Professor of Legal Practice Elayne E. Greenberg’s article, “Bridging Our Justice Gap With Empathic Processes that Change Hearts, Expand Minds about Implicit Discrimination” has been accepted for publication in the spring issue of the Ohio State Dispute Resolution Journal.
Here is the abstract:
Accusers and those accused of implicit discrimination in our courts too often hear the refrain, “Justice doesn’t apply to you.” This justice gap is causing increasing numbers of offenders and victims of implicit discrimination to question the application and
legitimacy of our anti-discrimination laws as it has been applied to them. This paper responds to the urgency of this problem and presents a court innovation proposal to bridge our judge gap by introducing empathic processes into discrimination adjudication that changes hearts and expand minds about implicit discrimination. This court innovation design has two purposes. First, the inclusion of empathic processes provide
litigants with an opportunity to constructively and realistically address their implicit bias claims. Second, the integration of empathic processes will help humanize and de-bias the adjudication process in a way that bridges the justice gap between litigants’ court experience and their expectation of court fairness.
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