| Author | Title | Citation | Summary | Year |
| 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 |
| Judith Berkan |
Mano Dura - Official Police Department Bias Takes a Hit |
69 Revista Juridica Universidad de Puerto Rico 1267 (2000) |
We can't have hybrids on the Police Force; we need real men and women. So stated the head of the Frente Unido de Policías Organizados, one of the principal associations grouping police officers in Puerto Rico. We can't have mano dura against crime if we have officers with limp hands. Such was the expression of the Superintendent of Police, as... |
2000 |
| Kenneth W. Simons |
On Equality, Bias Crimes, and Just Deserts |
91 Journal of Criminal Law and Criminology 237 (Fall 2000) |
Much of the appeal of retributive theories of criminal law flows from what they are not. Most importantly, they are not utilitarian, consequentialist, deterrence-oriented theories. They do not allow punishment of the innocent in order to serve a large social good. They do not permit selecting an offender for extremely harsh punishment by lottery,... |
2000 |
| William C. Kidder |
Portia Denied : Unmasking Gender Bias on the Lsat and its Relationship to Racial Diversity in Legal Education |
12 Yale Journal of Law & Feminism 1 (2000) |
At nearly every stage of their development women attorneys incorrectly believed that once they themselves had proven their competence, acceptance for women in the next generation would be assured. . . . What they failed to realize . . . was that they long ago had proven their competence and that there really were unspoken, undefined, invisible... |
2000 |
| Lana Chiariello Vernon |
Punishing Hate: Bias Crimes under American Law |
47-DEC Federal Lawyer 61 (November/December, 2000) |
By Frederick M. Lawrence Harvard University Press, Cambridge, MA, 1999. 267 pages, $39.25. In the wake of the tragic and brutal murders of Matthew Shepard and James Byrd Jr., our nation has been forced to examine whether laws against hate crimes are warranted. Most of us are now familiar with Matthew's and James' stories: Matthew was tied to a... |
2000 |
| Anthony M. Dillof |
Punishing Hate: Bias Crimes under American Law. By Frederick M. Lawrence. Cambridge: Harvard University Press. 1999. Pp. Xi, 269. $39.95. |
98 Michigan Law Review 1678 (May, 2000) |
The war against bias crimes is far from finished. In contrast, the battle over bias-crime laws is largely over. Bias-crime laws, as commonly formulated, increase the penalties for crimes motivated by bias. The Supreme Court has held that such laws do not violate the First Amendment. Virtually every state has enacted some sort of bias-crime law.... |
2000 |
| Anthony M. Dillof |
Putting Hate in its Place: the Codification of Bias Crime Laws in a Model Penal Code |
4 Buffalo Criminal Law Review 341 (2000) |
Begun in 1952 and completed in 1962, the drafting of the Model Penal Code (M.P.C.) constituted an unparalleled stride forward in the development of the criminal law. Since 1962 however, our society, crime, and our society's perception of crime have changed. With the benefit of hindsight, certain provisions of the Model Penal Code appear ill... |
2000 |
| John E. Hunter and Frank L. Schmidt , Michigan State University, University of Iowa |
Racial and Gender Bias in Ability and Achievement Tests Resolving the Apparent Paradox |
6 Psychology, Public Policy, And Law 151 (March, 2000) |
The study of potential racial and gender bias in individual test items is a major research area today. The fact that research has established that total scores on ability and achievement tests are predictively unbiased raises the question of whether there is in fact any real bias at the item level. No theoretical rationale for expecting such bias... |
2000 |
| Lu-in Wang |
Recognizing Opportunistic Bias Crimes |
80 Boston University Law Review 1399 (December, 2000) |
Introduction. 1399 I. Limitations of Federal Law. 1401 A. The Federal Civil Rights Statutes. 1401 B. The Federal Hate Crimes Sentencing Enhancement Act. 1404 II. Limitations of Hate Crime Penalty Enhancement: The Racial Animus Approach.. 1405 III. Recognizing Opportunistic Bias Crimes: A Suggestion From Federal Law. 1418 A. Applying the Federal... |
2000 |
| |
Report of the First Circuit |
9 Boston University Public Interest Law Journal 173 (Spring, 2000) |
L1-6,T1Steering Committee. .178 L1-6,T1Gender Bias Task Force. .178 L1-6,T1Race and Ethnic Bias Task Force. .178 L1-6,T1Acknowledgments. .179 L1-6,T1Executive Summary. .180 L1-6,T1Introduction. .184 A. L3-6,T3Preface. .184 B. L3-6,T3Background. .184 C. L3-6,T3Research Methods. .187 1. L4-6,T4Court Employees. .188 2. L4-6,T4Court Users. .189 3.... |
2000 |
| Patricia Ammari |
Sentence and Punishment: Enhance Sentences for Crimes in Which the Trier of Fact Determines by a Reasonable Doubt That the Defendant Intentionally Selected Any Victim or Property as the Object of the Offense Because of Bias or Prejudice; Provide Procedure |
17 Georgia State University Law Review 134 (Fall, 2000) |
Code Sections: O.C.G.A. §§ 17-10-17 to -19 (new) Bill Number: SB 390 Act Number: 486 Georgia Laws: 2000 Ga. Laws 224 Summary: The Act provides enhanced sentences in cases in which the trier of fact determines that the defendant intentionally selected a victim or property as the object of an offense because of bias or prejudice. The Act requires the... |
