Study shows racial bias in evaluating legal writing

April 25, 2014
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When handing out the same memo to various law partners to critique under the guise of a study on the writing competencies of young attorneys, researchers discovered law partners found more errors in the memos they believed were written by an African-American attorney.

Nextions wanted to explore the idea of confirmation bias in racial perceptions of writing skills. It received 53 responses from partners who either looked at the same memo written by "Thomas Meyer," an African-American third-year associate from NYU Law School; or the memo written by "Thomas Meyer," a Caucasian third-year associate from NYU Law School.

In a previous study, researchers found evidence that supervising lawyers perceived African-American lawyers to be subpar in their writing skills as compared to their Caucasian counterparts. The study results released this month by Nextions confirmed that.

African-American Thomas Meyer’s memo averaged a 3.2/5 rating; Caucasian Thomas Meyer’s memo averaged a 4.1/5 rating. Comments were also generally more positive for Caucasian Thomas Meyer.

The memo contained 22 different errors: seven minor spelling/grammar errors; six substantive technical writing errors; five errors in fact and four errors in the analysis of the facts. The memo was sent to 39 Caucasian partners and 21 racial/ethnic minorities; 23 were women and 37 were men.

“We undertook this study with the hypothesis that unconscious confirmation bias in a supervising lawyer’s assessment of legal writing would result in a more negative rating if that writing was submitted by an African American lawyer in comparison to the same submission by a Caucasian lawyer. In order to create a study where we could control for enough variables to truly see the impact of confirmation bias, we did not study the potential variances that can be caused due to the intersection of race/ethnicity, gender, generational differences and other such salient identities. Thus, our conclusion is limited to the impact of confirmation bias in the evaluation of African American men in comparison to Caucasian men. We do not know (although we plan to study the issue in the very near future!) how this impact will splinter or strengthen when gender and/or other identities are introduced,” the researchers wrote in their summary.

“The data findings affirmed our hypothesis, but they also illustrated that the confirmation bias on the part of the evaluators occurred in the data collection phase of their evaluation processes – the identification of the errors – and not the final analysis phase. When expecting to find fewer errors, we find fewer errors. When expecting to find more errors, we find more errors. That is unconscious confirmation bias. Our evaluators unconsciously found more of the errors in the ‘African American’ Thomas Meyer’s memo, but the final rating process was a conscious and unbiased analysis based on the number of errors found. When partners say that they are evaluating assignments without bias, they are probably right in believing that there is no bias in the assessment of the errors found; however, if there is bias in the finding of the errors, even a fair final analysis cannot, and will not, result in a fair result.”

Take a look at the study and let me know what you think.
 

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  • Great to see Dr Arin moving on
    The author of this report was previously all about getting separate but equal restrooms for womyn attorneys (but not female secretaries), so it is really good to see her moving on from that: Reeves acknowledged that there may be a desire for inclusion; however, there is still inadequate support for it. An example she provided was a woman lawyer who did not have a designated restroom, as there were only two: one for women secretaries and the other for male lawyers." http://www.lewisu.edu/news/Newsarticle.htm?PArticleID=5722#.U1vG1Vda80M
    • Thinking about it
      Who circuluates a memo with the race of the author on it? What to expect next month, sexual preferences listed?
    • Does the study confirm unconscious bias on the part of the author?
      It seems to me that the study is a pretty thin one where it is possible that it reveals more about the unconscious confirmation bias of the author than of the subjects. Perhaps she has the belief that law partners are biased against minorities and women and used the information to confirm her belief. Looking at the errors detected by the reviewers, the only place where there was a significant difference in errors detected was in the spelling errors (2.9 for the "Caucasian" vs. 5.8 for the "African-American") whereas the error differences in technical writing (4.1 vs. 4.9) and facts (3.2 vs. 3.9). That could easily be interpreted to reach the conclusion that spelling counts and the reviewers have a more negative view about the work of poor spellers. Of course, the point can be made that the partners found more spelling errors in the work of the "African-American" associate based on their biases; however, by not doing a more thorough job, the author detracts from her point.
      • Direct hit
        I was thinking just the same, Larry. Who crunches her stats? What was the confidence interval? Will this "study" be peer reviewed? Is she not a "consultant" seeking to peddle her "services" in light of this thin social research? Is this science or mere rhetoric and manipulation parading as social science? I have to say that the probability is that it would never pass muster in even an undergrad class on social science. Rather sad to see such shody work promoted here, but I guess since it arrived at the "right" (make that "left") conclusions it is good to go, breaking news, justification for indicting the entire social order. Coming next month, how inherent biases cause us to discriminate against left handed typists.

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      1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

      2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

      3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

      4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

      5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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