Implicit Racial Bias Across the Law

Author: Justin D. Levinson; Robert J. Smith
Publisher: Cambridge University Press
ISBN: 9781107648180
Published In: April 2012
Format: Paperback , 284 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Despite cultural progress in reducing overt acts of racism, stark racial disparities continue to define American life. This book is for anyone who wonders why race still matters and is interested in what emerging social science can contribute to the discussion. The book explores how scientific evidence on the human mind might help to explain why racial equality is so elusive. This new evidence reveals how human mental machinery can be skewed by lurking stereotypes, often bending to accommodate hidden biases reinforced by years of social learning. Through the lens of these powerful and pervasive implicit racial attitudes and stereotypes, Implicit Racial Bias Across the Law examines both the continued subordination of historically disadvantaged groups and the legal system's complicity in the subordination.

• Examines implicit bias with tremendous breadth - across fourteen distinct areas of law

• Provides a cutting edge social science informed critique of inequality in the legal system

• Helps explain systemic racial discrimination from an entirely new perspective

Contributors	ix
Acknowledgments	xi
Introduction: Racial Disparities, Social Science, and the Legal System Justin D. Levinson	1
1 Implicit Racial Bias: A Social Science Overview Justin D. Levinson, Danielle M. Young, and Laurie A. Rudman	9
2 Property Law: Implicit Bias and the Resilience of Spatial Colorlines Michelle Wilde Anderson and Victoria C. Plaut	25
3 Criminal Law: Coloring Punishment: Implicit Social Cognition and Criminal Justice Charles Ogletree, Robert J. Smith, and Johanna Wald	45
4 Torts: Implicit Bias–Inspired Torts Deana Pollard Sacks	61
5 Employment Law: Implicit Bias in Employment Litigation Judge Nancy Gertner and Melissa Hart	80
6 Health Law: Cognitive Bias in Medical Decision-Making Michele Goodwin and Naomi Duke	95
7 Education Law: Unconscious Racism and the Conversation about the Racial Achievement Gap Charles R. Lawrence III	113
8 Communications Law: Bits of Bias Jerry Kang	132
9 Corporations Law: Biased Corporate Decision-Making? Justin D. Levinson	146
10 Tax Law: Implicit Bias and the Earned Income Tax Credit Dorothy A. Brown	164
11 Intellectual Property: Implicit Racial and Gender Bias in Right of Publicity Cases and Intellectual Property Law Generally Danielle M. Conway	179
12 Environmental Law: A Tale of Two Neighborhoods: Implicit Bias and Environmental Decision-Making Rachel D. Godsil	192
13 Federal Indian Law: Implicit Bias against Native Peoples as Sovereigns Susan K. Serrano and Breann Swann Nuʿuhiwa	209
14 Capital Punishment: Choosing Life or Death (Implicitly) Robert J. Smith and G. Ben Cohen	229
15 Reparations Law: Redress Bias? Eric K. Yamamoto and Michele Park Sonen	244
Index	265