AuthorTitleCitationSummaryYear
W. Kip Viscusi, Richard J. Zeckhauser Recollection Bias and the Combat of Terrorism 34 Journal of Legal Studies 27 (January, 2005) Survey respondents assessed the risks of terrorist attacks and their consequences and were asked how their assessments changed from before September 11 to the present. This paper analyzes those current and recollected risk assessments. More than half of the respondents exhibited what we label recollection bias: looking backward from 2002, 2003,... 2005
LaDonna Childress To Fulfill a Promise: Using Canons 3b(5) and 3b(6) of the Judicial Code of Conduct to Combat Sexual Orientation Bias Against Gay and Lesbian Criminal Defendants 34 Southwestern University Law Review 607 (2005) The promise of a fair trial is the most important promise that our judicial system makes. The key to realizing this promise is ensuring a judiciary free from the taint of bias or partiality. In fact, the protection of the integrity and dignity of the judicial process from judicial bias has been hailed as 'the palladium of our judicial system.... 2005
  Trumping the Race Card: Permitting Criminal Defendants to Remain Anonymous and Absent from Trial to Eliminate Racial Jury Bias 18 Georgetown Journal of Legal Ethics 1151 (Summer, 2005) It is close to unquestionable that an individual's race is a factor that affects the way in which he is perceived and treated by many Americans. There is ample evidence that this fact extends into the criminal justice system in the United States. It is widely believed that the race of a defendant may exert an influence on a juror's perception of... 2005
Audrey J. Lee Unconscious Bias Theory in Employment Discrimination Litigation 40 Harvard Civil Rights-Civil Liberties Law Review 481 (Summer, 2005) Deborah, an African American woman, worked as an administrative assistant for her employer for several years. She consistently received positive performance reviews until she came under the supervision of a new administrative director, Joan, who is white. One of only a handful of minority employees, Deborah became subjected to increased scrutiny by... 2005
Robert E. Thomas, Bruce Louis Rich Under the Radar: the Resistance of Promotion Biases to Market Economic Forces 55 Syracuse Law Review 301 (2005) Introduction. 302 I. Economic Models of Discrimination. 306 A. Full and Incomplete-Information Economic Models of Discrimination. 306 B. Market-Failure Criticisms. 309 II. Discrimination in Managerial Promotion Labor Markets. 315 A. The Non-Sustainability of Discrimination in Entry-Level Labor Markets. 315 B. Theoretical Overview. 318 C.... 2005
Ronald Chen , Jon Hanson Categorically Biased: the Influence of Knowledge Structures on Law and Legal Theory 77 Southern California Law Review 1103 (September, 2004) I. INTRODUCTION. 1106 A. Five Exemplars. 1111 1. The Punch Line. 1111 2. A Riddle. 1113 3. The Category of Woman . 1114 4. Hitler's Jews . 1118 5. The Economic Approach to Law. 1122 B. Cognitive Themes. 1125 C. This Article in Context. 1129 II. SCHEMAS, CATEGORIES, AND HUMAN COGNITION. 1131 A. Introduction. 1131 B. Schemas Categorized. 1133 1.... 2004
William J. Bowers , Marla Sandys , Thomas W. Brewer Crossing Racial Boundaries: a Closer Look at the Roots of Racial Bias in Capital Sentencing When the Defendant Is Black and the Victim Is White 53 DePaul Law Review 1497 (Summer 2004) In 1976, the United States Supreme Court assumed in Gregg v. Georgia and companion cases that the reformed capital statutes of Georgia, Florida, and Texas would remedy the ills, including the risk of racial bias in sentencing that made the application of the death penalty unconstitutional according to Furman v. Georgia. Yet studies of sentencing... 2004
Leah V. Durant Gender Bias and the Legal Profession: a Discussion of Why There Are Still So Few Women on the Bench 4 Margins: Maryland's Law Journal on Race, Religion, Gender, and Class 181 (Spring, 2004) Since 1869, the year in which the first woman was licensed to practice law, women have made great strides in increasing their presence within the legal profession. Today, although women comprise nearly 30% of lawyers and roughly 50% of all incoming law students, women remain underrepresented in positions most associated with status and power within... 2004
