AuthorTitleCitationSummaryYear
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. § 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
Gary Ford The New Jim Crow: Male and Female, South and North, from Cradle to Grave, Perception and Reality: Racial Disparity and Bias in America's Criminal Justice System 11 Rutgers Race & the Law Review 323 (2010) The new Jim Crow is the criminal justice system and its impact on poor people in general and people of colour in particular. Desre'e Watson, a six year-old black girl was arrested and charged with a felony for disruption of her kindergarten class. Shaquanda Cotton, a fifteen-year old black girl with attention deficit hyperactivity disorder... 2010
Judge Mark W. Bennett Unraveling the Gordian Knot of Implicit Bias in Jury Selection: the Problems of Judge-dominated Voir Dire, the Failed Promise of Batson, and Proposed Solutions 4 Harvard Law & Policy Review 149 (Winter 2010) At a 1993 meeting of his organization Operation PUSH, on the topic of street crime, the Reverend Jesse Jackson told the audience, There is nothing more painful to me at this stage in my life than to walk down the street and hear footsteps and start thinking about robbery . . . . Then look around and see somebody white and feel relieved.... 2010
Ralph Richard Banks , Richard Thompson Ford (How) Does Unconscious Bias Matter?: Law, Politics, and Racial Inequality 58 Emory Law Journal 1053 (2009) During the past several years, psychological research on unconscious racial bias has grabbed headlines, as well as the attention of legal scholars. The most well-known test of unconscious bias is the Implicit Association Test (IAT), a sophisticated and methodologically rigorous computer-administered measure that has been taken by millions of people... 2009
Jordan Blair Woods Addressing Youth Bias Crime 56 UCLA Law Review 1899 (August, 2009) Bias crime statistics legislation does not require law enforcement agencies to collect data on the ages of bias crime perpetrators, and bias crime penalty enhancements do not distinguish between youth and adult offenders. As a result, little data exists on youth bias crime, and the consequences of applying bias crime penalty enhancements to adult... 2009
Elina Tetelbaum Check Your Identity-baggage at the Firm Door: the Ethical Difficulty of Zealous Advocacy in Bias-ridden Courtrooms 14 Texas Journal on Civil Liberties & Civil Rights 261 (Spring 2009) I. Introduction. 262 II. A Matter of Pecuniary Self-Interest?. 264 III. Why Protect the Attorney's Interests?. 267 IV. Potential Ways to Evade Dilemma. 270 A. Voir Dire. 270 B. A Role for Judges?. 273 V. Towards Justifying and Regulating Firms' Treatment of Identity-Baggage in Litigation. 276 VI. Proposal for Ethical Regulation. 281 VII. The... 2009
Colin Miller Dismissed with Prejudice: Why Application of the Anti-jury Impeachment Rule to Allegations of Racial, Religious, or Other Bias Violates the Right to Present a Defense 61 Baylor Law Review 872 (Fall 2009) I. Introduction. 874 II. The Proscription on Post-Trial Jury Impeachment of Verdicts. 880 A. The Common Law History of the Anti-Jury Impeachment Rule. 880 1. Mansfield's Rule. 880 2. The Iowa Rule. 881 3. Post-Iowa Rule Variations. 882 4. The Supreme Court's Attempts at Clarification. 883 B. The Legislative History Behind Federal Rule of Evidence... 2009
Minna J. Kotkin Diversity and Discrimination: a Look at Complex Bias 50 William and Mary Law Review 1439 (April, 2009) Multiple claims have become a fixture of employment discrimination litigation. It is common, if not ubiquitous, for court opinions to begin with a version of the following litany: Plaintiff brings this action under Title VII and the ADEA for race, age, and gender discrimination. Equal Employment Opportunity Commission (EEOC) statistics show... 2009
Jeffrey J. Rachlinski , Sheri Lynn Johnson , Andrew J. Wistrich , Chris Guthrie Does Unconscious Racial Bias Affect Trial Judges? 84 Notre Dame Law Review 1195 (March, 2009) Race matters in the criminal justice system. Black defendants appear to fare worse than similarly situated white defendants. Why? Implicit bias is one possibility. Researchers, using a well-known measure called the Implicit Association Test, have found that most white Americans harbor implicit bias toward black Americans. Do judges, who are... 2009
Rachel J. Anderson From Imperial Scholar to Imperial Student: Minimizing Bias in Article Evaluation by Law Reviews 20 Hastings Women's Law Journal 197 (Summer 2009) Law professors have been complaining about student-run law reviews for decades; an expression of dissatisfaction with the evaluation of legal scholarship and selection of articles by law students is not new. Corporate law scholars complain that students are not interested in publishing scholarship on corporate issues. Critical race scholars... 2009
Warren Moïse I'm Booored! Bias and the Busy Trial Lawyer 20-JAN South Carolina Lawyer 10 (January, 2009) Recently I took a vacation trip to London. After several days, a side trip to Cardiff, Wales, and innumerable trips about town with the world's most pleasant taxi drivers, I flew home from Gatwick Airport. In the seat immediately in front of me was a roundheaded young redhead. When her mother mentioned en route that we'd have to fly seven more... 2009
