Download or read book The Lawyer Judge Bias in the American Legal System written by Benjamin H. Barton and published by Cambridge University Press. This book was released on 2010-12-31 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.
Download or read book Bias in the Law written by Joseph Avery and published by Rowman & Littlefield. This book was released on 2020-02-12 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Racial bias in the U.S. criminal justice system is much debated and discussed, but until now, no single volume has covered the full expanse of the issue. In Bias in the Law, sixteen outstanding experts address the impact of racial bias in the full roster of criminal justice actors. They examine the role of legislators crafting criminal justice legislation, community enforcers, and police, as well as prosecutors, criminal defense attorneys, judges, and jurors. Understanding when and why bias arises, as well as how it impacts defendants requires a clear understanding how each of these actors operate. Contributions touch on other crucial topics—racialized drug stigma, legal technology, and interventions—that are vital for understanding how the United States has reached this moment of stark racial disparity in incarceration. The result is an important entry into understanding the pervasiveness of racial bias, how such bias impacts legal outcomes, and why such impact matters. This is an issue that is as relevant today as it was fifty—or even one hundred fifty—years ago, and collection editors Joseph Avery and Joel Cooper provide a glimpse at how to proceed.
Download or read book Implicit Racial Bias Across the Law written by Justin D. Levinson and published by Cambridge University Press. This book was released on 2012-04-23 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how scientific evidence on the human mind might help to explain why racial equality is so elusive. Through the lens of powerful and pervasive implicit racial attitudes and stereotypes, it examines both the continued subordination of historically disadvantaged groups and the legal system's complicity in the subordination.
Download or read book The Beauty Bias written by Deborah L. Rhode and published by Oxford University Press. This book was released on 2010-05-06 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: "It hurts to be beautiful" has been a cliche for centuries. What has been far less appreciated is how much it hurts not to be beautiful. The Beauty Bias explores our cultural preoccupation with attractiveness, the costs it imposes, and the responses it demands. Beauty may be only skin deep, but the damages associated with its absence go much deeper. Unattractive individuals are less likely to be hired and promoted, and are assumed less likely to have desirable traits, such as goodness, kindness, and honesty. Three quarters of women consider appearance important to their self image and over a third rank it as the most important factor. Although appearance can be a significant source of pleasure, its price can also be excessive, not only in time and money, but also in physical and psychological health. Our annual global investment in appearance totals close to $200 billion. Many individuals experience stigma, discrimination, and related difficulties, such as eating disorders, depression, and risky dieting and cosmetic procedures. Women bear a vastly disproportionate share of these costs, in part because they face standards more exacting than those for men, and pay greater penalties for falling short. The Beauty Bias explores the social, biological, market, and media forces that have contributed to appearance-related problems, as well as feminism's difficulties in confronting them. The book also reviews why it matters. Appearance-related bias infringes fundamental rights, compromises merit principles, reinforces debilitating stereotypes, and compounds the disadvantages of race, class, and gender. Yet only one state and a half dozen localities explicitly prohibit such discrimination. The Beauty Bias provides the first systematic survey of how appearance laws work in practice, and a compelling argument for extending their reach. The book offers case histories of invidious discrimination and a plausible legal and political strategy for addressing them. Our prejudices run deep, but we can do far more to promote realistic and healthy images of attractiveness, and to reduce the price of their pursuit.
Download or read book Punishing Hate written by Frederick M. Lawrence and published by Harvard University Press. This book was released on 2009-07-01 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bias crimes are a scourge on our society. Is there a more terrifying image in the mind's eye than that of the burning cross? Punishing Hate examines the nature of bias-motivated violence and provides a foundation for understanding bias crimes and their treatment under the U.S. legal system. In this tightly argued book, Frederick Lawrence poses the question: Should bias crimes be punished more harshly than similar crimes that are not motivated by bias? He answers strongly in the affirmative, as do a great many scholars and citizens, but he is the first to provide a solid theoretical grounding for this intuitive agreement, and a detailed model for a bias crimes statute based on the theory. The book also acts as a strong corrective to recent claims that concern about hate crimes is overblown. A former prosecutor, Lawrence argues that the enhanced punishment of bias crimes, with a substantial federal law enforcement role, is not only permitted by doctrines of criminal and constitutional law but also mandated by our societal commitment to equality. Drawing upon a wide variety of sources, from law and criminology, to sociology and social psychology, to today's news, Punishing Hate will have a lasting impact on the contentious debate over treatment of bias crimes in America.
