Category Archives: Discrimination

Judiciary Committee Democrats Should Call the Republican “Assistant” as an Expert Witness on Sex Assault Reporting and Veracity

We all remember the scene from Inherit the Wind.  Spencer Tracey, playing Clarence Darrow, is cut off from calling almost all his experts, so he turns round and calls the prosecuting William Jennings Brown-based character, who then makes a fool … Continue reading

Posted in Access to Justice Generally, Discrimination, Political Issues and Justice, Supreme Court, White House | 1 Comment

Justice Kennedy’s Opinion On “Baking Discrimination” Is Clarion Call for Process Neutrality In The Entire Governmental Sphere

In a brilliant piece in Politico today, Professor Richard Primus argues that the Baking for Gay Marriage Opinion, by rejecting broad First Amendment protections for discrimination, sets up the travel ban case for a similarly positive outcome, not only because … Continue reading

Posted in Access to Justice Generally, Discrimination, Federal Courts, Freedom of Expression, Immigration, Political Support, Supreme Court

Study Showing Greater Racial Bias By Republican Judges Has to Shatter Our Assumptions

I was getting ready to draft a rebuttal to an article from the New York Times, Would you go to a Republican Doctor, reporting a study that “knowing about people’s political beliefs did interfere with the ability to assess those … Continue reading

Posted in Access to Justice Generally, Bias, Chasm with Communities, Discrimination, Federal Courts | 1 Comment

Algorithm Bias and Algorithm-Based Bias Compensation

As part of my series on algorithm bias, I want to offer what I think is a potentially revolutionary take on using algorithms not just to minimize, but actually to compensate for, bias and discrimination. The core idea is that … Continue reading

Posted in Access to Justice Generally, Bias, Discrimination, Judicial Ethics, Metrics, Race | 1 Comment

Towards A Principles-Driven Approach to Algorithm-Based Decision-Making in the Justice System

A very recent article by Adam Liptak in the New York Times draws attention to the actual practice in Wisconsin of using algorithm-driven predictions in sentencing, and to the pending attempt to otbain review of the practice by the US … Continue reading

Posted in Access to Justice Generally, Criminal Law, Discrimination, Research and Evalation, Security, Technology, Transparency | 2 Comments

Nevada Shows It Is Time for Another Shot at the Equal Rights Amendment

I have been thinking for a few days that maybe it was time to think about a new initiative to pass the (gender) Equal Rights Amendment (ERA). My thought was that the last failures to reach the required three quarter … Continue reading

Posted in Constitution, Discrimination, Supreme Court

Thoughts For Those At Personal and Family Risk

There will be time and time enough to understand how this has happened. But first, let us find the ways to be supportive at the personal and group level of people who are now to be put at risk through … Continue reading

Posted in Access to Justice Generally, Discrimination, Immigration, White House | 1 Comment

Tim Kaine Calls for New Approach to Poverty — Legal Aid Implications

Remember his wife is a former legal aid lawyer and a former judge.  According to the Detroit Free Press, in speech on Oct 16, Kaine: .  .  .  outlined the campaign’s three-pillar attack on poverty, including: Raising incomes for families, … Continue reading

Posted in 100% Access Strategy and Campaign, Discrimination, Evictions, Foreclosure, Funding, Housing, Legal Aid, LSC, White House

Meet Claudia Johnson’s Daughter Scarlet Johnson, Now Blogging Too

Everyone in our network knows Claudia Johnson, who frequently guest blogs in this space. But I bet you did not know that her daughter Scarlet Johnson is now a blogger too, launching her blogging with this contribution, which exudes her … Continue reading

Posted in Access to Justice Generally, Discrimination, Guest Bloggers, This Blog

Maybe Flight Attendants Can Teach Courts Something about Overcoming Unconscious Bias

I think there is pretty broad agreement that all of us who work in and with the court system that it could benefit to more mindfulness in dealing with unconscious bias. A recent article in the Washington Post by a … Continue reading

Posted in Court Management, Discrimination, Judicial Ethics

UK Supreme Court Might Be Able to Teach US Court a Lesson on Urgency of Protecting Legal Aid

Tomorrow, Tuesday the 19th, LSC and its friends will enjoy an invitation-only reception at the US Supreme Court following the LSC day at the White House, and to be addressed by Justice Kennedy, among others.  It is obviously a very … Continue reading

Posted in Access to Counsel, Discrimination, Immigration, International Models, Legal Aid, LSC, Supreme Court, White House

On the Only Right Response to the Idea of US Government Making All Muslims Register

Obviously, the recently partially apparently walked-back endorsement by a US Presidential candidate of the idea of making all Muslims register is truly obscene in the light of what such a requirement led to in the Holocaust. The answer to such … Continue reading

Posted in Access to Justice Generally, Discrimination, Technology | 5 Comments

Both Disturbing and Humorous Piece on Ways Women Have to Present to Avoid Being Ignored

Alexandra Petri  has a piece in the Washington Post which I find sadly disturbing on Famous quotes, the way a woman would have to say them during a meeting. Example: “Mr. Gorbachev, tear down this wall!” Woman in a Meeting: … Continue reading

Posted in Attorney-Client, Discrimination | 3 Comments

Presidential Memorandum on Access to Justice and Legal Aid Interagency Roundtale is Major Milestone in Creating the National ATJ Mosaic

A big deal.  The President has put in place a Presidential Memorandum on access to justice and the Legal Aid Interagency Roundtable (LAIR).  This joins the Conference of Chiefs/COSCA 100% Resolution as the second huge piece in the national Mosaic … Continue reading

Posted in Access to Justice Generally, Budget Issues, Discrimination, Funding, International Cooperation, Outcome Measures, Research and Evalation, Tools, White House | 6 Comments

The Nighmare of Website Bias — Lack of Specific Intent, And Hard to Prevent

Back in the early civil rights days, the strongest argument against effective civil rights enforcement was the claim that employment discriminators, for example, were merely following the demands of the market when they hired the most “appealing” staff.  (For a … Continue reading

Posted in Discrimination, Poverty, Technology | 1 Comment