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
1. Implicit racial bias: a social science overview Justin D. Levinson, Danielle M. Young and Laurie A. Rudman; 2. Property law: implicit bias and the resilience of spatial color lines Michele Wilde Anderson and Victoria C. Plaut; 3. Criminal law and procedure: coloring punishment: implicit social cognition and criminal justice Charles Ogletree, Robert J. Smith and Johanna Wald; 4. Torts: implicit bias inspired torts Deana Pollard Sacks; 5. Employment law: implicit bias in employment litigation Nancy Gertner and Melissa Hart; 6. Health law: cognitive bias in medical decision making Michele Goodwin and Naomi Duke; 7. Education law: unconscious racism and the conversation about the racial achievement gap Charles R. Lawrence, III; 8. Communications law: bits of bias Jerry Kang; 9. Corporations: biased corporate decision making? Justin D. Levinson; 10. Tax law: implicit bias and the earned income tax credit Dorothy A. Brown; 11. Intellectual property: implicit racial and gender bias in right of publicity cases and intellectual property law generally Danielle M. Conway; 12. Environmental law: a tale of two neighborhoods: implicit bias and environmental decision making Rachel D. Godsil; 13. Federal Indian law: implicit bias against native peoples as sovereigns Susan K. Serrano and Breann Swann Nu'uhiwa; 14. Capital punishment: choosing life or death (implicitly) Robert J. Smith and G. Ben Cohen; 15. Reparations law: redress bias? Eric K. Yamamoto and Michele Park Sonen.