Professor Jennifer Eberhardt to Speak in San Francisco on Unconscious Bias in Law Enforcement

Professor Jennifer Eberhardt

Jennifer Eberhardt, Professor, Department of Psychology at Stanford University, will join NAFUSA at the September conference in San Francisco to speak on unconscious bias in law enforcement. As described on Professor Eberhardt’s website, A social psychologist at Stanford University, she investigates the consequences of the psychological association between race and crime. Through interdisciplinary collaborations and a wide ranging array of methods—from laboratory studies to novel field experiments—Eberhardt has revealed the startling, and often dispiriting, extent to which racial imagery and judgments suffuse our culture and society, and in particular shape actions and outcomes within the domain of criminal justice.

Eberhardt’s research not only shows that police officers are more likely to identify African American faces than white faces as criminal, she further shows that the race-crime association leads people to attend more closely to crime related imagery. In one experimental study, for example, people who were exposed to black faces were then more quickly able to identify a blurry image as a gun than those who were exposed to white faces or no faces.

The race-crime association extends beyond the laboratory. Using an actual database of criminal defendants convicted of a capital crime, Eberhardt has shown that among defendants convicted of murdering a white victim, defendants whose appearance was more stereotypically black (e.g. darker skinned, with a broader nose and thicker lips) were more likely to be sentenced to death than if their features were less stereotypically black. This finding held even after the researchers controlled for the many non-racial factors (e.g. the severity of the crime, aggregators, mitigators, the defendant’s attractiveness, etc.) that might account for the results.

Extending the sentencing research to juveniles, Eberhardt found that bringing to mind a black juvenile offender leads people to view juveniles in general as more similar to adults and therefore deserving of more severe punishment. Further, in a study with actual registered voters, Eberhardt found that highlighting the high incarceration rate of African Americans makes people more, not less, supportive of the draconian policies that produce such disparities.

Eberhardt’s research suggests that these racialized judgments may have roots deeper than contemporary rates of crime or incarceration. In a series of studies, she has unearthed evidence that African Americans sometimes become objects of dehumanization. Specifically, Eberhardt has found that even people who profess to be racially unbiased may associate apes and African Americans, with images of one bringing to mind the other.

The dehumanization finding may help to explain the dynamics that occur within the criminal justice context, where high profile controversies feature African Americans who are shot by police or citizens who feel threatened, even though the African American is unarmed. According to Eberhardt’s research, the implicit association between African Americans and apes may lead to greater endorsement of police violence toward, or mistreatment of, an African American suspect than a white suspect.

As daunting as are the problems Eberhardt illuminates, she has recently begun to work with law enforcement agencies to design interventions to improve policing and to help agencies build and maintain trust with the communities they serve. The problems associated with race are ones we have created, she believes, and they are also ones we can solve. Spurred by the innovation that is the hallmark of Silicon Valley, she aims to combine social psychological insights with technology to improve outcomes in the criminal justice context and elsewhere.

Jennifer Eberhardt received a B.A. (1987) from the University of Cincinnati, an A.M. (1990) and Ph.D. (1993) from Harvard University. From 1995 to 1998 she taught at Yale University in the Departments of Psychology and African and African American Studies. She joined the Stanford faculty in 1998, and is currently a professor in the Department of Psychology and co-director of SPARQ, a university initiative to use social psychological research to address pressing social problems.

Professor Eberhardt’s first book “BIASED: Uncovering the Hidden Prejudice That Shapes What We See, Think, and Do” will go on sale on March 26.

 

Willy Ferrer Named Executive Partner of Holland & Knight’s Miami Office

NAFUSA member Wifredo A. “Willy” Ferrer has been named executive partner of Holland & Knight’s Miami office. Ferrer will oversee the day-to-day management of the office, while continuing his white collar defense, corporate compliance, and internal investigations practice. Holland & Knight’s Miami office is one of the firm’s largest, with 260 attorneys and staff.

Ferrer served as the U.S. Attorney for the Southern District of Florida for nearly seven years. His distinguished career also includes working as Deputy Chief of Staff and Counsel to former U.S. Attorney General Janet Reno. He joined Holland & Knight in 2017, and he leads the firm’s Global Compliance and Investigations Team.

Steven Sonberg, managing partner of Holland & Knight said, “While serving as the U.S. Attorney, Willy led a department of nearly 500 lawyers and staff. Since joining Holland & Knight, he has earned the respect and admiration of his colleagues and inspires the best in everyone. I’m confident he will accomplish great things for the office and the firm.”

“Holland & Knight is filled with superb lawyers and wonderful staff who work hard to provide excellent representation to our clients and many hours of dedicated service to our community,” said Ferrer. “My commitment is to continue to build on the great work that others have done over the years to ensure our office continues to be defined by excellence, collegiality, and teamwork.”

