Discovery and the Evidentiary Foundations of Implicit Bias
Employee Relations Law Journal, Vol. 40, No. 3, 4-33
30 Pages Posted: 3 Feb 2015 Last revised: 28 Aug 2015
Date Written: Winter 2014
This article documents the extent to which expert opinions regarding implicit bias rely on research that evades careful scrutiny by either the academic journals or the courts that admit the expert’s testimony, discuss the arguments that shield the data underlying research from discovery, argue for discovery of secondary data notwithstanding the arguments against disclosure, and argue for excluding expert testimony that relies on data beyond the reach of the opposing party.
Keywords: implicit bias, Implicit Association Test, discovery, replication, expert evidence
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