Implicit Racial Bias Across the Law

by Levinson, Justin D.; Smith, Robert J.

• ISBN13: 9781107648180
• ISBN10: 1107648181
• Format: Paperback
• Copyright: 2012-04-16
• Publisher: Cambridge Univ Pr

Summary

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 Bias across the Law examines both the continued subordination of historically disadvantaged groups and the legal system's complicity in the subordination.

Table of Contents

Implicit racial bias: a social science overview

Property law: implicit bias and the resilience of spatial color lines

Criminal law and procedure: coloring punishment: implicit social cognition and criminal justice

Torts: implicit bias inspired torts Deana

Employment law: implicit bias in employment litigation

Health law: cognitive bias in medical decision making

Education law: unconscious racism and the conversation about the racial achievement gap

Communications law: bits of bias

Corporations: biased corporate decision making?

Tax law: implicit bias and the earned income tax credit

Intellectual property: implicit racial and gender bias in right of publicity cases and intellectual property law generally

Environmental law: a tale of two neighborhoods: implicit bias and environmental decision making

Federal Indian law: implicit bias against native peoples as sovereigns

Capital punishment: choosing life or death (implicitly)

Reparations law: redress bias?

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