Academic

Parks & Rachlinski on Unconscious Bias & the Presidential Election

By Lawrence Solum

Gregory Scott Parks and Jeffrey J. Rachlinski (Cornell University - School of Law and Cornell Law School) have posted Unconscious Bias and the 2008 Presidential Election on SSRN.  Here is the abstract:

The 2008 presidential campaign and election will be historic. It marks the first time a Black person (Barack Obama) and a woman (Hillary Clinton) have a real chance at winning the Presidency. Their viability as candidates symbolizes significant progress in overcoming racial and gender stereotypes in America. But closer analysis of the campaigns reveals that race and gender have placed enormous constraints on how these two Senators can run their candidacy. This is not surprising in light of the history of race and gender in voting and politics in America. But what is perhaps more surprising is how the campaigns have had to struggle not only with overt sexism and racism, but with unconscious, or implicit, biases in their campaigns. Recent research from social psychologists indicates that unconscious race and gender biases are widespread and influence judgment. Because existing anti-discrimination law is designed to combat overt, or explicit, biases, it does not address unconscious biases well. If even Senators Clinton and Obama, with an array of consultants and advisors behind them, find unconscious racism and sexism to be a stumbling block in what is nothing more than the most elaborate, grandest job interview of them all, then what must it be to the average Black person or woman seeking a job or promotion?

Full post as published by Legal Theory Blog on March 12, 2008 (boomark / email).