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- Title
BARRIERS TO THE BALLOT BOX: IMPLICIT BIAS AND VOTING RIGHTS IN THE 21ST CENTURY.
- Authors
Gordon, Arusha; Rosenberg, Ezra D.
- Abstract
While much has been written regarding unconscious or "implicit bias" in other areas of law, there is a scarcity of scholarship examining how implicit bias impacts noting rights and how advocates can move courts to recognize evidence of implicit bias within the context of a voting rights claim. This Article aims to address that scarcity. After reviewing research on implicit bias, this Article examines how implicit bias might impact different stages of the electoral process. It then argues that "results test" claims under Section 2 of the Voting Rights Act (VRA) present an opportunity for plaintiffs to introduce evidence regarding implicit bias in the electoral process. In addition, this Article explores policy solutions to reduce the impact of implicit bias in elections.
- Subjects
BALLOT boxes; SUFFRAGE; TWENTY-first century; PLAINTIFFS; ELECTION policy
- Publication
Michigan Journal of Race & Law, 2015, Vol 21, Issue 1, p23
- ISSN
1095-2721
- Publication type
Article
- DOI
10.36643/mjrl.21.1.barriers