ARTICLES

ARTICLES

When it comes to unconscious bias, are judges at risk?

 

All courts—indeed all workplaces—should make a systemic and ongoing commitment to continual learning about the ways in which biases can influence judgments without an explicit recognition of it happening. Research suggests that the intrusion of unconscious bias can be thwarted through personal and institutional vigilance, including greater exposure to people who are different, an increased motivation to act with fairness, and a greater understanding of the science of unconscious bias.

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Gender-Discrimination Suits Against Law Firms Offer Plaintiffs a Voice

The American Lawyer

At its core, the #MeToo movement has been about voice—speaking up after generations of silence endured by victims of sexual harassment and bullying in the workplace. That voice can be at its most powerful in the pages of a court complaint, where years of pain and frustration are described in the plaintiffs’ allegations.

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What Prince Andrew's Fall From Grace Tells Us About The Systems That Protect Abusers, WBUR Cognoscenti, December 5, 2019

New Revelations Reveal the Need for NBC to Confront its Past and Change its Culture, Medium, November 19, 2019

When it comes to unconscious bias, are judges at risk?, ABA Journal, October 31, 2019

The Surprising Ways Management Styles Vary by Age, Next Avenue, September 24, 2019

Getting to Know the People You Love, Medium, September 23, 2019

Grown-ups, stop giving bad career advice, Medium, August 7, 2019

Sephora, Starbucks, and the Quest for Meaningful Diversity, Medium, July 25, 2019

Jeffrey Epstein: Look for the Enablers, Medium, July 17, 2019

Gender-Discrimination Suits Against Law Firms Offer Plaintiffs a Voice, The American Lawyer, June 12, 2019

#MeToo Backlash Contradicts Research on Gender Bias, Business Law Today, June 7, 2019

How bystanders can stand up to sexual harassment in the law office, ABA Journal, June 6, 2019

How Tourists can Avoid Crime in Paradise, LinkedIn, June 4, 2019

Charting Paths to Ending Workplace Misconduct, American Bar Association, TYL Monthly, May, 2019

Exploring the Shield of Silence, LinkedIn, May 29, 2019

Mother's Day and #MeToo, LinkedIn, May 9, 2019

Many Parents Try To Buy College Admission. Only A Few Are Charged With Crimes, WBUR Cognoscenti, March 13, 2019

Considering Amy Klobuchar’s Workplace Temperament, Thin Difference, March 5, 2019

Paul Weiss, Partner Promotions and the Path to Diversity in Big Law, The American Lawyer, January 3, 2019

#MeToo Apparently Missed The Dept. Of Education, WBUR Cognoscenti, December 11, 2018

The Women Of Harvard Deserve BetterWBUR Cognoscenti, December 7, 2018

The Problem With Associate Evaluations, The American Lawyer, September 21, 2018

Trump is wrong. There is nothing surprising about Christine Blasey Ford’s accusations., The Boston Globe, September 21, 2018

Fear-fueled silence, power imbalance perpetuate bad behavior at law firms, ABA Journal, August 21, 2018

The Cost to Law Firms of Ignoring Harmful Workplace Behavior, The American Lawyer, July 9, 2018

Survey of Workplace Conduct and Behaviors in Law Firms, The Women's Bar Association, June 2018

Faragher-Ellerth at 20, How Far Have We Come? And Where Do We Need to Go, American Bar Association Labor and Law Employment, Spring 2018

This Is Why Organizations Should Not Investigate ThemselvesWBUR Cognoscenti, May 14, 2018

Commentary: Tony Robbins Claims He Wants to Help #MeToo. Here’s How He Can Start, Fortune Online, April 10, 2018

There Are Strict Rules For NFL Cheerleaders. The Players? Not So Much, WBUR Cognoscenti, April 4, 2018

The Porter Scandal Is The Latest Reminder Of What We Miss When Women Go Missing From Leadership Roles, WBUR Cognoscenti, February 15, 2018

Nassar And Sandusky Are Likely Not An Anomaly, LinkedIn Pulse, February 5, 2018

How Will Generation X Lead Big Law?, The American Lawyer, January 4, 2018

How Boomers Can Propel the #MeToo Movement, Next Avenue, December 6, 2017

Ending Sexual Harassment: Hear Women’s Voices and Take Positive Action, Thin Difference, October 24, 2017

Why Women Need to Stop Believing in Ivanka Trump, Fortune Online, September 1, 2017

Trump's Transgender Military Ban Hurts More Than Just The Troops, WBUR Cognoscenti, August 30, 2017

