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      Providing Expert Knowledge in an Adversarial Context: Social Cognitive Science in Employment Discrimination Cases

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      Annual Review of Law and Social Science
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          Abstract

          Quality science provides the foundation for expert testimony in court, a claim illustrated here by three established principles of social cognition frequently applied to litigation in employment discrimination cases. First, dual processes, automatic and controlled, underlie “hidden” bias. The Implicit Association Test exemplifies one controversial but scientifically tractable application of such automaticity principles. Second, encoding and attention reveal incredibly early bias. Their potential application via neuroscience in the courtroom will challenge both science and the law. Third, mental construal produces categorical representation. Legal applications show categories’ tenacity despite commonsense expectations about the impact of individuating information. Psychological scientists, expert witnesses, legal scholars, legal practitioners, and organizational managers each benefit when quality science is imported into legal contexts. Normal science disagreements should not mistakenly tarnish the credibility of quality science.

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          The Psychology of Prejudice: Ingroup Love and Outgroup Hate?

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            The Mark of a Criminal Record

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              Implicit measures in social cognition. research: their meaning and use.

              Behavioral scientists have long sought measures of important psychological constructs that avoid response biases and other problems associated with direct reports. Recently, a large number of such indirect, or "implicit," measures have emerged. We review research that has utilized these measures across several domains, including attitudes, self-esteem, and stereotypes, and discuss their predictive validity, their interrelations, and the mechanisms presumably underlying their operation. Special attention is devoted to various priming measures and the Implicit Association Test, largely due to their prevalence in the literature. We also attempt to clarify several unresolved theoretical and empirical issues concerning implicit measures, including the nature of the underlying constructs they purport to measure, the conditions under which they are most likely to relate to explicit measures, the kinds of behavior each measure is likely to predict, their sensitivity to context, and the construct's potential for change.
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                Author and article information

                Journal
                Annual Review of Law and Social Science
                Annu. Rev. Law. Soc. Sci.
                Annual Reviews
                1550-3585
                1550-3631
                December 2008
                December 2008
                : 4
                : 1
                : 123-148
                Article
                10.1146/annurev.lawsocsci.4.110707.172350
                6d878c61-a789-40a6-8f0c-8cbd7f884ee7
                © 2008
                History

                Earth & Environmental sciences,Medicine,Geosciences,Social & Behavioral Sciences,Physics,Life sciences

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