Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.

Explores the far-reaching effects on American law of bias amongst lawyers and judges towards the legal profession in their decision-making.

America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.

Challenges the meaning of impartiality in the judicial system

Racial bias in the U.S. criminal justice system is much debated and discussed, but until now, no single volume has covered the full expanse of the issue. In Bias in the Law, sixteen outstanding experts address the impact of racial bias in the full roster of criminal justice actors. They examine the role of legislators crafting criminal justice legislation, community enforcers, and police, as well as prosecutors, criminal defense attorneys, judges, and jurors. Understanding when and why bias arises, as well as how it impacts defendants requires a clear understanding how each of these actors operate. Contributions touch on other crucial topics—racialized drug stigma, legal technology, and interventions—that are vital for understanding how the United States has reached this moment of stark racial disparity in incarceration. The result is an important entry into understanding the pervasiveness of racial bias, how such bias impacts legal outcomes, and why such impact matters. This is an issue that is as relevant today as it was fifty—or even one hundred fifty—years ago, and collection editors Joseph Avery and Joel Cooper provide a glimpse at how to proceed.

Twenty years ago, Americans saw lawsuits as a last resort; now they're the world's most litigous people. One of the most discussed, debated, and widely reviewed books of 1991, The Litigation Explosion explains why today's laws encourage us to sue first and ask questions later.

This book helps explain how many who pride themselves on being fair can be part of a system which is widely seen as unfair by those who have historically been victims of bias and prejudice. The central focus of the book is on the different approaches that courts can use to lessen the impact of implicit bias by "breaking the bias habit."