Tobin A. Sparling Judicial Bias Claims of Homosexual Persons in the Wake of Lawrence V. Texas 46 South Texas Law Review 255 (Winter 2004) I. Introduction. 255 II. The ABA Model Code of Judicial Conduct. 257 III. Bowers and Lawrence. 260 IV. The Potential Effects of Lawrence Upon Cases Involving Judicial Bias Toward Homosexual Persons. 272 A. Bowers and the Standard of Review for Judicial Bias Claims. 274 B. Irrelevant Consideration of Homosexuality. 279 C. Bias in Family Law Cases.... 2004
Charles Delafuente Jury Pool Had Permission to Lie, Committee Charges 3 No. 2 ABA Journal E-Report E-Report 4 (January 16, 2004) The judge says his was an effort to prevent racial bias from tainting jury verdicts. But telling sworn potential jurors they could give an excuse to get out of jury duty rather than announce their own prejudices was too much for a state judicial discipline committee. The unusual charges involve Joseph W. O'Flaherty, superior court judge in Placer... 2004
Brian Wojtalewicz Latent Bias and the Challenge of Civil Voir Dire 61-FEB Bench and Bar of Minnesota 18 (February, 2004) Do any of you folks have opinions about injury lawsuits? Go ahead, raise your hand if you do. No hands were raised, but a mechanic sitting in the front row of the panel shifted in his seat and his face held a clue. Sir, how about you? Yeah, but I don't know if you really want to know. Oh, sure I do. Well then, okay, I think these things are... 2004
Jennifer Ellis Lattimore Life after Lawrence V. Texas: an Examination of the Decision's Impact on a Homosexual Parent's Right to Custody of His/her Own Children in Virginia 15 George Mason University Civil Rights Law Journal 105 (Winter 2004) The 2000 United States Census identified more than 600,000 households containing same-sex partners living in 99.3% of the counties in America. Almost 14,000 of these households are in the Commonwealth of Virginia, which has experienced a 350% increase in same-sex households between 1990 and 2000. These households often consist of families who,... 2004
Jesse Nason Mandatory Voir Dire Questions in Capital Cases: a Potential Solution to the Biases of Death Qualification 10 Roger Williams University Law Review 211 (Fall 2004) Given the important, delicate, and complex nature of the death qualification process, there can be no substitute for thorough and searching inquiry . . . . The above quotation emphasizes the importance of voir dire in a capital case. Because of the gravity of the death penalty as an available punishment, courts should do everything possible to... 2004
Tracy Carbasho, For The Lawyers Journal Women in the Law Division Subcommittee to Help Eliminate Gender Bias in County 6 No. 9 Lawyers Journal J. 4 (April 30, 2004) The gender bias subcommittee of the ACBA Women in the Law Division is so good at keeping information confidential that few people know the group exists. A lot of women might be afraid to come forward because they don't want to become entangled in a situation, but we keep all of our information confidential, said Rhoda Shear Neft, subcommittee... 2004
Robert A. Stein Working to Wipe out Bias 90-JAN ABA Journal 63 (January, 2004) Improving the administration of justice throughout America is at the center of the mission of the American Bar Association. While nearly all ABA entities work to advance this objective in various ways, it is particularly reflected in the programs of the ABA Council on Racial and Ethnic Justice. The goal of the council, chaired this year by Charles... 2004
Lorraine Bannai, Anne Enquist (Un)examined Assumptions and (Un)intended Messages: Teaching Students to Recognize Bias in Legal Analysis and Language 27 Seattle University Law Review Rev. 1 (Summer 2003) Sam was a typical law student--a 23-year-old white male, from the middle of America geographically and now in the middle of the class academically. Not satisfied with the B grades he had been earning in his first-year legal writing course, he came in for an appointment to discuss the objective office memorandum he was writing. The assignment was... 2003
