Despite their proven utility to begin unpacking bias, implicit bias tests and training have also been criticized for ignoring systemic racism. For example, see Janice Gassam Asare, “Your Unconscious Bias Trainings Keep Failing Because You’re Not Addressing Systemic Bias”, Forbes (29 December 2019). There are also serious questions about the degree to which simply completing a test goes far enough in actually combating bias. Chalking up prejudice to “unconscious bias” can lead people to excuse their prejudice. It is therefore essential to connect unconscious bias training to conscious action, awareness of systemic bias, and action.
There are also fascinating interplays between public policy and law in reducing implicit and explicit bias. For example, Eugene Ofuso et al found convincing empirical evidence that when same-sex marriage was legalized, implicit and explicit antigay bias was reduced in the United States. (see Eugene K. Ofuso, Michelle K. Chambers, Jacqueline M. Chen and Eric Hehman, “Same-sex marriage legalization associated with reduced implicit and explicit antigay bias” (
Exercises
“Chitling Test of Intelligence”: Developed by Adrian Dove, this test challenges traditional notions of “knowledge” and “intelligence”. Try the short 15 question quiz here: http://www.wilderdom.com/personality/intelligenceChitlingTestShort.html. Be sure to check your response against the answer key in the top right corner.
Further Readings
Muneer I. Ahmad, Susan J. Bryant, & Jean Koh Peters, American Association of Law Schools Clinical Conference Plenary Session, “Teaching Our Students to Challenge Assumptions: Six Practices for Surfacing and Exploring Assumptions, and Designing Action,” New Orleans, LA (May 2007).
Susan Bryant, “The Five Habits: Building Cross-Cultural Competence in Lawyers” (2001) 8:33 Clinical Law Review 33.
Andrea A. Curcio, Teresa M. Ward & Nisha Dogra, “Educating Culturally Sensible Lawyers: A Study of Student Attitudes About The Role Culture Plays in the Lawyering Process” (2012) 16 University of Western Sydney Law Review 100.
DBR MTV Bias Survey Summary, April 2014, availableat: http://d1fqdnmgwphrky.cloudfront.net/studies/000/000/003/DBR_MTV_Bias_Survey_Full_Report_II.pdf?1398858309
Justice Michael B. Hyman “Implicit Bias in the Courts” (2014) 102 Illinois Bar Journal Magazine 40.
Jerry Kang, “Trojan Horses of Race” (2009) 118:5 Harvard Law Review 1489.
Ascanio Piomelli (2006) “Cross-Cultural Lawyering by the Book: The Latest Clinical Texts and a Sketch of a Future Agenda” 4 Hastings Race & Poverty Law Journal 131.
Leonard L. Riskin, “Knowing Yourself: Mindfulness” in The Negotiator’s Fieldbook (American Bar Association, 2006) 239, available at: http://ssrn.com/abstract=1465190
Rose Voyvodic, “Advancing the Justice Ethic Through Cultural Competence”, Paper delivered for the Chief Justice of Ontario’s 4th Colloquium on the Legal Profession, available at: http://www.lsuc.on.ca/media/fourthcolloquiumvoyvodic.pdf
Gerald Lopez, Rebellious Lawyering: One Chicano’s vision of Progressive Law Practice, 1st ed (Westview Press, 1992)
Christine Zuni Cruz, “[On the] Road Back In: Community Lawyering in Indigenous Communities” 24 American Indian Law Review 1