AuthorTitleCitationSummaryYear
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
Daniel B. Wright , Catherine E. Boyd , Colin G. Tredoux , University of Sussex, University of Bristol and University of Cape Town, University of Cape Town A Field Study of Own-race Bias in South Africa and England 7 Psychology, Public Policy, and Law 119 (March, 2001) In shopping centers in South Africa and England, Black and White people were approached by either a Black or a White confederate. Later they were asked to identify the confederate from both a sequential lineup, where photographs are seen one at a time, and a forced-choice recognition test, where photographs are seen simultaneously. In both... 2001
Harold S. Lewis, Jr. Affirmative Distraction: Race Preference and Bias in the New South 9 Journal of Southern Legal History Hist. 1 (2001) The forms of affirmative action most widely condemned today involve some degree of preference based on race, gender, or national origin. We can put to one side outreach programs designed simply to enlarge the pool from which to recruit qualified minority applicants. Those are widely supported by an overwhelming majority of Americans .. Rather,... 2001
Sandy Mastro Courtroom Bias: Gender Discrimination Against Pregnant Litigators 8 William and Mary Journal of Women and the Law 155 (Fall, 2001) We need to recognize difference among women as diversity rather than division, and difference between women and men as opportunity rather than danger. With a mass of literature and scholarly writing on topics ranging from gender discrimination to affirmative action, the single fact remains throughout all legal thought that men and women are... 2001
Martha Chamallas Deepening the Legal Understanding of Bias: on Devaluation and Biased Prototypes 74 Southern California Law Review 747 (March, 2001) The limits of contemporary antidiscrimination law are exceedingly narrow. There is a wide gulf between conduct that may be popularly regarded as racist or sexist and that which is prohibited by law, regardless of whether we focus on constitutional mandates or on the somewhat broader reach of important antidiscrimination laws, such as Title VII of... 2001
  Gender Bias in the Courts of the Commonwealth Final Report 7 William and Mary Journal of Women and the Law 705 (Spring, 2001) Submitted to: The Judicial Council of Virginia Chief Justice Harry L. Carrico, Chair Submitted by: The Gender Bias in the Courts Task Force October 2000 Gender Bias in the Courts Task Force Chair The Honorable Elizabeth B. Lacy Justice Supreme Court of Virginia Members Susan G. Anderson Virginia National Organization for Women Blacksburg Susan... 2001
Bernard P. Haggerty, J.D., LL.M. Hate Crimes: a View from Laramie, Wyoming's First Bias Crime Law, the Fight Against Discriminatory Crime, and a New Cooperative Federalism 45 Howard Law Journal L.J. 1 (Fall 2001) While hate crime scholarship is not new, the last few years have seen a series of highly publicized hate crimes in the United States. We know some by the names of the victims, like Matthew Shepard, James Byrd, Jr., and Billy Jack Gaither, and others by the name of the perpetrator, like Buford Furrow. Regardless of whether hate crimes have increased... 2001
Blake D. Morant Introductory Essay: the Relevance of Gender Bias Studies 58 Washington and Lee Law Review 1073 (Summer, 2001) The work of this study is of abiding importance. It struck me that justice is a woman, but she's been notoriously blind to the subtle but deeply entrenched prejudices that are found in the legal system . . . . Gender issues in legal education are of profound importance to our society and no less critical, of course, is the study of gender bias... 2001
Kimberlianne Podlas Please Adjust Your Signal: How Television's Syndicated Courtrooms Bias Our Juror Citizenry 39 American Business Law Journal L.J. 1 (Fall, 2001) The law has long been fictionalized on television. Yet, in the last decade, networks have added the reality programming of real trials to their repertoire. As demonstrated by ratings, the most popular reality legal fare is the syndicated television courtroom, i.e., Judge Judy and The People's Court. It is unknown, however, what impact these... 2001
Leah M. Perkins Public Hearings Underway to Examine Bias in the Judicial System 3 No. 2 Lawyers Journal J. 6 (January, 2001) On October 15, 1999, Chief Justice of the Pennsylvania Supreme Court John P. Flaherty announced the inception of the Supreme Court's Committee on Racial and Gender Bias. I am pleased that Pennsylvania is taking this step, and look forward to a review of these issues that promises to be both productive and enriching, Flaherty said. This is... 2001
Roger Michel Jr. Punishing Hate: Bias Crimes under American Law, by Frederick M. Lawrence (Harvard University Press, 1999), 269 Pages. 85 Massachusetts Law Review 142 (Winter, 2001) Jay Scott Ballinger, a self-described missionary of Lucifer, burned at least twenty-six churches in eight states during the 1990s. Most housed primarily minority congregations. On November 14, 2000, Ballinger was sentenced by a federal district court judge in Indianapolis to forty-two years in prison, and ordered to pay $3.6 million in... 2001
