Assessing the Viability of Implicit Bias Evidence in Discrimination Cases: An Analysis of the Most Significant Federal Cases

The theory of implicit bias occupies a rapidly growing field of scientific research and legal scholarship. With the advent of tools measuring individuals’ subconscious biases toward people of other races, genders, ages, national origins, religions, and sexual orientations, scholars have rushed to explore the ways in which these biases might affect decision-making and produce broad societal consequences. The question that remains unanswered for scholars, attorneys, and judges is whether evidence of implicit bias and its effects can or should be used in legal proceedings. Although the study of implicit bias dates back several decades, only recently have judicial opinions begun to make direct reference to this body of research. The focus of this Comment is five federal cases that each discussed implicit bias extensively and together represent the most developed legal precedent on the admissibility of implicit bias evidence. Although a small number of other cases also feature extensive discussions of implicit bias, these five cases provide a unique basis for comparison because they are factually and procedurally very similar. All five cases were employment discrimination actions brought under federal law. In four of the five cases, the plaintiffs sought to introduce the testimony of the same expert witness on implicit bias. Therefore, the courts in these cases applied similar substantive and procedural standards to both the plaintiffs’ prima facie cases and to their expert’s proffered testimony. Three of the courts sided with the plaintiffs and treated implicit bias evidence favorably; the other two courts rejected evidence of implicit bias. Because there are only these five cases, it is difficult to draw conclusions from them with certainty. Nevertheless, this Comment considers ways in which implicit bias evidence could be presented to increase the likelihood it will be admitted and to minimize conflict with the unfavorable precedent. It also looks at strategies for admitting implicit bias evidence that have not yet been attempted but are potentially promising

Learning to address complexity in natural resource management

Conventional natural resource management has struggled with effectively addressing dynamically complex natural resource issues. Many organizations structured in the rational-analytical paradigm of resource management are becoming increasingly aware that new management approaches are needed. Particularly in a rapidly changing environment, organizational learning is important for promoting an organization's ability to adapt and shift to new approaches for natural resource management. The purpose of this research was to understand what organizational structures and processes inhibit or facilitate opportunities for organizational learning when addressing complex resource problems. Because partnerships are increasingly being employed as a method of organizing in natural resource management, I conducted a comparative case study approach of two resource management partnerships in Oregon's Willamette Valley the Willamette Restoration Initiative and the West Eugene Wetlands. Data were triangulated from three qualitative data sources: interviews, organizational documents, and participant observation. Findings reveal that how the case study partnerships and its members frame complex natural resource issues has a strong influence on organizational learning. In particular, partnership members who frame their work using positive, social, and dynamic orientations foster their ability to continuously learn when addressing issues of dynamic complexity. These individual and group frames promote learning in part through their influence on the development of inclusive, reflective, and place-based organizational processes and organic organizational structures. How individual and group frames are established, maintained, and altered is an important consideration for promoting learning within natural resource management partnerships. Furthermore, organizational learning in these partnerships was comprised of individual learning embedded into partnership routines and memory as well as emergent learning resulting from a process of social construction. Organizational practices directed toward both individual and team learning therefore need to be fostered in natural resource partnerships addressing dynamically complex problems

Social acceptability of a marine protected area: The case of Reunion Island

This paper examines variations in social acceptability of a Marine Protected Area (MPA) prior to implementation. The influence of a number of factors, including socio-economic characteristics, perception of coral resources state of health and attitudes towards non-compliance with regulations are analysed. During May 2006, 640 questionnaires were distributed to school children around Reunion Island, Western Indian Ocean, for completion by their parents, following an informal educational activity made in school. From a 73% (n = 469) response rate, results showed that 78% of participants were in favour of the MPA. Analysis further identified that those supportive of the MPA were generally from higher socio-professional categories, had a negative perception of the coral reef ecosystem's health and were not originally from Reunion. In contrast, locals (born in Reunion) from lower socio-professional categories or with no employment activity and having a positive perception of the health status of coral reefs offered no opinion on the MPA. Attitudes towards enforcement and compliance highlighted that SCUBA divers, fishers and jet skiers attributed a higher value to the protection of the coral reef environment through enforcement of MPA regulations than to their own use of the coral reef resource. When asked about the use of penalties to deter non-compliance, swimmers were awarded the lowest fines, followed by SCUBA divers, fishers then jet skiers being awarded the highest fines. Thus, the more severe the act of non-compliance by a resource user group was perceived to be, the more these users themselves disapproved of non-compliant behaviour and supported use of high penalties. The survey design through focusing on school children's parents, demonstrated a simple and cost-effective method for data collection while providing environmental education, which could be employed in similar case studies elsewhere