Robert A. Prentice , Jonathan J. Koehler A Normality Bias in Legal Decision Making 88 Cornell Law Review 583 (March, 2003) It is important to understand how legal fact finders determine causation and assign blame. However, this process is poorly understood. Among the psychological factors that affect decision makers are an omission bias (a tendency to blame actions more than inactions [omissions] for bad results), and a normality bias (a tendency to react more strongly... 2003
Sarah E. Larson An Examination of the Broad Scope of the Federal Arbitration Act and Binding Mandatory Consumer Arbitration Agreements: Not the Answer to Racial Bias in the United States Legal System 24 Hamline Journal of Public Law and Policy 293 (Spring 2003) A thirty-year old Asian-American man enters into a contract to purchase a new vehicle. Deep within the purchase agreement, there is a clause that states any claim or controversy arising out of the contract will be sent to arbitration. The man cannot speak English. He meets with an interpreter who goes through the contract very quickly. He... 2003
Lynn A. Marks, Roberta D. Liebenberg, Shira J. Goodman Assault on Bias: Committee Offers Steps to Improve System 5 No. 24 Lawyers Journal J. 8 (November 28, 2003) After nearly four years of comprehensive research, study and analysis, the Pennsylvania Supreme Court's Committee on Racial and Gender Bias in the Justice System issued its final report in March 2003. While the committee found that there were many positive things about the judicial system, it also concluded that racial, gender, and ethnic bias... 2003
Anuj C. Desai Attacking Brandenburg with History: Does the Long-term Harm of Biased Speech Justify a Criminal Statute Suppressing It? 55 Federal Communications Law Journal 353 (March, 2003) I. Introduction. 354 II. Definitional Problems with the Phrase Hate Speech . 358 III. History, Causation, and Biased Speech. 362 A. Historiographical Debates About the Causes of the Holocaust and American Slavery. 362 B. Causation Theory and the Claim that Biased Speech Causes Long-Term Harm. 367 C. The Need for Comparative Analysis. 373 IV.... 2003
Molly McDonough Barring Bias 2 No. 4 ABA Journal E-Report 4 (January 31, 2003) When Bernina Mata stood trial in 1999 for fatally stabbing a man who had made a pass at her, Illinois prosecutors called 10 witnesses to establish that she was a lesbian. They showed jurors books from her shelves, including Best Lesbian Reading, Homosexuality and Call Me Lesbian. The prosecutor argued throughout the case that Mata, as a hardcore... 2003
William T. Bielby Can I Get a Witness? Challenges of Using Expert Testimony on Cognitive Bias in Employment Discrimination Litigation 7 Employee Rights and Employment Policy Journal 377 (2003) I. Introduction. 377 II. Gender Stereotyping, Subjective Decision-Making, and Accountability. 379 III. Judges as Gatekeepers: When Is Testimony About Gender Stereotyping and Cognitive Bias Admissible in Discrimination Litigation?. 383 IV. Challenging Expert Testimony on Stereotyping and Cognitive Bias. 385 V. Can I Get a Witness? Lessons for... 2003
Eric Tischler 'Color Bias' Cases Gain Momentum 39-OCT Trial 70 (October, 2003) The flurry of national press that followed the settlement of a recent Georgia color bias case illustrated how obscure such claims have beenuntil now. Unlike traditional race discrimination claims, color-bias cases typically involve plaintiffs and defendants of the same race who have different skin tones. Even Black's Law Dictionary, in its... 2003
Alexander Tsesis Contextualizing Bias Crimes: a Social and Theoretical Perspective 28 Law and Social Inquiry 315 (Winter 2003) Frederick M. Lawrence. Punishing Hate: Bias Crimes under American Law. Cambridge, Mass.: Harvard University Press, 1999. Pp. IX-269. $18.95 Paper. Most states have adopted bias crime statutes that enhance the penalties of convicted persons whose wrongdoing was motivated by prejudice against a group with salient characteristics. Nevertheless, some... 2003
Molly McDonough Damaging Disrespect 89-DEC ABA Journal 56 (December, 2003) In the past decade or so, more than 40 jurisdictions in the United States have created task forces or working groups to identify ways to eliminate, or at least reduce, bias in the nation's courtrooms. Among their efforts, those task forces have produced various studies of how those who come into contact with the justice system are affected by the... 2003