Gregory S. Parks , Jeffrey J. Rachlinski , Richard A. Epstein Implicit Race Bias and the 2008 Presidential Election: Much Ado about Nothing? 157 University of Pennsylvania Law Review PENNumbra 210 (2009) The election of Barack Obama marks a significant milestone for race relations in our nation--on this much our debaters agree. The meaning of this milestone for the future of race-based policies, such as affirmative action and antidiscrimination laws, is where they disagree. Dr. Gregory Parks and Professor Jeffrey Rachlinski argue that any... 2009
Kate Nace Day , Russell G. Murphy Just Trying to Be Human in this Place: Storytelling and Film in the First-year Law School Classroom 39 Stetson Law Review 247 (Fall 2009) Law school reform is in the air. -- Susan Sturm & Lani Guinier The plain fact is that American legal education, and especially its formative first year, remains remarkably similar to the curriculum invented at the Harvard Law School by Christopher Columbus Langdell over a century and a quarter ago. Invented, that is, not just before the Internet,... 2009
Judy L. Marchman Justice for All? 72 Texas Bar Journal 494 (June, 2009) Southern Methodist University Dedman School of Law, in conjunction with the American Bar Association Judicial Division, held a symposium in early April to explore the perception of racial and ethnic bias in the courts. The symposium, titled Justice for All?, brought together three panels composed of academics, judges, and lawyers to discuss the... 2009
Rachael A. Ream Limitedvoirdire 23-WTR Criminal Justice 22 (Winter, 2009) Within the framework of constitutional guarantees to trial by jury is the Sixth Amendment promise of an impartial jury in federal criminal cases. Individual jurors, though, come with preconceived ideas and prejudices based on life experiences that often interfere with the ability to provide such impartiality. The concepts of jury selection and voir... 2009
Antony Page , Michael J. Pitts Poll Workers, Election Administration, and the Problem of Implicit Bias 15 Michigan Journal of Race and Law 1 (Fall 2009) Racial bias in election administration--more specifically, in the interaction between poll workers and voters at a polling place on election day--may be implicit, or unconscious. Indeed, the operation of a polling place may present an optimal setting for unconscious racial bias. Poll workers sometimes have legal discretion to decide whether or... 2009
Robert V. Wolf Race, Bias, and Problem-solving Courts 21 National Black Law Journal 27 (2009) Introduction. 27 I. Race and the Justice System. 30 A. Racial/Ethnic Disparities. 31 B. Attitudes Toward the Justice System. 32 C. Sources of Disparities. 33 D. Problems with the Data. 34 E. Attempts to Address Bias in the Justice System. 35 II. Problem-Solving Courts. 37 A. Linking Participants to Social Services. 38 B. Legal Services. 41 C.... 2009
Melanie A. Conroy Real Bias: How Real Id's Credibility and Corroboration Requirements Impair Sexual Minority Asylum Applicants 24 Berkeley Journal of Gender, Law & Justice 1 (Spring 2009) I. Introduction. 2 II. Sexual Minorities and the Law of Asylum. 3 III. Pre-Real ID Credibility and Corroboration Law and Problems. 5 A. Pre-Real ID Corroboration Law. 5 B. Pre-Real ID Corroboration Problems. 7 1. Corroborating the Persecution of Similarly-Situated Individuals. 8 2. Corroborating One's Sexual Minority Membership. 10 C. Pre-Real ID... 2009
Regina A. Schuller, Veronica Kazoleas, Kerry Kawakami The Impact of Prejudice Screening Procedures on Racial Bias in the Courtroom 33 Law and Human Behavior 320 (August, 2009) Abstract The current study examines the impact of the challenge for cause procedure and its effectiveness in curbing racial prejudice in trials involving Black defendants. Participants were provided with a trial summary of a defendant charged with either drug trafficking or embezzlement. The race of the defendant was either White or Black, with... 2009
Tiffani N. Darden The Law Firm Caste System: Constructing a Bridge Between Workplace Equity Theory & the Institutional Analyses of Bias in Corporate Law Firms 30 Berkeley Journal of Employment and Labor Law 85 (2009) Diversity eludes the most prestigious legal employers--the federal judiciary, academia, and elite law firms--despite enlightened scholarship diagnosing the quandaries of workplace equity in professional settings. While recruitment efforts stream attorneys of color into the lower ranks of corporate law firms, management and the legal profession... 2009
Reid Griffith Fontaine The Wrongfulness of Wrongly Interpreting Wrongfulness: Provocation, Interpretational Bias, and Heat of Passion Homicide 12 New Criminal Law Review 69 (Winter, 2009) In U.S. criminal law, a defendant charged with murder can invoke the heat of passion defense, an affirmative, partial-excuse defense so that he may be instead found guilty of the lesser crime of manslaughter. This defense requires the defendant to demonstrate that he was significantly provoked and, as a direct result of the provocation, became... 2009