Download or read book Oxford Handbook of Ethics of AI written by Markus D. Dubber and published by Oxford University Press. This book was released on 2020-06-30 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume tackles a quickly-evolving field of inquiry, mapping the existing discourse as part of a general attempt to place current developments in historical context; at the same time, breaking new ground in taking on novel subjects and pursuing fresh approaches. The term "A.I." is used to refer to a broad range of phenomena, from machine learning and data mining to artificial general intelligence. The recent advent of more sophisticated AI systems, which function with partial or full autonomy and are capable of tasks which require learning and 'intelligence', presents difficult ethical questions, and has drawn concerns from many quarters about individual and societal welfare, democratic decision-making, moral agency, and the prevention of harm. This work ranges from explorations of normative constraints on specific applications of machine learning algorithms today-in everyday medical practice, for instance-to reflections on the (potential) status of AI as a form of consciousness with attendant rights and duties and, more generally still, on the conceptual terms and frameworks necessarily to understand tasks requiring intelligence, whether "human" or "A.I."
Download or read book Blinding as a Solution to Bias written by Christopher T Robertson and published by Academic Press. This book was released on 2016-01-30 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: What information should jurors have during court proceedings to render a just decision? Should politicians know who is donating money to their campaigns? Will scientists draw biased conclusions about drug efficacy when they know more about the patient or study population? The potential for bias in decision-making by physicians, lawyers, politicians, and scientists has been recognized for hundreds of years and drawn attention from media and scholars seeking to understand the role that conflicts of interests and other psychological processes play. However, commonly proposed solutions to biased decision-making, such as transparency (disclosing conflicts) or exclusion (avoiding conflicts) do not directly solve the underlying problem of bias and may have unintended consequences. Robertson and Kesselheim bring together a renowned group of interdisciplinary scholars to consider another way to reduce the risk of biased decision-making: blinding. What are the advantages and limitations of blinding? How can we quantify the biases in unblinded research? Can we develop new ways to blind decision-makers? What are the ethical problems with withholding information from decision-makers in the course of blinding? How can blinding be adapted to legal and scientific procedures and in institutions not previously open to this approach? Fundamentally, these sorts of questions—about who needs to know what—open new doors of inquiry for the design of scientific research studies, regulatory institutions, and courts. The volume surveys the theory, practice, and future of blinding, drawing upon leading authors with a diverse range of methodologies and areas of expertise, including forensic sciences, medicine, law, philosophy, economics, psychology, sociology, and statistics. Introduces readers to the primary policy issue this book seeks to address: biased decision-making. Provides a focus on blinding as a solution to bias, which has applicability in many domains. Traces the development of blinding as a solution to bias, and explores the different ways blinding has been employed. Includes case studies to explore particular uses of blinding for statisticians, radiologists, and fingerprint examiners, and whether the jurors and judges who rely upon them will value and understand blinding.
Download or read book Patent Law and Women written by Jessica C. Lai and published by Routledge. This book was released on 2021-09-30 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the gendered nature of patent law and the knowledge governance system it supports. The vast majority of patented inventions are attributed to male inventors. While this has resulted in arguments that there are not enough women working in science, technology, engineering and mathematics, this book maintains that the issue lies with the very nature of patent law and how it governs knowledge. The reason why fewer women patent than men is that patent law and the knowledge governance system it supports are gendered. This book deconstructs patent law to reveal the multiple gendered binaries it embodies, and how these in turn reflect gendered understandings of what constitutes science and an invention, and a scientist and an inventor. Revealing the inherent biases of the patent system, as well as its reliance on an idea of the public domain, the book argues that an egalitarian knowledge governance system must go beyond socialised binaries to better govern knowledge creation, dissemination and maintenance. This book will appeal to scholars and policymakers in the field of patent law, as well as those in law and other disciplines with interests in law, gender and technology.