Frederick M. Lawrence Enforcing Bias-crime Laws Without Bias: Evaluating the Disproportionate-enforcement Critique 66-SUM Law and Contemporary Problems 49 (Summer 2003) Beware the critique based in a desire to protect the audience from itself. One of the standard arguments asserted by those who have challenged the efficacy, propriety, and legality of bias-crime laws is that these laws will harm the very people they are designed to protect. This disproportionate-enforcement critique argues that bias-crime laws, as... 2003
Mary Crossley Infected Judgment: Legal Responses to Physician Bias 48 Villanova Law Review 195 (2003) Over the course of more than two decades, a physician prescribed daily insulin injections for an African-American woman with diabetes. The physician prescribed only one injection per day for the woman, despite accumulating medical evidence that two or even more injections per day would better control the diabetes. The physician did not order... 2003
Marc R. Poirier Is Cognitive Bias at Work a Dangerous Condition on Land? 7 Employee Rights and Employment Policy Journal 459 (2003) I. Introduction. 459 II. Terminology. 465 III. Negligent Discrimination. 471 A. David Oppenheimer's Argument. 471 B. One Version of Negligent Liability: A Negligently Hits B. 473 C. Negligent Discrimination as Industrial Accident. 475 D. Another Possibility: Cognitive Bias as a Dangerous Condition on Land. 478 IV. Workplace Reproduction of Gender... 2003
Kendra Johnson Racially Bias Sat I/act Blocks College Access: Is it Constitutional for College Officials to Condition Admission on a Racially Bias Assessment? 33 University of Baltimore Law Forum L.F. 2 (Spring, 2003) University of California President Richard Atkinson advances verbal analogy questions: DRAPERY is to FABRIC as (pick one) fireplace is to wood; curtain is to stage; shutter is to light; sieve is to liquid; window is to glass. These questions comes from the SAT I exam that 1.3 million college applicants take every year. SAT I questions are not that... 2003
Donna Gerson Report on Race and Gender Bias in the Justice System 25-FEB Pennsylvania Lawyer 19 (January/February, 2003) Imagine being a native Spanish speaker with limited English language skills. After being brutally assaulted by your boyfriend, you file for protection from abuse. Your pro bono lawyer does not speak Spanish and you're unable to explain your situation fully. During the final hearing, the judge realizes you need a translator. Unfortunately, the court... 2003
Gail L. Heriot , Christopher T. Wonnell Standardized Tests under the Magnifying Glass: a Defense of the Lsat Against Recent Charges of Bias 7 Texas Review of Law and Politics 467 (Spring 2003) I. Introduction. 468 II. An Overview of Kidder's Argument. 470 III. Unequal LSAT Scores Among Candidates with Equal Undergraduate GPAs. 472 IV. Larger White/Minority Performance Gaps on the LSAT than in Law School Grades. 475 V. Conclusion. 483 2003
Ward Farnsworth The Legal Regulation of Self-serving Bias 37 U.C. Davis Law Review 567 (December, 2003) I. The Normative Evaluation of Self-Serving Biases. 569 A. Bias, Knowledge, and Preferences. 570 B. Advantages of Bias. 574 C. Example: A Civil Action. 579 II. Tools for Managing Bias. 580 A. Personal Solutions: Reeducation. 581 B. Penalizing Bias. 586 C. Separating Biased Parties From Decisions. 588 D. Structural Solutions: Reducing the Occasions... 2003
Joseph W. Rand Understanding Why Good Lawyers Go Bad: Using Case Studies in Teaching Cognitive Bias in Legal Decision-making 9 Clinical Law Review 731 (Spring 2003) This Article examines the impact of characteristic weaknesses of human reasoning on legal decision-making, and the ways that we can help our students to recognize and protect themselves against these cognitive limitations. The Article first reviews and explains the well established empirical findings in cognitive psychology on how cognitive... 2003