Antony Page Unconscious Bias and the Limits of Director Independence 2009 University of Illinois Law Review 237 (2009) Corporate directors make difficult decisions: How much should we pay our CEO? Should we permit a lawsuit against a fellow director? Should we sell the company? Directors are legally obligated to decide in good faith based on the business merits of the issue rather than extraneous considerations and influences. Naturally, some directors may have... 2009
David L. Faigman , Nilanjana Dasgupta , Cecilia L. Ridgeway A Matter of Fit: the Law of Discrimination and the Science of Implicit Bias 59 Hastings Law Journal 1389 (June, 2008) Integrating the insights gleaned from scientific research into the framework of the law requires courts to appreciate the empirical complexities of the former and the analytical details of the latter. This is no simple feat. It requires juxtaposing the lessons and limitations of science with the demands of the law. This feat has proved particularly... 2008
Morrison Torrey Actually Begin to Satisfy Aba Standards 211(a) and 212(a): Eliminate Race and Sex Bias in Legal Education 43 Harvard Civil Rights-Civil Liberties Law Review 615 (Summer 2008) The American Bar Association Standards for Approval of Law Schools mandate non-discrimination and equality of opportunity, requiring law schools to demonstrate by concrete action a commitment to providing full opportunities for the study of law and entry into the profession by members of underrepresented groups, particularly racial and ethnic... 2008
Wendy Richards An Analysis of Recent Tax Reforms from a Marital-bias Perspective: it Is Time to Oust Marriage from the Tax Code 2008 Wisconsin Law Review 611 (2008) As the American family dynamic continues to change, the tax code should change to reflect current population demographics. The tax treatment of marriage contrasts sharply with the actual role that marriage currently plays in society. The recent tax reforms took steps toward alleviating the burdens created by the marital bias but did little to... 2008
Stephen J. Choi, G. Mitu Gulati Bias in Judicial Citations: a Window into the Behavior of Judges? 37 Journal of Legal Studies 87 (January, 2008) This article tests for the presence of bias in judicial citations within federal circuit court opinions. Our findings suggest bias along three dimensions. First, judges base outside-circuit citation decisions in part on the political party of the cited judge. Judges tend to cite judges of the opposite political party less often than would be... 2008
Deborah J. Merritt Bias, the Brain, and Student Evaluations of Teaching 82 Saint John's Law Review 235 (Winter 2008) The complaints are never-ending, voluminous, and contradictory. I talk too loud or not loud enough. I walk too close to people and make them nervous. If I look at students, they are nervous. If I do not look at them they are angry. If I call on them, I am picking on them. If I do not call on them, I have a personal vendetta against them . . . .... 2008
Curtis J. Thomas Cat's in the Cradle: Tenth Circuit Provides Silver Spoon of Subordinate Bias Liability in Eeoc V. Bci Coca-cola Bottling Co. Of Los Angeles 61 Oklahoma Law Review 629 (Fall, 2008) Many old cats, cunning, subtle, and sharp, and bearing a grudge against the whole race of mice beside, lay in wait for them, caught them, and cleared them out of the house, much to the advantage of the master of the establishment. Stephen Peters, an African-American merchandiser for BCI Coca-Cola Bottling Co. of Los Angeles (BCI), was terminated... 2008
Stephen Benard , In Paik , Shelley J. Correll Cognitive Bias and the Motherhood Penalty 59 Hastings Law Journal 1359 (June, 2008) When women become mothers, their labor market prospects tend to suffer. A number of studies have documented that mothers experience worse labor market outcomes than women without children. Perhaps most well established is the motherhood wage penalty: mothers earn approximately 5% less per child than other workers, over and above any gender wage... 2008
Arin N. Reeves Colored by Race 37-SPG Brief 28 (Spring, 2008) Does race color the way in which minority practitioners are evaluated by hiring committees in large law firms? Although there have always been stories and egregious examples, these anecdotes have often been dismissed as atypical and not representative of a profession that says it is committed to diversity. But Colored by Race: The Evaluation of... 2008
Taran S. Kaler Controlling the Cat's Paw: Circuit Split Concerning the Level of Control a Biased Subordinate must Exert over the Formal Decisionmaker's Choice to Terminate 48 Santa Clara Law Review 1069 (2008) In a recent survey, fifteen percent of American workers perceived that they had been the subject of employment discrimination or bias at their workplace. In 2005, the United States Equal Employment Opportunity Commission (EEOC) received approximately 75,000 claims from employees alleging employment discrimination. To combat discrimination,... 2008
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24