NOTICE: The information supplied on our “Resources” page is for informational purposes only. While EJS makes every effort to present accurate and reliable information on this page, EJS does not endorse, approve or certify, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Continue to visit this page in the future as EJS will update this page every few weeks with new resources.

Click here to view a list of links to other helpful resources.

EJS Packet on Scholarship and Jurisprudence Related to Implicit Bias and the Intent Doctrine

The Equal Justice Society compiled a packet designed to provide scholars and practitioners a starting point in understanding and engaging the evolving scholarship and jurisprudence around implicit bias and the Intent Doctrine. The information in the packet serves as a point of departure from current anti-discrimination jurisprudence, which largely fails to address contemporary manifestations of discrimination and exclusion.

Modern forms of racial and other discrimination are frequently expressed through biases that are unconscious or ―implied‖ through stereotypes and cognitive reactions. Extensive empirical and theoretical research confirms that implicit bias substantially motivates disproportionate outcomes even absent an express intent to discriminate. The Equal Justice Society seeks to update anti-discrimination law so that it more accurately accounts for and remedies contemporary discrimination.

Our hope is that this packet will be a starting point of engagement for you, the reader. It contains publications authored by EJS and other scholars and advocates who are experts in their respective fields. We are happy to furnish you with further, and more detailed, information upon request, and/or connect you with experts in the field.

Fill out this short form to request the packet.  You’ll be able to download the PDF after submitting the form.

Disclaimer: Although the Equal Justice Society (EJS) makes substantial efforts to ensure the accuracy and timeliness of our “Resources” page, this site, the information contained within, e-mail, or otherwise, does not constitute the creation of an attorney/client relationship with EJS or any of the organization’s attorneys. The material contained in this website is not intended as legal advice.

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