Phillip W. Broadhead Why Bias Is Never Collateral: the Impeachment and Rehabilitation of Witnesses in Criminal Cases 27 American Journal of Trial Advocacy 235 (Fall 2003) In this Article, Professor Broadhead discusses the qualified exceptions in the federal and states rules of evidence to the limitations on direct and collateral impeachment of biased, untruthful, or misleading witnesses through the use of extrinsic evidence during cross examination For two centuries past, the policy of the Anglo-American system of... 2003
Marla N. Greenstein Without Bias or Prejudice 42 No. 3 Judges' Journal 34 (Summer, 2003) Our legal system is based on the principle that an independent, fair and competent judiciary will interpret and apply the laws that govern us. The role of the judiciary is central to American concepts of justice and the rule of law. Intrinsic to all sections of this Code are the precepts that judges, individually and collectively, must respect and... 2003
Allison Marston Danner Bias Crimes and Crimes Against Humanity: Culpability in Context 6 Buffalo Criminal Law Review 389 (2002) Nine years after the Supreme Court's watershed decision in Wisconsin v. Mitchell, the dust has settled on the heated debates that enlivened courtrooms and law review articles over whether bias crime statutes violate the First Amendment because they impermissibly punish unpopular viewpoints. Proponents of bias crime legislation have additionally won... 2002
David C. Pulice, Esq. Committee on Racial and Gender Bias Continues to Make Progress 4 No. 6 Lawyers Journal J. 7 (March 22, 2002) Just over two years ago, the Pennsylvania Supreme Court announced the creation of the Supreme Court Committee on Racial and Gender Bias in the Justice System. The committee was formed to study whether the manner in which participants are treated in the state court system varies on the basis of their race, ethnicity or gender. The committee will... 2002
  Criminal Procedure--waiver of Constitutional Rights--second Circuit Vacates Convictions on Grounds of Juror Bias and Collusion Between Parties and Trial Court to Achieve Racially Balanced Jury.--united States V. Nelson, 277 F.3d 164 (2d Cir. 2002). 115 Harvard Law Review 2325 (June, 2002) In 1986 the Supreme Court held in Batson v. Kentucky that it is unconstitutional for the prosecution to strike potential jurors peremptorily on the basis of race, and that a conviction returned by such a discriminatorily selected jury must be overturned. Although the Court has since extended Batson to peremptories exercised by defense counsel, it... 2002
Amelia Craig Cramer Discovering and Addressing Sexual Orientation Bias in Arizona's Legal System 11 American University Journal of Gender, Social Policy and the Law 25 (2002) I. What Led the State Bar of Arizona to Establish the Task Force on Gay and Lesbian Issues. 25 II. How the Task Force Was Established. 26 III. The Task Force Surveys. 27 IV. Results of the Surveys. 30 A. Responses to the Surveys' Content. 30 B. Reports of Hostile Environment. 31 C. Reports of Negative Treatment. 31 D. Admitted Deficits in Knowledge... 2002
Beth Loy, Ph.D. Exploring a "Non-traditional" Contender in the Battle for Equitable Justice: Introducing Economic Welfare Bias 11 Kansas Journal of Law & Public Policy 395 (Winter 2002) The existence of certain judicial biases is widely accepted, as is the source of these biases: bigotry. The exploration of more covert biases and the factors that stimulate them, however, remains untouched. One bias, rooted heavily in modern day capitalism, and its potential impact on the federal judiciary has been overlooked. This paper introduces... 2002
Victor L. Streib Gendering the Death Penalty: Countering Sex Bias in a Masculine Sanctuary 63 Ohio State Law Journal 433 (2002) American death penalty laws and procedures persistently minimize cases involving female capital offenders. Recognizing some benign explanations for this disparate impact, Professor Streib nonetheless sees the dearth of female death penalty trials, death sentences, and actual executions as signaling sex bias throughout the death penalty system. In... 2002
Betty Tsamis House Bill 1114: Eliminating Biased Policing 31-JUL Colorado Lawyer 127 (July, 2002) This article provides information on biased policing and liability associated with House Bill 01-1114, which deals with prohibiting profiling in law enforcement traffic stops. On June 5, 2001, Governor Owens signed into law House Bill 01-1114 (H.B. 1114), which enacted CRS §§ 24-31-309 and 42-4-115. H.B. 1114 prohibits profiling by peace... 2002
