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The Law of Implicit Bias
Abstract
Considerable attention has been given to the Implicit Association Test (IA T), which finds that most people have an implicit and unconscious bias against members of traditionally disadvantaged groups. Implicit bias poses a special challenge for antidiscrimination law because it suggests the possibility that people are treating others differently even when they are unaware that they are doing so. Some aspects of current law operate, whether intentionally or not, as controls on implicit bias; it is possible to imagine other efforts in that vein. An underlying suggestion is that implicit bias might be controlled through a general strategy of "debiasing through law."
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Citations
Cited by
Discrimination in the Age of Algorithms
Kleinberg, J., Ludwig, J., Mullainathan, S., & Sunstein, C. R. (2018) · Journal of Legal Analysis · doi:10.1093/jla/laz001 · Cited by 401
Self-citationGerards, J., & Zuiderveen Borgesius, F. (2021) · doi:10.2139/ssrn.3723873 · Cited by 72
Policy Implications of Implicit Social Cognition
Nosek, B. A., & Riskind, R. G. (2012) · Social Issues and Policy Review · doi:10.1111/j.1751-2409.2011.01037.x · Cited by 55
Do Theories of Implicit Race Bias Change Moral Judgments?
Cameron, C. D., Payne, B. K., & Knobe, J. (2010) · Social Justice Research · doi:10.1007/s11211-010-0118-z · Cited by 52
Hissong, R. V., & Wheeler, G. (2019) · Criminal Justice Policy Review · doi:10.1177/0887403417714560 · Cited by 10
Metadata
- Authors
- Jolls, C., & Sunstein, C. R.
- Venue
- California Law Review
- Publisher
- JSTOR
- Published
- 2006-07-01
- Volume
- 94
- Issue
- 4
- Pages
- 969
- ISSN
- 0008-1221 (ISSN-L)
- OpenAlex
- W2105998493
- Cited by
- 177
- References
- 0
- FWCI
- 315.90
- Type
- journal article
- Language
- en
- Open access
- closed
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Contains information from the Semantic Scholar Academic Graph Datasets, made available under the ODC Attribution License (ODC-BY 1.0).
Semantic Scholar’s data is described in: Kinney, R., et al. (2023). The Semantic Scholar Open Data Platform. arXiv:2301.10140.