About Holland & Knight LLP:  Holland & Knight is a global law firm with more than 1,300 lawyers and other professionals in 28 offices throughout the world. Its lawyers provide representation in litigation, business, real estate and governmental law. Interdisciplinary practice groups and industry-based teams provide clients with access to attorneys throughout the firm, regardless of location.

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Doug Jones Publishes Book on the Birmingham Church Bombing

NAFUSA member and United States Senator Doug Jones has published a book on the September 15, 1963 bombing of the 16th Street Baptist Church in Birmingham, Alabama. Four young girls were murdered and twenty-two others injured. Then US Attorney Doug Jones tried and convicted the final two suspects in 2001 and 2002.

The book “Bending Toward Justice” was published this month and is receiving significant praise.

“For 40 years, justice had gone undone in the brutal murder of four young girls in the Sixteenth Street Baptist Church. Forty years of pain and hurt for the families of those young girls and their community. Forty years of the Klan laughing at justice, getting away with the act of a coward.
Doug Jones said no more. Justice had to be done. Those young girls deserved it. Their families deserved it. The community needed it. It took courage, commitment, and persistence. And—maybe most of all—heart.” —former vice president Joe Biden

“This book describes the painful sacrifice that was required, and may be called for again, for us to move toward true democracy in America. Facing the truth of our dark past with honesty and humility is the only way this nation can heal these deep wounds. But knowing the truth Jones shares in this book can set this nation free to earnestly build a more perfect union.” —Rep. John Lewis

 

Trump to Nominate Jeffrey Rosen as DAG

Jeffrey Rosen

President Trump intends to nominate Jeffrey A. Rosen as Deputy Attorney General of the United States. Attorney General William P. Barr issued the following statement:

Jeffrey Rosen is a distinguished lawyer who has served at the highest levels of government and the private sector,” said Attorney General William P. Barr. “As an attorney, he has more than 35 years’ experience litigating complex matters in state and federal courts across the country, including as a partner at Kirkland & Ellis. He supervised more than 400 attorneys while serving as General Counsel at the Department of Transportation and also served as General Counsel and Senior Policy Advisor at the White House Office of Management and Budget. He currently serves as Deputy Secretary of Transportation, where he leads 50,000 employees.  His years of outstanding legal and management experience make him an excellent choice to succeed Deputy Attorney General Rod Rosenstein, who has served the Department of Justice over many years with dedication and distinction.

A Justice Department official said Monday that Rod Rosenstein planned to step down in mid-March.

Barr Confirmed as Attorney General

Official White House Photo by Tia Dufour

The United States Senate today confirmed William P. Barr as attorney general by a vote of 54 to 45. NAFUSA member Senator Doug Jones was one of the three Democrats to support Barr. He was immediately sworn in as the 85th Attorney General during a ceremony in the Oval Office of the White House, where Chief Justice John Roberts administered the oath of office. Barr joins John Crittenden (1841 and 1850-1853) as one of the only two people in U.S. history to serve twice as attorney general.

The Department of Justice advised in a release,

Mr. Barr is rejoining the Department of Justice where he previously served as the 77th Attorney General of the United States from 1991 to 1993 under President George H.W. Bush. Mr. Barr also served as the Deputy Attorney General from 1990 to 1991 and as the Assistant Attorney General of the Office of Legal Counsel from 1989 to 1990. While serving at the Department, Mr. Barr helped create programs and strategies to reduce violent crime and was responsible for establishing new enforcement policies in a number of areas including financial institutions, civil rights, and antitrust merger guidelines. Mr. Barr also led the Department’s response to the Savings & Loan crisis; oversaw the investigation of the Pan Am 103 bombing; directed the successful response to the Talladega prison uprising and hostage taking; and coordinated counter-terrorism activities during the First Gulf War.

 

Most recently, Mr. Barr served as Of Counsel at Kirkland & Ellis. Before his work at Kirkland & Ellis, he served as Executive Vice President and General Counsel for GTE Corporation from 1994 until 2000 and as Executive Vice President and General Counsel of Verizon from 2000 to 2008.

 

Mr. Barr served as a law clerk under Judge Malcolm Wilkey of the U.S. Court of Appeals for the District of Columbia Circuit, and from 1982 to 1983, served on the White House Domestic Policy Staff under President Ronald Reagan. He received his A.B. in government in 1971 and his M.A. in government and Chinese studies in 1973, both from Columbia University. From 1973 to 1977, Mr. Barr served in the Central Intelligence Agency before receiving his J.D. with highest honors from George Washington University Law School in 1977.

 

Barr is expected to recommend Jeffrey A. Rosen, a longtime colleague at Kinkland & Ellis, to be the deputy attorney general. Rosen is the current deputy secretary of transportation. He held senior positions at the Office of Management and Budget and the Department of Transportation during President George W. Bush’s administration. Rod Rosenstein, the current deputy attorney general is expected to leave within a few days.

Ex-U.S. Attorney Neronha lands state attorney general post

Neronha, 54, a Democrat, overwhelmed Alan Gordon, of the Compassion Party, to win his first seat in public office. With 99.8 percent of precincts reporting, Neronha had 79.8 percent of the vote.