Download or read book Enhancing Justice written by Sarah E. Redfield and published by American Bar Association. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book helps explain how many who pride themselves on being fair can be part of a system which is widely seen as unfair by those who have historically been victims of bias and prejudice. The central focus of the book is on the different approaches that courts can use to lessen the impact of implicit bias by "breaking the bias habit."
Download or read book Animus written by William D. Araiza and published by NYU Press. This book was released on 2017-04-04 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: An introduction to the legal concept of unconstitutional bias. If a town council denies a zoning permit for a group home for intellectually disabled persons because residents don’t want “those kinds of people” in the neighborhood, the town’s decision is motivated by the public’s dislike of a particular group. Constitutional law calls this rationale “animus.” Over the last two decades, the Supreme Court has increasingly turned to the concept of animus to explain why some instances of discrimination are unconstitutional. However, the Court’s condemnation of animus fails to address some serious questions. How can animus on the part of people and institutions be uncovered? Does mere opposition to a particular group’s equality claims constitute animus? Does the concept of animus have roots in the Constitution? Animus engages these important questions, offering an original and provocative introduction to this type of unconstitutional bias. William Araiza analyzes some of the modern Supreme Court’s most important discrimination cases through the lens of animus, tracing the concept from nineteenth century legal doctrine to today’s landmark cases, including Obergefell vs. Hodges and United States v. Windsor, both related to the legal rights of same-sex couples. Animus humanizes what might otherwise be an abstract legal question, illustrating what constitutes animus, and why the prohibition against it matters more today than ever in our pluralistic society.
Download or read book Bias Interrupted written by Joan C. Williams and published by Harvard Business Press. This book was released on 2021-11-16 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: A cutting-edge, relentless, objective approach to inclusion. Companies spend billions of dollars annually on diversity efforts with remarkably few results. Too often diversity efforts rest on the assumption that all that's needed is an earnest conversation about "privilege." That's not enough. To truly make progress we need to stop celebrating the problem and instead take effective steps to solve it. In Bias Interrupted, Joan C. Williams shows how it's done, and, reassuringly, how easy it is to get started. One of today's preeminent voices on inclusive workplaces, Williams explains how leaders can use standard business tools—data, metrics, and persistence—to interrupt the bias that is continually transmitted through formal systems like performance appraisals, as well as the informal systems that control access to career-enhancing opportunities. The book presents fresh evidence, based on Williams's exhaustive research and work with companies, that interrupting bias helps every group—including white men. Comprehensive, though compact and straightforward, Bias Interrupted delivers real, practical value in an efficient and accessible manner to an audience that has never needed it more. It's possible to interrupt bias. Here's where you start.
Download or read book Just Stories written by Thomas Ross and published by Beacon Press. This book was released on 1997-08-31 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this stinging critique of our legal system, Thomas Ross reveals how in making and justifying their opinions, judges rely to a startling degree on personal constructs that often perpetuate the deep biases in society. While these terrible societal prejudices have become the basic building blocks of our law, Ross suggests that they don't have to be. Instead, he posits that knowledge of the problem offers a first step toward imagining a different and better future.
Download or read book The Oxford Handbook of Behavioral Economics and the Law written by Eyal Zamir and published by Oxford Handbooks. This book was released on 2014 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Oxford Handbook of Behavioral Economics and Law' brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its twenty-nine chapters are organized into four parts.
