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Articles 1 - 4 of 4
Full-Text Articles in Judges
When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder
When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder
Pepperdine Law Review
No abstract provided.
Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen
Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen
Siyuan CHEN
The law on apparent bias has been mired in some controversy following the High Court decision of Re Shankar Alan s/o Anant Kulkarni, where Sundaresh Menon J.C. seemingly departed from the tentative views of Andrew Phang J.C. (as he then was) in Tang Kin Hwa v. Traditional Chinese Medicine Practitioners Board on the issue of whether there were any material differences between the “reasonable suspicion of bias” test and the “real likelihood of bias” test, the two formulations of the test for apparent bias that have been variously adopted by different jurisdictions in the common law world. In Tang Kin …
Implicit Bias In Employment Litigation, Melissa R. Hart
Implicit Bias In Employment Litigation, Melissa R. Hart
Melissa R Hart
Judges exercise enormous discretion in civil litigation, and nowhere more than in employment discrimination litigation, where the trial court’s “common sense” view of what is or is not “plausible” has significant impact on the likelihood that a case will survive summary judgment. As a general matter, doctrinal developments in the past two decades have quite consistently made it more difficult for plaintiffs to assert their claims of discrimination. In addition, many of these doctrines have increased the role of judicial judgment – and the possibility of the court’s implicit bias – in the life cycle of an employment discrimination case. …
Constitutional Forbearance, A. Christopher Bryant
Constitutional Forbearance, A. Christopher Bryant
Faculty Articles and Other Publications
This essay begins by developing the concept of constitutional forbearance and exploring the role it plays in the craft of good judging. This first Part also illustrates what is meant by constitutional forbearance by recovering a forgotten but illustrative example from a century ago. Part II then argues that the need for forbearance has at present become unusually acute. Finally, in Part III this essay identifies some of the qualities of the Obama care cases that make them such singular opportunities for the exercise of this much needed judicial virtue and answers some anticipated objections to thinking about the cases …