Judith Resnik, Representing What? Gender, Race, Class, and the Struggle for the Identity and the Legitimacy of Courts, in Law & Ethics of Human Rights (forthcoming 2021), [SSRN (draft)] From abstract: "the new faces on the bench ought not obscure that the project of representation, inclusion, and equality is far from complete. The vivid inequalities in courts are problems for courts because such disparities undermine their ability to be places of justice."
David Abrams et al., Do Judges Vary in Their Treatment of Race? 41 J. Legal Stud. 347 (2012), [SSRN]
Pat K. Chew & Robert E. Kelley, The Realism of Race in Judicial Decision Making: An Empirical Analysis of Plaintiffs' Race and Judges' Race, 28 Harv. J. Racial & Ethnic Just 91 (2012), [HeinOnline] [SSRN]
Stephen J. Choi et al., Judging Women, 8 J. Empirical Legal Stud. 504 (2011), [HeinOnline] [SSRN]
Jerry Kang et al., Implicit Bias in the Courtroom, 59 UCLA L. Rev. 1124 (2012), [HeinOnline] [SSRN]
Jeffrey J. Rachlinski & Andrew J. Wistrich, Benevolent Sexism in Judges, 58 San Diego L. Rev. 101 (2021), [journal site]. Empirical study (questionnaires describing hypothetical child custody and sentencing cases) finds bias in favor of women. Blog post discussing article: Kaiponanea Matsumura, Judging in the Shadow of Gender, JOTWELL (April 25, 2022).
Penelope Pether, Sorcerers, Not Apprentices: How Judicial Clerks and Staff Attorneys Impoverish U.S. Law, 39 Ariz. State L. Rev. 1 (2007), [HeinOnline] ("This article explores how and why the work of judicial clerks and staff attorneys treats 'have-nots' unequally, and suggests how 'mistakes' and 'sloppiness' in clerk and staff attorney decisionmaking and opinion-writing reinforce these effects." p. 18)
Jerry Kang et al., Implicit Bias in the Courtroom, 59 UCLA L. Rev. 1124 (2012) [HeinOnline] [SSRN]
Kurt M. Saunders, Race and Representation in Jury Service Selection, 36 Duq. L. Rev. 49 (1997) [HeinOnline] [SSRN]
Image: jury box (with monitors for viewing evidence), from Eastern District of Washington website
Jerry Kang et al., Are Ideal Litigators White? Measuring the Myth of Colorblindness, 7 J. Empirical Legal Stud. 886 (2010), [HeinOnline] (study examining whether explicit and implicit biases in favor of Whites and against Asian Americans would alter evaluation of a litigator's deposition).