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http://ssrn.com/abstract=1442119
 
 

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Are Ideal Litigators White? Measuring the Myth of Colorblindness


Jerry Kang


University of California, Los Angeles (UCLA) - School of Law

Nilanjana Dasgupta


University of Massachusetts at Amherst - Psychology

Kumar Yogeeswaran


University of Massachusetts at Amherst

Gary Blasi


University of California, Los Angeles (UCLA) - School of Law

July 31, 2009

UCLA School of Law Research Paper No. 09-24
CELS 2009 4th Annual Conference on Empirical Legal Studies Paper

Abstract:     
This study examined whether explicit and implicit biases in favor of Whites and against Asian Americans would alter mock jurors' evaluation of a litigator's deposition. We found evidence of both explicit bias as measured by self-reports, and implicit bias as measured by two Implicit Association Tests. In particular, explicit stereotypes that the ideal litigator was White predicted worse evaluation of the Asian American litigator (outgroup derogation); by contrast, implicit stereotypes predicted preferential evaluation of the White litigator (ingroup favoritism). In sum, participants were not colorblind, at least implicitly, towards even a "model minority," and these biases produced racial discrimination. This study provides further evidence of the predictive and ecological validity of the Implicit Association Test.

Number of Pages in PDF File: 37

Keywords: implicit bias, IAT, Asian Americans, implicit association test, predictive validity, lawyers, litigators, depositions, colorblindness, discrimination, jurors

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Date posted: August 1, 2009 ; Last revised: June 30, 2010

Suggested Citation

Kang, Jerry and Dasgupta, Nilanjana and Yogeeswaran, Kumar and Blasi, Gary, Are Ideal Litigators White? Measuring the Myth of Colorblindness (July 31, 2009). UCLA School of Law Research Paper No. 09-24; CELS 2009 4th Annual Conference on Empirical Legal Studies Paper. Available at SSRN: http://ssrn.com/abstract=1442119 or http://dx.doi.org/10.2139/ssrn.1442119

Contact Information

Jerry Kang (Contact Author)
University of California, Los Angeles (UCLA) - School of Law ( email )
385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
310-206-7298 (Phone)
310-206-7010 (Fax)
Nilanjana Dasgupta
University of Massachusetts at Amherst - Psychology ( email )
Amherst, MA 01003
United States
Kumar Yogeeswaran
University of Massachusetts at Amherst ( email )
Amherst, MA 01003
United States
Gary L. Blasi
University of California, Los Angeles (UCLA) - School of Law ( email )
385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
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