“It feels good to have an opportunity to serve the public in Rhode Island again,” Neronha said.

Among his first goals will be building a strong team and increasing the office’s outreach in the community, he said.

Neronha led the U.S. Attorney’s office from 2009 through 2017. There, he oversaw a staff of 21 assistant U.S. Attorneys after being nominated to the post by President Barack Obama. He joined the office in 2002 after working six years as state prosecutor.

Throughout his tenure as U.S. Attorney, the office prosecuted a string of public corruption probes that took down former Democratic House Speaker Gordon Fox, three North Providence councilmen, former Central Falls Mayor Charles Moreau and onetime House Finance Committee Chairman Raymond E. Gallison Jr.

A native Rhode Islander, Neronha, of Jamestown, said he planned to continue focus on public corruption in the Ocean State.

He is married to Shelly Neronha, a doctor in southern Rhode Island. The couple has two sons.

New Study of U.S. Attorneys Published

NAFUSA members will find interesting the publication of the Oxford University Press book, coauthored by Brett Curry, Professor of Political Science at Georgia Southern University, and Banks Miller, Associate Professor of Political Science & Public Policy at the University of Texas at Dallas, “U.S. Attorneys, Political Control, and Career Ambition.” Here is the link to the book’s page at Oxford UP: https://global.oup.com/academic/product/us-attorneys-political-control-and-career-ambition-9780190928247?cc=us&lang=en&#

The first book-length treatment of USAs in more than 40 years, this study is accessible, and discusses aspects of the history surrounding the USA position while also offering an empirical investigation of specific issue areas spanning the Reagan-Obama presidencies. It incorporates anecdotes involving more than 50 former USAs throughout the book; Professor (and former AUSA) Dan Richman of Columbia Law School has written an endorsement on the book’s cover.
The last scholarly book devoted to U.S. Attorneys was “Counsel for the United States,” by James Eisenstein.

Bill Killian’s New Book Published

NAFUSA member William “Bill” Killian (ED Tennessee 2010-2015), has authored a new book, “Won’t Back Down: The Journey from Small Town Tennessee to Presidentially Appointed United States Attorney.” In a compilation of legal anecdotes, Bill shares the experiences, cases, and instances of injustice that defined his career as a trial lawyer and his path to becoming a United States Attorney.

Prior to his work as U.S. Attorney, Killian was a sole practitioner in his law firm in Jasper, Tenn., was city attorney for the city of Monteagle, Tenn. for 21 years and was the assistant district attorney for the Twelfth Judicial District in Tennessee. Throughout his professional career, Killian has held various teaching positions with colleges and universities in east Tennessee and the University of Tennessee College of Law. He served in the United States Army and the Tennessee National Guard from December 1970 to January 1973.

Killian earned his law degree from the University of Tennessee School of Law in 1973 after completing his B.S. from the University of Tennessee at Knoxville. He is a former member of the Tennessee Bar Association House of Delegates and the Board of Directors for the American Red Cross Chattanooga Chapter.

Chuck Rosenberg to Speak in San Francisco on The Duty of Candor To The Court

Chuck Rosenberg

NAFUSA life member Chuck Rosenberg (ED Virginia 2006-2008, Texas 2005-2006) and the former Acting Director of DEA), will return to present the 2019 ethics lecture at the annual NAFUSA conference in San Francisco, September 25-27. Chuck organized last year’s excellent panel on the opioid crisis. This fall, Chuck will speak on “The Korematsu Story–The Duty of Candor to The Court. Registration for the September conference is expected to begin in June.

Here is his preview:

In early 1942, following the Japanese attack on Pearl Harbor, FDR issued Executive Order 9066, enabling west coast military commanders to set up curfews and exclusion zones, ostensibly to protect the US against sabotage by Japanese Americans.  More than 110,000 Japanese Americans on the west coast were relocated to internment camps, primarily in the mountain west.  However, two reports – one commissioned by the State Department and one conducted by the Naval Office of Intelligence – showed that there actually was not a significant threat from Japanese Americans living on the west coast.  Indeed, for the most part, those reports showed quite the opposite and, to the extent there was a threat from Japanese Americans, it was confined to a small group of individuals largely known to the FBI and national security officials, many of whom were already under surveillance or in custody.  Further, at least two DOJ attorneys knew about the Munson and Ringle reports and believed – and put it in writing – that withholding the findings from those reports from the Supreme Court in connection with the litigation of the Hirabayashi (curfew) and Korematsu (exclusion) cases amounted to a suppression of evidence.  Those DOJ attorneys lost an internal debate to the Solicitor General, who concealed the information from the Court and misled it in oral argument in response to a direct question about the views of the USG on the threat posed by Japanese Americans.  About seven decades later, the SG’s office (led, at the time, by Neal Katyal) confessed error, acknowledging that the reports had been suppressed and that providing truthful information to the Court was not only required but might have affected the outcome.