Download or read book Intellectual Property Law and the Fourth Industrial Revolution written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2020-05-22 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: The convergence of various fields of technology is changing the fabric of society. Big data and data mining, Internet of Things, artificial intelligence and blockchains are already affecting business models and leading to a social and economic transformations that have been dubbed by the fourth industrial revolution. Focusing on the framework of intellectual property rights, the contributions to this book analyse how the technical background of this massive transformation affects intellectual property law and policy and how intellectual property is likely to change in order to serve the society. Well-known authorities in intellectual property law offer in-depth chapters on the roles in this revolution of such concepts and actualities as the following: power and role of data as the raw material of the revolution; artificial inventors and creators; trade marks in the dimension of avatars and fictional game characters; concept of inventive step change where the person skilled in the art is virtual; data rights versus intellectual property rights; transparency in the context of big data; interrelations of data, technology transfer and antitrust; self-executable and ‘smart’ contracts; redefining the balance among exclusive rights, development, technology transfer and contracts; and proprietary information versus the public domain. The chapters also provide complete analyses of how big data changes decision-making processes, how sustainable development requires redefinition, how technology transfer is re-emerging as technology diffusion and how the role of contracts and blockchain as instruments of monitoring and enforcement are being defined. Offering the first in-depth legal commentary and analysis of this highly topical issue, the book approaches the fourth industrial revolution from the perspectives of technical background, society and law. Its authoritative analysis of how the data-driven economy influences innovation and technology transfer is without peer. It will be welcomed by practicing lawyers in intellectual property rights and competition law, as well as by academics, think tanks and policymakers.
Download or read book Racial Innocence written by Tanya Katerí Hernández and published by Beacon Press. This book was released on 2022-08-23 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Profound and revelatory, Racial Innocence tackles head-on the insidious grip of white supremacy on our communities and how we all might free ourselves from its predation. Tanya Katerí Hernández is fearless and brilliant . . . What fire!”—Junot Díaz The first comprehensive book about anti-Black bias in the Latino community that unpacks the misconception that Latinos are “exempt” from racism due to their ethnicity and multicultural background Racial Innocence will challenge what you thought about racism and bias and demonstrate that it’s possible for a historically marginalized group to experience discrimination and also be discriminatory. Racism is deeply complex, and law professor and comparative race relations expert Tanya Katerí Hernández exposes “the Latino racial innocence cloak” that often veils Latino complicity in racism. As Latinos are the second-largest ethnic group in the US, this revelation is critical to dismantling systemic racism. Basing her work on interviews, discrimination case files, and civil rights law, Hernández reveals Latino anti-Black bias in the workplace, the housing market, schools, places of recreation, the criminal justice system, and Latino families. By focusing on racism perpetrated by communities outside those of White non-Latino people, Racial Innocence brings to light the many Afro-Latino and African American victims of anti-Blackness at the hands of other people of color. Through exploring the interwoven fabric of discrimination and examining the cause of these issues, we can begin to move toward a more egalitarian society.
Download or read book A Penchant for Prejudice written by Linda G. Mills and published by University of Michigan Press. This book was released on 1999 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenges the meaning of impartiality in the judicial system
Download or read book Race on the Brain written by Jonathan Kahn and published by Columbia University Press. This book was released on 2017-11-07 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the many obstacles to racial justice in America, none has received more recent attention than the one that lurks in our subconscious. As social movements and policing scandals have shown how far from being “postracial” we are, the concept of implicit bias has taken center stage in the national conversation about race. Millions of Americans have taken online tests purporting to show the deep, invisible roots of their own prejudice. A recent Oxford study that claims to have found a drug that reduces implicit bias is only the starkest example of a pervasive trend. But what do we risk when we seek the simplicity of a technological diagnosis—and solution—for racism? What do we miss when we locate racism in our biology and our brains rather than in our history and our social practices? In Race on the Brain, Jonathan Kahn argues that implicit bias has grown into a master narrative of race relations—one with profound, if unintended, negative consequences for law, science, and society. He emphasizes its limitations, arguing that while useful as a tool to understand particular types of behavior, it is only one among several tools available to policy makers. An uncritical embrace of implicit bias, to the exclusion of power relations and structural racism, undermines wider civic responsibility for addressing the problem by turning it over to experts. Technological interventions, including many tests for implicit bias, are premised on a color-blind ideal and run the risk of erasing history, denying present reality, and obscuring accountability. Kahn recognizes the significance of implicit social cognition but cautions against seeing it as a panacea for addressing America’s longstanding racial problems. A bracing corrective to what has become a common-sense understanding of the power of prejudice, Race on the Brain challenges us all to engage more thoughtfully and more democratically in the difficult task of promoting racial justice.