Want More Women In High Places? Start By Banning Elite Social Clubs At Harvard, WBUR Cognoscenti, July 25, 2017

A Mother's Response To The Health Care Debate, WBUR Cognoscenti, June 30, 2017

Why Most Advice for College Grads Won’t Help, Fortune Online, June 8, 2017

With Meme Decision, Harvard Offers A Lesson On The Importance Of Good Judgment, WBUR Cognoscenti, June 7, 2017 

Women Must Rise Up Against Republican Assault On Female Health CareWBUR Cognoscenti, May 15, 2016

How the NCAA Could Be the Biggest Hero For LGBT Rights, Fortune Online, April 4, 2017

The 3 Things You Need to Overcome Any Crisis, Fortune Online, April 2, 2017

Can Gov. Charlie Baker Fix Health Care In America?, WBUR Cognoscenti, March 28, 2017

Oscars 2017: What Leaders Can Learn from the Best-Picture Mixup, Fortune Online, February 27, 2017

How to Know When Taking Advice From a Colleague Is a Bad Idea, Fortune Online, February 15, 2017

'Nevertheless, She Persisted': Elizabeth Warren, And A Galvanizing Moment For American Women, WBUR Cognoscenti, February 10, 2017

How To Cover President Trump: 5 New Rules of Engagement For The Press, WBUR Cognoscenti, January 25, 2017

Why It’s Time to Retire the Word ‘Millennial’, Fortune Online, January 21, 2017

What Mary Tyler Moore Meant To Boomer Women, Forbes, January 17, 2017

Leadership in the Profession of Law and How It Is Changing, American Bar Association, December 19, 2016

A Cautionary Tale For The EPA, WBUR Cognoscenti, December 8, 2016

Dear Millennials, Hillary Clinton Is Not a Power-Hungry Leader, Fortune Online, October 25, 2016

The Workplace’s New Anita Hill Moment, Medium, October 14, 2016

How To Deal With Sexism When You Want a Promotion, Fortune Online, September 8, 2016

What Olympians, From Millennials To Boomers, Can Teach Us About The Workplace, WBUR Cognoscenti, August 17, 2016

Embracing a More Nuanced Role for Dads, Next Avenue, June 17, 2016

The NFL’s Nonsensical Approach To Punishment, WBUR Cognoscenti, May 16, 2016

Here's How to Be a Better Negotiator, Fortune Online, April 23, 2016

Older Women Are Being Forced Out of the Workforce, Harvard Business Review, March 10, 2016

Why Young People Need To Look At Older People Differently, Forbes, January 21, 2016

Dad’s WWII Love Letters Give a Glimpse Into a Forgotten Past, Next Avenue, November 10, 2015

Boomer and Millennial Workers Trash Each OtherNext Avenue, October 19, 2015

What every business leader can learn from Boston’s failed Olympic bid, Fortune Online, October 15, 2015

Are Baby Boomers bad role models for millennials?, Fortune Online, September 29, 2015

Is gender bias a reason to quit your job?, Fortune Online, June 17, 2015

Why I choose to put my children before my work, Fortune Online, April 17, 2015

Workplace bias: Women aren't the only victims, Fortune Online, March 18, 2015

3 Ways Boomers Can Make an Impact, Next Avenue, March 5, 2015

Why millennials have the power to change the workplace — for good Fortune Online, February 11, 2015

How Target Misfired Managing Its Boomer Workers, Next Avenue and Forbes Online, January 13, 2015

3 things you can learn from your worst boss, Fortune Online, January 13, 2015

Time to dump the 'millennials are entitled' myth, Fortune Online, December 9, 2014

Why millennials should take their parents to work, Fortune Online, November 6, 2014

Karma won't shrink the gender wage gap, Fortune Online, October 17, 2014

What employers should do about domestic violence, Fortune Online, October 14, 2014

Market Basket: The Return of Boomer Activism, Next Avenue, September 9, 2014

Pepsico CEO Nooyi Interview Shows New Reasons to Retire the Old “Having it All" Debate, LinkedIn Blog, July 5, 2014

The Unintended Leadership Lessons of the Supreme Court's Hobby Lobby Decision, LinkedIn Blog, July 2, 2014 

The Today Show's Matt Lauer Interview with Mary Barra Reveals a Gender - and Generation Gap, LinkedIn, June 27, 2014 

The Misery Of Air Travel And What We Can Do About It, WBUR, May 20, 2014

The Commencement Speech Parents Need to Hear, in Harvard Business Review, May 6, 2014

The Ultimate Legacy Challenge for Boomers, Boston College Aging and Work Blog, April 16, 2014

