The Law of Implicit Bias
Cass R. Sunstein
Harvard Law School
Yale Law School; National Bureau of Economic Research (NBER)
California Law Review, Forthcoming
Harvard Law and Economics Discussion Paper No. 552
U Chicago Law & Economics, Olin Working Paper No. 289
U of Chicago, Public Law Working Paper No. 124
Considerable attention has been given to the Implicit Association Test (IAT), which finds that most people have an implicit and unconscious bias against members of traditionally disadvantaged groups. Implicit bias poses a special challenge for antidiscrimination law because it suggests the possibility that people are treating others differently even when they are unaware that they are doing so. Some aspects of current law operate, whether intentionally or not, as controls on implicit bias; it is possible to imagine other efforts in that vein. An underlying suggestion is that implicit bias might be controlled through a general strategy of debiasing through law.
Number of Pages in PDF File: 41Accepted Paper Series
Date posted: April 19, 2006
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