Category Archives: Discrimination

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