The Dark Side Of Getting Into College, WBUR Cognoscenti, March 18, 2014

Where They're Coming From, International Association of Business Communicators, February 2014

What This Year’s Super Bowl Ads Say About Our Culture — And Why It Matters, WBUR Cognoscenti, February 3, 2014

Millennials and Technology in Today's Workplace, PD Quarterly, February 2014

A Cautionary Tale: How Unconscious Biases Can Deliver Flawed Medical Judgments, WBUR Cognoscenti, January 28, 2014

Stanford Medical School's Plan to Attract More Female Leaders, Harvard Business Review, August 19, 2013

Solving the Law Firm Gender Gap Problem, Harvard Business Review, August 20, 2013

Millennials: What Other Generations Say About You, Law Practice Magazine, May/June 2013

'Lean In' author Sheryl Sandberg needs to 'lean in' on the workplace, The Boston Globe, March 12, 2013

Not buying offensive Super Bowl ads, The Boston Globe, February 4, 2013 

The Impact of Marriage Structures on Women’s Advancement, The Idaho State Bar Advocate, January 2013

Women’s Issues Emerge from Shadows, The Boston Herald, November 10, 2012

In New Jersey, Good Crisis Management Has Mitigated Sandy's Impact, Harvard Business Review, November 2, 2012

What About Working Fathers?, Harvard Business Review, October 24, 2012

Cheating and the Millennial Generation, The Boston Globe, September 14, 2012

Why Women at Augusta Really Are a Big Deal, Harvard Business Review, August 24, 2012

Marissa Mayer and the New Normal for Working Women, ForbesWoman (She Negotiates Blog), July 2012

Law Firms Need to Take Care of Their Talent, Harvard Business Review, July 18, 2012

Power Play Strategies for Women, Harvard Business Review, July 10, 2012

Are Women Held Back by Colleagues' Wives?, Harvard Business Review, May 16, 2012

A Key to U.S. Competitiveness: Work-Life Balance, Harvard Business Review, March 15, 2012

Subconscious Bias:  A Matter of Perception, For the Defense, October 2011

An Advocate's Path to the Judiciary, The National Law Journal, October 3, 2011

Creating Tomorrow’s Leaders:  the Expanding Roles of Millennials in the Workplace, Boston College Center for Work & Family, Executive Briefing Series, September, 2011

How the Class of 2011 Taught a Community to Grieve, MetroWest Daily, September  11, 2011

President Obama Models Work-Life Balance as Dad-In-Chief, Forbes Woman (She Negotiates Blog), August 22, 2011

The Ultimate Men's Club, The National Law Journal, May 30, 2011

Couric Bows Out as Poster Woman for Implicit Bias, Forbes Woman (She Negotiates Blog), May 20, 2011

Women Lawyers Who Are Saving the American Economy, Forbes Woman (She Negotiates Blog), May 12, 2011

Progress of the Women's Power Summit on Law and Leadership, Forbes Woman (She Negotiates Blog), April 27, 2011

Feminism Ruined My Life and Other Cautionary Tales from the Right, Forbes Woman (She Negotiates Blog), April 14, 2011

Eight Lessons Millennial Women Can Learn from Elizabeth Taylor, Forbes Woman (She Negotiates Blog), March 28, 2011

General Counsel Can Transform the Legal Profession, Forbes Woman (She Negotiates Blog), March 14, 2011

A Matter of Perception, WomenLegal, June 29, 2010

WomenLegal - Feature, April 22, 2010

When is an Equity Partner not an Equity Partner, (co-authored with Honorable Nancy Gertner and Honorable Fernande R.V. Duffly), National Law Journal, April 19, 2010 

Towards Creating a Pipeline of Women in the Legal Profession, National Association of Women Judges' Counterbalance, Winter 2010

A Message Muddled: Democrats, Discipline Thyselves, January 25, 2010

Read All About It: Lauren Stiller Rikleen on Findings of the Latest Gender Diversity Research, WomenLegal, December 29, 2009

Evaluated to (Career) Death, National Law Journal (also appeared in New York Lawyer.com and the Daily Buzz), October 19, 2009

Looks Like Lingering Bias, Boston Herald, September 30, 2009

Sexism Always Is Bad Business, Boston Herald, July 30, 2009

Why the Supreme Court Needs Sonia Sotomayor, www.RikleenInstitute.com, July 2009

A Promise of Parity, WomenLegal, June 29, 2009

High Court Pick Should Be A Woman, Boston Globe, May 6, 2009

Building Bridges, WomenLegal, March 13, 2009

Gender Bias is No Card Game, (Tucson Citizen, MetroWest Daily News, Waltham Daily Tribune, Chicago-based People’s Weekly World, and the Viselia Times-Delta/Tulare Times-Delta), March 1, 2009

