“Preface: Recognizing Implicit Bias in the Scientific & Legal Communities” by David Baltimore, David S. Tatel, and Anne-Marie Mazza

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https://doi.org/10.1162/daed_e_02043

Preface: Recognizing Implicit Bias

in the Scientific & Legal Communities

David Baltimore, David S. Tatel & Anne-Marie Mazza

everal years ago, in the Fall 2018 volume of

Dædalus

, we wrote “Bridging the

Science-Law Divide,” an essay about the work of the National Academies of

Sciences, Engineering, and Medicine’s Committee on Science, Technology,

and Law.

In that essay, we discussed the importance of having the legal and sci

entific communities engage with each other on a host of issues, and highlighted

work that the committee conducted on the courts’ handling of scientific evidence

and on society’s governance of emerging technologies. We mentioned that, in the

coming years, the committee hoped to focus on the issue of implicit bias (referred

to as “unconscious bias” in our 2018 essay), as it was becoming increasingly evi

dent that factors outside individual awareness were affecting personal and insti

tutional decision-making that hindered the full participation of all our citizens.

In a provocative talk at Georgetown University in 2017, Justice Ruth Bader

Ginsburg remarked that confronting unconscious bias would be the next big chal

lenge for the courts. The Supreme Court, in an opinion by Justice Anthony M.

Kennedy, recognized the importance of addressing disparate impact liability

it helps uncover discriminatory intent and counteract unconscious prejudices.

Not only are the courts wrestling with implicit bias but society has begun to

recognize that implicit bias is a challenge for society at large, playing out in all

kinds of environments: education, policing, housing, and everyday activities. In

facing this challenge, we have been thrilled to receive encouragement from col

leagues like Darren Walker, president of the Ford Foundation, who agreed to sup

port our effort to focus on the science of implicit bias by providing our committee

with the opportunity to organize a workshop on this important topic. The 2021

workshop, entitled “The Science of Implicit Bias: Implications for Law and Pol

icy,” which was thoughtfully cochaired by Justice Goodwin Liu and Dr. Camara

Jones, vividly highlighted how implicit bias is hindering our country’s ability to

give all citizens opportunities to reach their full potential, and become fully en

gaged members of our nation.

As we see from the essays in this volume–that focus on what science tells us

about implicit bias, what the implications of not addressing it are for a fair and

equitable society, and what might be done to lessen its impact–implicit bias does

not have to be the determining factor in our decision-making. We can build a so

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153 (1) Winter 2024

David Baltimore, David S. Tatel & Anne-Marie Mazza

ciety and institutions that take steps to mitigate some of its harmful effects. Thus,

we hope you find the essays in this collection informative. We were delighted to

read pieces by many of the experts who participated in the 2021 workshop and to

learn from others who agreed to contribute to this volume.

about the authors

David Baltimore

, a Fellow of the American Academy since 1974, is the Judge Shir

ley Hufstedler Professor of Biology and President Emeritus at the California Insti

tute of Technology. He is the author of over seven hundred articles in virology and

immunology.

David S. Tatel

, a Fellow of the American Academy since 2015, is Senior Counsel

at Hogan Lovells, and a retired Judge of the United States Court of Appeals for the

District of Columbia Circuit.

Anne-Marie Mazza

is the Senior Director of the Committee on Science, Tech

nology, and Law for the National Academies of Sciences, Engineering, and Medi

cine, and former Executive Director of the President’s Council of Advisors on Sci

ence and Technology.

endnotes

David Baltimore, David S. Tatel, and Anne-Marie Mazza, “Bridging the Science-Law

Divide,”

Dædalus

147 (4) (Fall 2018): 181–194,

https://www.amacad.org/publication

/bridging-science-law-divide

Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc.

, 576

U.S. 519 (2015).

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