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Full-Text Articles in Law
Forgotten Racial Equality: Implicit Bias, Decisionmaking, And Misremembering, Justin D. Levinson
Forgotten Racial Equality: Implicit Bias, Decisionmaking, And Misremembering, Justin D. Levinson
Duke Law Journal
In this Article, I claim that judges and jurors unknowingly misremember case facts in racially biased ways. Drawing upon studies from implicit social cognition, human memory research, and legal decisionmaking, I argue that implicit racial biases affect the way judges and jurors encode, store, and recall relevant case facts. I then explain how this phenomenon perpetuates racial bias in case outcomes. To test the hypothesis that judges and jurors misremember case facts in racially biased ways, I conducted an empirical study in which participants were asked to recall facts of stories they had read only minutes earlier. Results of the …
An Essay For Keisha (And A Response To Professor Ford), Barbara J. Flagg
An Essay For Keisha (And A Response To Professor Ford), Barbara J. Flagg
Duke Journal of Gender Law & Policy
In chapter 3 I build on this conclusion and argue that political solidarity based on a common relationship to oppression and domination is the appropriate focus of (racial) identity politics and legal rights assertion; by contrast cultural claims are more contestable on both descriptive and normative terms and should be left to more fluid domains of conflict resolution such as social dialogue, the democratic process and the market economy . . . . With respect to the "foreseeable effects" model, the 1995 test for the first prong, the existence of a foreseeable impact, clearly encompasses more than cultural difference.94 In …
Gender Performance Over Job Performance: Body Art Work Rules And The Continuing Subordination Of The Feminine, Lucille M. Ponte, Jennifer L. Gillan
Gender Performance Over Job Performance: Body Art Work Rules And The Continuing Subordination Of The Feminine, Lucille M. Ponte, Jennifer L. Gillan
Duke Journal of Gender Law & Policy
No abstract provided.
Testing The Limits Of Antidiscrimination Law: The Business, Legal, And Ethical Ramifications Of Cultural Profiling At Work, Laura Morgan Roberts, Darryl D. Roberts
Testing The Limits Of Antidiscrimination Law: The Business, Legal, And Ethical Ramifications Of Cultural Profiling At Work, Laura Morgan Roberts, Darryl D. Roberts
Duke Journal of Gender Law & Policy
While courts have rarely ruled in favor of plaintiffs bringing discrimination claims based on identity performance, legal scholars have argued that discrimination on the basis of certain cultural displays should be prohibited because it creates a work environment that is "heavily charged" with ethnic and racial discrimination. Drawing upon empirical studies of diversity management, stereotyping, and group dynamics, we describe how workplace cultural profiling often creates an unproductive atmosphere of heightened scrutiny and identity performance constraints that lead workers (especially those from marginalized groups) to behave in less authentic, less innovative ways in diverse organizational settings.
The Hair Dilemma: Conform To Mainstream Expectations Or Emphasize Racial Identity, Ashleigh Shelby Rosette, Tracy L. Dumas
The Hair Dilemma: Conform To Mainstream Expectations Or Emphasize Racial Identity, Ashleigh Shelby Rosette, Tracy L. Dumas
Duke Journal of Gender Law & Policy
Throughout American history, skin color, eye color, and hair texture have had the power to shape the quality of Black people's lives, and that trend continues today for Black women in the workplace.
Race, Redistricting, And Representation, Guy-Uriel Charles
Race, Redistricting, And Representation, Guy-Uriel Charles
Faculty Scholarship
This Essay, which was written for the Ohio State Law Journal's symposium on Election Law and the Roberts Court, examines the Court's decision in League of United Latin American Citizens (LULAC) v. Perry. The Essay explores two ways of reading LULAC: first as a racial representation case and second as a case concerned with representation itself. The essay argues that politics not race is the majority's worry in LULAC and that the case is the first application of Justice Kennedy's representation rights concept first introduced in Vieth.
Toward A New Civil Rights Framework, Guy-Uriel Charles
Toward A New Civil Rights Framework, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
Democracy And Distortion, Guy-Uriel Charles
Democracy And Distortion, Guy-Uriel Charles
Faculty Scholarship
This Article contends that judicial supervision of excessive manipulation of electoral lines for partisan purposes - political gerrymandering - may be justified in a mature democracy. The Article responds to the debate among courts and commentators over whether political gerrymandering presents any constitutionally relevant harms and, further, whether courts may be able to resolve the structural issues presented by political gerrymandering claims. Drawing from political theory and political science, this Article develops a theory of institutional distortion and provides a justification for aggressive judicial review of questions of democratic governance. The Article does not argue that the United States Supreme …