Millennials: Tips for Building a Foundation for Success, ABA Law Practice, January/February 2009

Forge Equality Today by Listening to Our Heroines, The Complete Lawyer, January 20, 2009 

The First Lady:  A Job Worth a Paycheck, Washington Post, (widely reprinted in such publications as The Miami Herald, Anderson Cooper 360, The Sacremento Bee, Inside Bay Area, Arizona Republic, Hannity Show Blog, Daily Kos, AOL News, The China Post, Arab News, Journal Sentinel,  and others), January 20, 2009

Diversity in a Downturn, December 19, 2008

Change Law Firm Metrics through a Women's Initiative, The Complete Lawyer, September-October, 2008

Media Takes the Easy Way Out on Palin, (PottsMerc.com, Phoenixville News.com, and others), September 5, 2008

Summer Programs:  Set Rules of Conduct, National Law Journal, July 21, 2008

How the "Millennial" Generation Works, ABA Young Lawyer, May 2008

Women Lawyers Have Natural Allies in the Millennial Generation, The Complete Lawyer, May 2008

Solve Generational Conflict in the Workplace, The Nebraska Lawyer, Nova Scotia Business Lawyer, CUES Management Magazine, New Hampshire Bar Association news), April 18, 2008

Keep Talking, Imus, Boston Globe, November 27, 2007

Year of the Woman?, Middlesex News, Gatehouse News Service, Milford Daily News, September 23, 2007 

Everyone’s Responsibility: Eliminating Expressions of Bias, Women’s Business Boston, The Business Journal, Detroit Regional Chamber, Aqua Magazine, September 2007

What’s Your E-mail Etiquette? Six Steps to E-mail Efficiency, Webeze, July 4, 2007

Virginia Tech: the Challenge of Assuring Safety, Chronicle of Higher Education, May 11, 2007

Remember March's Best Kept Secret, San Gabriel Valley Tribune, Pasedena Star News, March 11, 2007

Reappraising Performance Appraisals, The Virginia Engineer, July 2007, The Jones Report Plus, June 2007, Partners’ Report for Law Firm Owners, June 2007, The Commonwealth Institute – TCI Press, February 2007

Too Much Multi-tasking, The Enterprise, May/June 2007, Affluent, May 2007, Wisconsin Professional Agent, March 2007

Women’s Initiatives:  Seeking New Opportunities, Delaware lawyer, Fall, 2006

Eliminating Unexamined Bias, November 2006

Getting the Best Assignments, November 2006

Women Should Want Katie Couric to Succeed, Aspen Daily News, Lake Wylie Pilot, Sacremento Bee, MetroWest Daily News, and others, September 3, 2006

Lawyer's Compensation, Jewish Advocate, July 21, 2006

Woman to Woman: Break Down Barriers Together with Women's Initiatives, Women’s Business Boston, March 2006

Strategically Seek Out/Assess Right Attorney, Women’s Business Boston, February 1, 2005

Female In-House Counsel Can Wield Economic Power To Level Playing Field In Hiring Outside Lawyers, New England In-House, February, 2004

Environmental Protection = Business Opportunity, Women’s Business, January, 2004 

DEP Must Counter the Assault on its Funding, Boston Business Journal, August 1-7, 2003

A Wake-Up Call from Hill & Barlow, Boston Globe, December 14, 2002

Time for Ladies Day:  Modern Women Gather for Age-old Practice, November 16, 2002

Women Map Their Common Ground through Meetings, Boston Sunday Herald and MetroWest Daily News, November 17, 2002

Young 'Litigators' Get Their Days in Court, Boston Business Journal, June 28-July 4, 2002 