René Bowser Racial Bias in Medical Treatment 105 Dickinson Law Review 365 (Spring 2001) There is absolutely no doubt that Mr. North [a Black patient] is treated differently than my White, middle-class patients are treated . . . Every time I send him to a new consultant, I call ahead with an introduction. I tell them how smart Mr. North is, how compliant he is with every aspect of his treatment, and how he knows so much about his... 2001
Julie Goldscheid , Risa E. Kaufman Seeking Redress for Gender-based Biascrimes--charting New Ground in Familiar Legal Territory 6 Michigan Journal of Race and Law 265 (Spring 2001) Efforts to incorporate gender-based bias crimes into hate crime schemes have been met with both great progress and discouraging setbacks in recent years. While it should seem self-evident that gender animus can trigger bias-motivated violence much like attacks based on other forms of prejudice, legal recognition of gender-motivated violence as a... 2001
Lisa A. Wilson , David H. Taylor Surveying Gender Bias at One Midwestern Law School 9 American University Journal of Gender, Social Policy and the Law 251 (2001) [I]f we accept the idea that the law is aimed at correcting inequities, shouldn't it follow that lawyers and therefore the law schools should be the ones most adept at recognizing and correcting those inequities? The graduating class of 1997 entered Northern Illinois University College of Law (hereinafter College of Law or NIUCOL) with 51%... 2001
Anthony Peirson Xavier Bothwell The Law School Admission Test Scandal: Problems of Bias and Conflicts of Interest 27 Thurgood Marshall Law Review Rev. 1 (Fall, 2001) This article argues that the Law School Admission Test (LSAT) is inherently and unfairly biased against racial minorities. It further argues that the white-dominated institution that administers the test has been tainted by a history of apparent or actual financial conflicts of interest. The author concludes that the LSAT should be abolished and... 2001
Richard F. Storrow The Policy of Family Privacy: Uncovering the Bias in Favor of Nuclear Families in American Constitutional Law and Policy Reform 66 Missouri Law Review 527 (Summer 2001) C1-3Table of Contents I. Introduction. 527 II. Family Privacy. 532 A. The Origins of Family Privacy. 536 B. The Limits of Family Privacy. 539 C. The Legacy of Family Privacy. 545 III. Individual Privacy. 550 A. From Griswold to Hardwick. 551 B. Abortion and Glucksberg. 559 1. Roe and Its Progeny. 559 a. Spousal Notification and Consent. 562 b.... 2001
Christian A. Meissner, John C. Brigham , Florida State University Thirty Years of Investigating the Own-race Bias in Memory for Faces a Meta-analytic Review 7 Psychology, Public Policy, and Law L. 3 (March, 2001) The current article reviews the own-race bias (ORB) phenomenon in memory for human faces, the finding that own-race faces are better remembered when compared with memory for faces of another, less familiar race. Data were analyzed from 39 research articles, involving 91 independent samples and nearly 5,000 participants. Measures of hit and false... 2001
Dennis G. Vatsis Throwaway Dads 80-SEP Michigan Bar Journal 55 (September, 2001) The title of this article is taken from Throwaway Dads, a book that captures the gender bias against fathers in Michigan's child custody determinations. This gender discrimination is evident in both friend of the court custody recommendations and in final court dispositions in divorce actions. The anecdotal evidence is undeniable and demonstrates a... 2001
Samuel R. Sommers, Phoebe C. Ellsworth , University of Michigan White Juror Bias 7 Psychology, Public Policy, and Law 201 (March, 2001) Racial prejudice in the courtroom is examined through a historical sketch of racism in the legal system, a review of psychological research on White juror bias, and a study investigating White mock jurors' judgments of a fictional trial summary. The central hypothesis is that salient racial issues at trial activate the normative racial attitudes... 2001
Harlan Hahn Accommodations and the Ada: Unreasonable Bias or Biased Reasoning? 21 Berkeley Journal of Employment and Labor Law 166 (2000) Among the cleavages marked by gender, age, race or ethnicity, and sexual orientation that divide members of modern society, perhaps few schisms have produced more superficial agreement--and more covert conflict--than the faint, wavering, but ineluctable line that separates self-identified persons with disabilities and the dominant or supposedly... 2000
Kari M. Dahlin Actions Speak Louder than Thoughts: the Constitutionally Questionable Reach of the Minnesota Cle Elimination of Bias Requirement 84 Minnesota Law Review 1725 (June, 2000) Submission to elimination of bias training is a precondition to the licensed practice of law in Minnesota. The Minnesota Supreme Court requires that all lawyers attend two hours of elimination of bias training every three years to fulfill their continuing legal education (CLE) requirements. The requirement exists to educate attorneys to identify... 2000