2000 |
| Amelia Craig Cramer and Amy Todd |
Sexual Orientation in Bias, Arizona's Legal System |
37-OCT Arizona Attorney 37 (October, 2000) |
Do openly gay and lesbian attorneys practicing law in Arizona encounter discrimination in the courtroom, or is their sexual orientation a non-issue? Will the Arizona legal community enter the new millennium with a progressive and open-minded approach to diversity issues surrounding sexual orientation, or must gay and lesbian attorneys remain... |
2000 |
| Andrea L. Silverstein |
Standardized Tests: the Continuation of Gender Bias in Higher Education |
29 Hofstra Law Review 669 (Winter 2000) |
SAT scores capture a student's academic achievement no more than a student's yearbook photograph captures the full range of her experiences in high school. Just as the Manhattan Project had split the atom, the Educational Testing Service . . . would decode the mind. . . . ETS would measure all abilities, not just aptitude or intelligence. It would... |
2000 |
| |
Statement of the Anti-defamation League on Bias-motivated Crime and H.r. 1082--the Hate Crimes Prevention Act August 4, 1999 |
21 Chicano-Latino Law Review 53 (Spring 2000) |
The Anti-Defamation League (ADL) is pleased to provide testimony as the House Judiciary Committee conducts hearings on bias-motivated crime and H.R. 1082, the Hate Crimes Prevention Act (HCPA). This necessary legislation, introduced under the leadership of Representatives Conyers, Morella, Gephardt, Frank, and Forbes, would eliminate gaps in... |
2000 |
| Jennifer Gerarda Brown |
Sweeping Reform from Small Rules? Anti-bias Canons as a Substitute for Heightened Scrutiny |
85 Minnesota Law Review 363 (December, 2000) |
I. A Primer on Judicial Bias. 371 II. A Taxonomy of Judicial Bias on the Basis of Sexual Orientation. 377 A. Disrespect. 380 B. Distorting Findings of Fact: Positive Bias. 388 1. Judicial Notice. 396 2. Bad Empiricism. 405 3. When General Trumps Specific. 411 C. Distorting Application of Law: Normative Bias. 416 1. Law that Is Clearly Anti-Gay and... |
2000 |
| Frederick M. Lawrence |
The Case for a Federal Bias Crime Law |
16 National Black Law Journal 144 (1999-2000) |
The past twenty years have seen a revolution in the legal response to bias-motivated violence. Prior to 1980, Connecticut was the only state that criminalized bias crimes. Bias crime laws have become pervasive in American legal culture. Virtually every state now expressly criminalizes bias crimes. At the present time, however, there is no pure... |
2000 |
| Martha Chamallas |
The Disappearing Consumer, Cognitive Bias and Tort Law |
6 Roger Williams University Law Review Rev. 9 (Fall 2000) |
The term hidden curriculum is sometimes used by academics to describe an underlying structure beneath the catalogue listing of required and elective courses. In the hidden curriculum are the must-take courses, the courses which are considered to be the most important and central and which acquire a higher status as a result of their informal... |
2000 |
| Sarah G. Vincent |
The Hate Within Ourselves: Criminal Law's Attempt to Overcome Bias |
16 Harvard BlackLetter Law Journal 229 (Spring, 2000) |
Discussions about racism generally elicit sighs of weariness, but the mention of racially motivated crimes grabs the attention of everyone within hearing range. The average person knows about the civil rights movement and all the successes that accompanied its legal aftermath, but will dismiss the idea of racism existing except for the allegedly... |
2000 |
| Robert A. Prentice |
The Sec and Mdp: Implications of the Self-serving Bias for Independent Auditing |
61 Ohio State Law Journal 1597 (2000) |
Huge accounting firms, seeking to become one-stop shopping centers for clients, wish to add legal services to the audit, tax, information consulting, financial planning, litigation support, and other services they already provide-a phenomenon known as multi-disciplinary practice (MDP). MDP can aggravate problems already plaguing objectivity and... |
2000 |
| Gail D. Hollister |
Tort Suits for Injuries Sustained During Illegal Abortions: the Effects of Judicial Bias |
45 Villanova Law Review 387 (2000) |
SYMONE T., an eleven-year-old child, was raped in December 1987. On May 25, 1988 she learned that she was pregnant, and, on May 26, her mother took her to a hospital where Symone underwent an abortion. The abortion was illegal because Symone was 24.7 weeks pregnant. The abortionist allegedly performed the procedure negligently, causing Symone to... |
2000 |
| Roxanne Barton Conlin, Gretchen Jensen |
What, Me? Prejudiced? Absolutely Not! |
36-DEC Trial 20 (December, 2000) |
Almost no one thinks he or she is prejudiced. In fact, we all are. Jury selection must be conducted in a way that reveals the subtle and not-so-subtle biases held by the members of the venire. Jury selection is a crucial element in achieving a fair result for your client. Without an impartial jury, the best representation and facts may not win the... |
2000 |
| Cecil R. Reynolds , Texas A&M University |
