Are Ideal Litigators White? Measuring the Myth of Colorblindness

30 Pages Posted: 3 Jan 2011  

Jerry Kang

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

Nilanjana Dasgupta

University of Massachusetts at Amherst - Psychology

Kumar Yogeeswaran

University of Massachusetts Amherst

Gary Blasi

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

Multiple version iconThere are 2 versions of this paper

Abstract

This study examined whether explicit and implicit biases in favor of Whites and against Asian Americans would alter 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 (out group derogation); by contrast, implicit stereotypes predicted preferential evaluation of the White litigator (in group favoritism). In sum, participants were not colorblind, at least implicitly, toward 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 in a legal domain.

Suggested Citation

Kang, Jerry and Dasgupta, Nilanjana and Yogeeswaran, Kumar and Blasi, Gary, Are Ideal Litigators White? Measuring the Myth of Colorblindness. Journal of Empirical Legal Studies, Vol. 7, No. 4, pp. 886-915, 2010. Available at SSRN: https://ssrn.com/abstract=1733794 or http://dx.doi.org/10.1111/j.1740-1461.2010.01199.x

Jerry Kang

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 Amherst ( email )

Department of Operations and Information Managemen
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

Paper statistics

Downloads
4
Abstract Views
436