A $1.3 Billion Tangle, Boston Sunday Globe, December 9, 2001
A Cheaper, Smarter Way for Your Child to Choose a College, Boston Sunday Globe, April 22, 2001
The Sporting Thing to do Should be to Set a Good Example, Boston Sunday Globe, February 11, 2001
Unfairly Judging a Judge, Boston Sunday Globe, December 24, 2000
I am Learning the Job as Fast as I Can, Boston Sunday Globe, December 10, 2000
Courting Change, Independently, Boston Sunday Globe, October 15, 2000
Lieberman, Judaism, and Public Confusion (co-authored with Rabbi Norman Janis), Boston Sunday Globe, August 13, 2000
Checkers to Checkmate, Cloth Coat to Silver Lining, Boston Sunday Globe, July 2, 2000
Too Long a Day in Court for Gender Bias, Boston Sunday Globe, May 21, 2000
High Paid Lawyers Will Do Dance of the Hours, Boston Sunday Globe, February 20, 2000
Running on Empty, Boston Sunday Globe, December 26, 1999
Cellucci’s Choices for SJC of Historic Proportions, Boston Business Journal, June 4-10, 1999
Reconciling One’s Environmentalism and the Duty to Represent Zealously, 33 New England L. Rev. 639, Spring 1999
Lynnfield Sheds More Than Metco, Boston Sunday Globe, March 14, 1999
Dads and Daughters – A Bond to Treasure, Boston Sunday Globe, June 21, 1998
City’s New Federal Courthouse Shines for All, Boston Business Journal, May 29 – June 4, 1998
Children Must Top Political Agenda, Middlesex News, November 2, 1997
In Brownfields Legislation Lies Redevelopment Potential, Banker & Tradesman   , May 26, 1997
Quiz Will Test and Enhance Knowledge of Chapter 21E, Banker & Tradesman, January 27, 1997
It’s Easy to Leave Common Sense Behind on Vacation, Boston Sunday Globe, January 19, 1997
The Outrageous Power Outage, The Wayland Tab, December 24, 1996
ERP Promises Fewer Environmental Permits but More Environmental Oversight, Worcester Business Journal, August 5, 1996
Are Chambers of Commerce Still Relevant? Boston Sunday Globe, May 28, 1996
Kids, Would-be Parents Wait, Boston Herald, March 23, 1996
Environmental Reforms Will Need Broad Input, Middlesex News, November 26, 1995
Weld's Reforms: Environmental Risk, Boston Sunday Globe, November 14, 1995
Prescribing Healthy Options, Boston Sunday Globe, June 15, 1995
Fund Fills in Gaps to Repair Leaky Tank Damage, Boston Business Journal, October 28, 1994
New Septic Regulations May Result In Closing Delays, Massachusetts Lawyers Weekly, October 24, 1994
Exiting Chapter 21E: A Guide to Getting Out of the MCP System, Massachusetts Lawyers Weekly, September 12, 1994
Underground Oil Tanks and Homeowner Liability, Massachusetts Lawyers Weekly, September 27, 1993
New Amendments to Chapter 21E Take Effect, New England Real Estate Journal, August 20, 1993
ADR and the New Chapter 21E: Options and Opportunities, Massachusetts Lawyers Weekly, December 14, 1992
Wanted, a Safe Recycling Plan, Boston Sunday Globe, September 8, 1992
An Occasion to Take Pride in the Profession, Massachusetts Lawyers Weekly, May 11, 1992
Time for a Superfund Cleanup, Boston Globe, July 16, 1991
Public Roadblocks to a Public Function:  Solid Waste Disposal in Massachusetts, Massachusetts Law Review, September 1990
Surviving Chapter 21E, Mass High Tech, May 21 – June 3, 1990
Problems with the MCP Waiver Process, Massachusetts Lawyers Weekly, May 29, 1989
The MCP ‘Waiver’ Process:  The Best Approach to Site Clean-ups? Waste Management Report, March 1989
DEQE Should Set Cap on its Oversight Bills, Boston Globe, January 31, 1989
New Hazardous Waste Clean-up Requirements Take Effect, Central Massachusetts Business Digest, November 1988
Rules Dramatically Change Hazardous Waste Practices, Massachusetts Lawyers Weekly, October 17, 1988
Alternate Dispute Resolution and the Enforcement of Environmental Laws:  Can they Overlap? Boston Bar Journal, January/February 1988
Sweeping Changes for Clean-ups and Settlements:  Unresolved Questions Under SARA, 2, Toxics Law Reporter, 50, June 10, 1987
Superfund Settlement:  Key to Accelerated Waste Cleanups, The Environmental Forum, August 1985
Digest of Changes Made Since May 19, 1980, in EPA Rules under Resource Conservation and Recovery Act, 14 Environment Reporter 837, February 24, 1984
Hazardous Waste:  Negotiating Superfund Settlement Agreements, 10 B.C. Environmental Affairs L. Rev. 69, 1983
Enforcement of Hazardous Waste Cases:  The Negotiation Process, Environmental Education Report & Newsletter, April/May/June 1983
The Animal Welfare Act:  Still a Cruelty to Animals, 7 B.C. Environmental Affairs L. Rev. 129, 1978, Republished in 112 Animals Magazine, February 23, 1979

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