Why Is Psychometric Research on Bias in Mental Testing So Often Ignored? |
6 Psychology, Public Policy, And Law 144 (March, 2000) |
Since the late 1960s, a substantial body of content and methodological research on bias has been conducted. Much of this research has been conducted by psychometricians and published in major psychometric journals not often read by those in other psychological specialties. However, much of what has been learned is summarized in book chapters and... |
2000 |
| AnnJanette Rosga |
Bias Before the Law: the Rearticulation of Hate Crimes in Wisconsin V. Mitchell |
25 New York University Review of Law and Social Change 29 (1999) |
The subject of law is also the subject of the nation. Law is primarily a national institution and adherence to its rule symbolizes the imagined community of the nation and expresses the fundamental unity and equality of its citizens. Paul Gilroy The maintenance of a nation's identity as a nation depends crucially upon its particular historical... |
1999 |
| Myra C. Selby |
Examining Race and Gender Bias in the Courts: a Legacy of Indifference or Opportunity? |
32 Indiana Law Review 1167 (1999) |
The true worth of a race must be measured by the character of its womanhood. In his 1999 State of the Union address, President William Jefferson Clinton recognized a great heroine of the Civil Rights' movement, Rosa Parks. Parks, in 1955, refused to give up her seat on the bus in Montgomery, Alabama, in violation of one of the restrictive Jim... |
1999 |
| W. JOHN THOMAS, ; DOROTHY E. STUBBE, ; GERALDINE PEARSON |
Race, Juvenile Justice, and Mental Health: New Dimensions in Measuring Pervasive Bias |
89 Journal of Criminal Law and Criminology 615 (Winter 1999) |
Delinquent Children, are those, who through Ignorance, Vice, Folly, Sport Carelessness, Thoughtlessness and in a hundred other ways, violate City Ordinances, Laws, statutes or the Rights of Others, for which there must be some method of Correction. Defective Children, are those who are physically or mentally deficient, thereby becoming a charge... |
1999 |
| Ruth E. Friedman |
Statistics and Death: the Conspicuous Role of Race Bias in the Administration of the Death Penalty |
11 La Raza Law Journal 75 (Spring, 1999) |
Statistics can be very useful things. They are detached, nonpartisan, and eminently quotable. Never damned lies by themselves, statistics are cold calculations not amenable to much debate. It is, of course, what we think the numbers mean that makes all the difference. This short essay looks at a few statistics on race and criminal justice and the... |
1999 |
| Deana A. Pollard |
Unconscious Bias and Self-critical Analysis: the Case for a Qualified Evidentiary Equal Employment Opportunity Privilege |
74 Washington Law Review 913 (October, 1999) |
Abstract: Recent breakthroughs in social psychology have resulted in the ability to measure unconscious bias scientifically. Studies indicate that prejudiced responses are largely unconscious, the result of normal cognitive processing and stereotypical associations of which the prejudiced subject may be completely unaware. The studies also indicate... |
1999 |
| Rena M. Atchison |
A Comparison of Gender Bias Studies: Eighth Circuit Court of Appeals and South Dakota Findings in the Context of Nationwide Studies |
43 South Dakota Law Review 616 (1998) |
The final publication of forty-one gender bias reports and the continuing formation of other reports concerning gender bias have produced some definitive answers in a complex arena. Although several questions remain in the gender bias forum, a discussion of the numerous reports, findings, recommendations and implementation of those recommendations... |
1998 |
| Kenji Yoshino |
Assimilationist Bias in Equal Protection: the Visibility Presumption and the Case of "Don't Ask, Don't Tell" |
108 Yale Law Journal 485 (December, 1998) |
I. Introduction. 487 II. Equal Protection Immutability and Visibility Defined. 493 A. Immutability. 493 B. Visibility. 496 C. Commonalities. 498 III. Equal Protection's Assimilationist Bias. 500 A. The Substantive Defense and Its Shortcomings. 504 B. The Political Process Defense. 506 IV. The Immutability Presumption. 509 A. Evasive Power. 509 B.... |
1998 |
| Robin Parker |
Bias Crimes in the Schools-an Uncivil Education |
193-OCT New Jersey Lawyer, the Magazine 20 (October, 1998) |
· Santa Barbara, CA Sitting in school one day an Africian American high school student struggles to maintain her composure when a group of white classmates slip a drawing of a lynched black girl onto her desk. Later in the school year, a white high school student, wearing a Confederate flag like a bandit's mask, punches an Africian-American... |
1998 |
| Ellen E. Deason |
Court-appointed Expert Witnesses: Scientific Positivism Meets Bias and Deference |
77 Oregon Law Review 59 (Spring 1998) |
I. The Evolution of Court-Appointed Experts Within the Adversarial System. 64 A. The Emergence of Appointed Experts. 64 B. The Current Authority and Procedures for Appointing Expert Witnesses and Advisors. 75 1. Rule 706 of the Federal Rules of Evidence. 75 2. The Courts' Inherent Power. 79 II. Improvements Court-Appointed Experts Bring to the... |
1998 |