'Eighteen Million Cracks': Gender's Role in the 2008 Presidential Campaign
27 Pages Posted: 10 Nov 2008 Last revised: 1 Aug 2017
Date Written: November 7, 2008
Scholars, and even the presidential candidates, have described the 2008 election as an extended interview process for a high-ranking job. Following that characterization of the Presidential race, questions about sexism and gender bias along the campaign trail implicate the law. Title VII protects individuals from sex bias in the workplace. And while modern conceptions of how such bias actually operates, largely drawn from social and cognitive psychology, aids legal decision-makers in determining whether such bias indeed took place in any particular case, greater insight into the intersection of psychology and the law is needed. Here, we explore the role of sexism and implicit (subconscious) gender bias in the Presidential race through the lens of Title VII. Further, we buttresses the proposition put forth by a growing body of legal scholars that the role of implicit attitudes in decision-making has significant implications for Title VII jurisprudence.
Keywords: 2008 election, sexism, gender bias, implicit attitudes
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