Gregory Mitchell

Discovery and the Evidentiary Foundations of Implicit Bias

CO-AUTHORS Richard Black, Catherine Conway, Allan King, and Julie Totten
Employee Relations Law Journal

UVA Law Faculty Affiliations


This article documents the extent to which expert opinions regarding implicit bias rely on research that evades careful scrutiny by either the academic journals or the courts that admit the expert’s testimony, discuss the arguments that shield the data underlying research from discovery, argue for discovery of secondary data notwithstanding the arguments against disclosure, and argue for excluding expert testimony that relies on data beyond the reach of the opposing party.


Richard Black et al., Discovery and the Evidentiary Foundations of Implicit Bias, 40 Employee Relations Law Journal 4–33 (2014).

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