Assessing the Viability of Implicit Bias Evidence in Discrimination Cases: An Analysis of the Most Significant Federal Cases

The theory of implicit bias occupies a rapidly growing field of scientific research and legal scholarship. With the advent of tools measuring individuals’ subconscious biases toward people of other races, genders, ages, national origins, religions, and sexual orientations, scholars have rushed to explore the ways in which these biases might affect decision-making and produce broad societal consequences. The question that remains unanswered for scholars, attorneys, and judges is whether evidence of implicit bias and its effects can or should be used in legal proceedings. Although the study of implicit bias dates back several decades, only recently have judicial opinions begun to make direct reference to this body of research. The focus of this Comment is five federal cases that each discussed implicit bias extensively and together represent the most developed legal precedent on the admissibility of implicit bias evidence. Although a small number of other cases also feature extensive discussions of implicit bias, these five cases provide a unique basis for comparison because they are factually and procedurally very similar. All five cases were employment discrimination actions brought under federal law. In four of the five cases, the plaintiffs sought to introduce the testimony of the same expert witness on implicit bias. Therefore, the courts in these cases applied similar substantive and procedural standards to both the plaintiffs’ prima facie cases and to their expert’s proffered testimony. Three of the courts sided with the plaintiffs and treated implicit bias evidence favorably; the other two courts rejected evidence of implicit bias. Because there are only these five cases, it is difficult to draw conclusions from them with certainty. Nevertheless, this Comment considers ways in which implicit bias evidence could be presented to increase the likelihood it will be admitted and to minimize conflict with the unfavorable precedent. It also looks at strategies for admitting implicit bias evidence that have not yet been attempted but are potentially promising

Assessing the Viability of Implicit Bias Evidence in Discrimination Cases: An Analysis of the Most Significant Federal Cases

The theory of implicit bias occupies a rapidly growing field of scientific research and legal scholarship. With the advent of tools measuring individuals’ subconscious biases toward people of other races, genders, ages, national origins, religions, and sexual orientations, scholars have rushed to explore the ways in which these biases might affect decision-making and produce broad societal consequences. The question that remains unanswered for scholars, attorneys, and judges is whether evidence of implicit bias and its effects can or should be used in legal proceedings. Although the study of implicit bias dates back several decades, only recently have judicial opinions begun to make direct reference to this body of research. The focus of this Comment is five federal cases that each discussed implicit bias extensively and together represent the most developed legal precedent on the admissibility of implicit bias evidence. Although a small number of other cases also feature extensive discussions of implicit bias, these five cases provide a unique basis for comparison because they are factually and procedurally very similar. All five cases were employment discrimination actions brought under federal law. In four of the five cases, the plaintiffs sought to introduce the testimony of the same expert witness on implicit bias. Therefore, the courts in these cases applied similar substantive and procedural standards to both the plaintiffs’ prima facie cases and to their expert’s proffered testimony. Three of the courts sided with the plaintiffs and treated implicit bias evidence favorably; the other two courts rejected evidence of implicit bias. Because there are only these five cases, it is difficult to draw conclusions from them with certainty. Nevertheless, this Comment considers ways in which implicit bias evidence could be presented to increase the likelihood it will be admitted and to minimize conflict with the unfavorable precedent. It also looks at strategies for admitting implicit bias evidence that have not yet been attempted but are potentially promising

El Cantábrico : diario de la mañana: Año X Número 3396 - 1904 septiembre 14

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