. Benally and the Obstacle of Federal Rule of Evidence 606(b) |
2010 Brigham Young University Law Review 237 (2010) |
In the Tenth Circuit's recent decision United States v. Benally, the court held that post-verdict juror testimony of racist comments made by fellow jurors during deliberations is inadmissible under Federal Rule of Evidence 606(b) (Rule 606(b)). According to the court, Rule 606(b) stands as a nearly insurmountable obstacle to the admission of any... |
2010 |
| Andrew W. Bribriesco |
Latino/a Plaintiffs and the Intersection of Stereotypes, Unconscious Bias, Race-neutral Policies, and Personal Injury |
13 Journal of Gender, Race and Justice 373 (Winter 2010) |
A man is driving down the street in his pickup truck. He is on his way to work. For twenty years, the man has taken the same route to the factory--he passes two large intersections on Highway One and turns right on Riverside Drive. While crossing the second intersection, another car fails to stop at the red light and crashes into the side of the... |
2010 |
| Adam M. Acosta |
Len Bias' Death Still Haunts Crack-cocaine Offenders after Twenty Years: Failing to Reduce Disproportionate Crack-cocaine Sentences under 18 U.s.c. ยง 3582 |
53 Howard Law Journal 825 (Spring 2010) |
INTRODUCTION. 826 I. EVOLVING STANDARDS OF JUSTICE: THE STRUGGLE TO FIX A SENTENCING DISPARITY. 831 A. The Birth of the Hundred-to-One Crack-Cocaine Disparity. 831 B. Amending the Disparity. 834 C. Plea Agreements, Sentencing Agreements, and the Binding Implications. 836 II. CAN A BINDING PLEA AGREEMENT BE BASED ON SENTENCING GUIDELINES?. 839 A.... |
2010 |
| William Y. Chin |
Linguistic Profiling in Education: How Accent Bias Denies Equal Educational Opportunities to Students of Color |
12 Scholar: St. Mary's Law Review on Minority Issues 355 (Symposium 2010) |
Abstract. 356 I. Introduction. 357 II. Accent Bias in Education Exists. 358 A. Bias Against Black Speakers. 359 B. Bias Against Asian Speakers. 361 C. Bias Against Latina/o Speakers. 362 D. Bias Against Arab Speakers. 363 III. Accent Bias Negatively Affects Accented Students of Color. 364 A. Accented Students Are Denied Access to Charter Schools.... |
2010 |
| Marie McManus Degnan |
No Actual Bias Needed: the Intersection of Due Process and Statutory Recusal |
83 Temple Law Review 225 (Fall, 2010) |
Judges frequently come under fire in the court of public opinion for their failure to recuse. Justice Scalia was the subject of a media firestorm in 2004 when he refused to recuse himself from a case involving Vice President Dick Cheney after he and the Vice President had gone duck hunting together while the case was pending. In the Ninth Circuit,... |
2010 |
| Kirin F. Hilliar, Richard I. Kemp, Thomas F. Denson |
Now Everyone Looks the Same: Alcohol Intoxication Reduces the Own-race Bias in Face Recognition |
34 Law and Human Behavior 367 (October, 2010) |
Abstract Several factors influence the reliability of eyewitness identification evidence. Typically, recognition for same-race faces is better than for different-race faces (the own-race bias), and alcohol intoxication decreases overall face recognition accuracy. This research investigated how alcohol intoxication influences the own-race bias.... |
2010 |
| Adam Benforado |
Quick on the Draw: Implicit Bias and the Second Amendment |
89 Oregon Law Review Rev. 1 (2010) |
Abstract. 2 Introduction. 3 A. Racism, Guns, and Fear. 3 B. Another Connection Story. 8 I. Racism and Gun Rights. 11 A. A Changing Landscape. 11 1. Guns. 12 a. A New View of the Second Amendment. 12 b. A Thriving Gun Culture. 14 c. More Guns, More Gun Ownership, More Gun Permits. 18 d. Gun Use: Private Enforcers?. 20 2. Racism and Disparate... |
2010 |
| Jerry Kang , Kristin Lane |
Seeing Through Colorblindness: Implicit Bias and the Law |
58 UCLA Law Review 465 (December, 2010) |
Once upon a time, the central civil rights questions were indisputably normative. What did equal justice under law require? Did it, for example, permit segregation, or was separate never equal? This is no longer the case. Today, the central civil rights questions of our time turn also on the underlying empirics. In a post-civil rights era, in... |
2010 |