Thomas Scarlett Increased Use of 1866 Law Seen in Race Bias Cases 38-JAN Trial 16 (January, 2002) Civil rights lawyers looking for more effective tools in discrimination cases have been turning with increasing frequency to the Civil Rights Act of 1866 (42 U.S.C. §1981), which guarantees the right to make and enforce contracts regardless of race. The Reconstruction-era law can be more useful in some cases than the 1964 Civil Rights Act,... 2002
Paul R. Tremblay Interviewing and Counseling Across Cultures: Heuristics and Biases 9 Clinical Law Review 373 (Fall 2002) Increasingly in recent years, critics and commentators have noted the importance of the role of culture within the lawyering process. Lawyers now understand better than they used to that culture matters in their day to day work with clients, and that not all cultures share the same habits, customs, values, traditions and preferences. This article... 2002
Pamela D. Bridgewater, Brenda V. Smith Introduction to Symposium: Homophobia in the Halls of Justice: Sexual Orientation Bias and its Implications Within the Legal System 11 American University Journal of Gender, Social Policy and the Law 1 (2002) The gay moment is unavoidable. -Andrew Kopkind Gay activist, journalist and political commentator Andrew Kopkind made this profound observation at a critical moment in the queer rights movement, in the midst of the March on Washington, pride rallies, queer organizing and the ever strengthening movement to address the AIDS crisis within the queer... 2002
Vicki Lawrence MacDougall Medical Gender Bias and Managed Care 27 Oklahoma City University Law Review 781 (Fall 2002) I. Introduction II. A Wrong Without a Remedy A. Constitutional Attacks 1. Section 1985 2. The Equal-Protection Clause B. Personal Injury Actions 1. Medical Negligence Actions 2. The Doctrine of Informed Consent C. Legislation III. Medical Gender Bias A. The Genesis of Gender Bias B. The Gender Gap in Modern Medicine 1. Medical and Scientific... 2002
Amber McGovern Neutralizing Media Bias Through the Fcc 12 DePaul-LCA Journal of Art and Entertainment Law 217 (Spring 2002) Stereotyping is one step beyond the initial stage of sheer invisibility that minorities have to move through on their way to even token representation. One of the most dominant influences on American society is television. Ninety-eight percent (98%) of American households have at least one television. Sixty-seven percent (67%) have two or more... 2002
William E. Martin , Peter N. Thompson Removing Bias from the Minnesota Justice System 59-AUG Bench and Bar of Minnesota 16 (August, 2002) Nothing marginalizes groups in American society more than unfair treatment in the justice system. Justice is not a privilege for the special few but a right of all. Unfortunately, the racial, ethnic and cultural biases that continue to fester in American society find their way too often into the American legal system. Bias in the Minnesota justice... 2002
Joseph Vitale The Evolution of New Jersey's Bias Crime Law 26 Seton Hall Legislative Journal 363 (2002) I. INTRODUCTION. 363 II. NEW JERSEY'S ORIGINAL HATE CRIMES LAW. 364 III. BACKGROUND OF APPRENDI V. NEW JERSEY, 530 U.S. 466 (2000). 364 IV. APPRENDI V. NEW JERSEY, 530 U.S. 466 (2000). 368 V. FIXING NEW JERSEY'S BIAS CRIME LAW: ENACTING SENATE BILL . 1897369 VI. CONCLUSION. 371 In the landmark case, Apprendi v. New Jersey, 530 U.S. 466 (2000), the... 2002
Kimberly A. Lonsway, Leslie V. Freeman, Lilia M. Cortina, Vicki J. Magley, Louise F. Fitzgerald Understanding the Judicial Role in Addressing Gender Bias: a View from the Eighth Circuit Federal Court System 27 Law and Social Inquiry 205 (Spring 2002) The role of trial judges in the litigation process is frequently debated. Are judges to be dispassionate adjudicators, disengaged referees in a sport in which attorneys compete? Or are they charged with a more active role in promoting the substance, form, and process of justice? In the present paper, we explore the judicial role in addressing... 2002
12 13 14 15 16 17 18 19 20 21 22 23 24