William S. Neilson , , Harold Winter Bias and the Economics of Jury Selection 20 International Review of Law & Economics 223 (June, 2000) In considering the expected social loss of the jury process, we investigate the role of peremptory challenges based on observable juror characteristics such as race or gender. The effectiveness of peremptory challenges depends on the relative social costs of incorrect verdicts and hung juries, and on jury pool population demographics. Some of our... 2000
Sharon Carton Book Review Punishing Hate: Bias Crimes under American Law 92 Law Library Journal 353 (Summer, 2000) ¶1 Before society's current emphasis on precision in speech, we used to call attacks on individuals for no reason other than their ethnicity hate crimes. Today, scholars prefer the term bias crimes for the same phenomenon, thus underscoring the unhappy fact that these acts of physical and emotional brutality do not necessarily stem from... 2000
Ann M. Anderson Clarifying North Carolina's Ethnic Intimidation Statute and Penalty Enhancement for Bias Crimes 78 North Carolina Law Review 2003 (September, 2000) Government officials, advocacy groups, and citizens themselves must keep the pressure on legislatures and courts to prevent a withdrawal from the goal of protecting all victims of hate crimes everywhere. Almost every state, including North Carolina, has enacted criminal laws to counteract violent conduct based on characteristics such as race,... 2000
Lisa Gelhaus Defendants May Ask Jury Panel about Racial Bias, Maryland Court Says 36-APR Trial 100 (April, 2000) Maryland's highest court has ruled that a trial judge erred by denying a defendant's request to ask prospective jurors specifically about racial bias, even though the crime had no racial overtones. In Hernandez v. Maryland, Maryland Court of Appeals Judge Lawrence Rodow-sky wrote, The trial court should have asked a question that was designed to... 2000
Bill Brooks, Media consultant and freelance writer Indianapolis, Ind. Delegates Recommend Bias Sanction, Court Expansion 44-DEC Res Gestae 21 (December, 2000) Members of the ISBA House of Delegates recommended at their 2000 annual meeting in October the adoption of a Fairness Rule and the expansion of the Supreme Court. Specifically, the House passed the following: · A recommendation that the Indiana Rules of Professional Conduct be amended to sanction conduct engendering bias or prejudice based on race,... 2000
Judith McConnell , Kathleen F. Sikora Gender Bias and the Institutionalization of Change Lessons from the California Experience 39 No. 3 Judges' Journal 12 (Summer, 2000) Editor's Note: This article continues the discussion of gender fairness and the law, which was introduced in The Judges' Journal's Spring 2000 special issue on Gender Issues and the Legal System. In January 1999, a California delegation of judges and attorneys attended the Gender Fairness Strategies: Maximizing Our Gains Invitational Conference... 2000
  Gender Bias Case Law 39 No. 2 Judges' Journal 48 (Spring, 2000) A female plaintiff successfully sued a male defendant in tort for infecting her with genital herpes. During plaintiff's pre-trial deposition she was asked to retrieve a document from her car. As she left the room one of the defendant's two male lawyers said she was going to meet [a]nother boyfriend at the car. When both of plaintiff's lawyersa... 2000
Kathryn Reed Edge Gender Bias Goes to Ground in Tennessee 39 No. 2 Judges' Journal 29 (Spring, 2000) How long has it been since you have heard a story about a judge telling a female lawyer that he did not need to hear from her but that she could sit in the courtroom and make it pretty? Or a judge who found female lawyers nice to look at except when they wore those high-necked shirts and long skirts? Or a judge who proposed a sexual... 2000
Akia Fox Hernandez V. State 30 University of Baltimore Law Forum 69 (Spring/Summer, 2000) The Court of Appeals of Maryland held that even in the absence of evidence suggesting potential bias, the trial court must ask specific voir dire questions regarding racial bias when requested to do so by counsel. Hernandez v. State, 357 Md. 204, 742 A.2d 952 (1999). The court opined that a trial court's refusal to racially particularize a voir... 2000
Frederick M. Lawrence Introduction 80 Boston University Law Review 1185 (December, 2000) In the United States, there is no federal hate crime law per se. Whether this will be true in a year--indeed whether this will still be true when this symposium appears in print--is an open question. Congress continues to debate hate crime proposals but as yet has not enacted such legislation. The questions raised by a federal hate crime law fall... 2000
12 13 14 15 16 17 18 19 20 21 22 23 24