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51 Wake Forest L. Rev. 339 (2016)
Beyond the Metatheoretical: Implicit Bias in Law Review Article Selection

handle is hein.journals/wflr51 and id is 359 raw text is: BEYOND THE METATHEORETICAL: IMPLICIT BIAS IN LAW REVIEW ARTICLE SELECTION Michael J. Higdon* The eye sees only what the mind is prepared to comprehend. -Henri Bergson1 INTRODUCTION In the early 1970s, the leading symphonies in the United States were composed almost entirely of men.2 In fact, only about five percent of the musicians comprising those symphonies were female.3 Of course, given the time period, such disparity is hardly surprising. After all, it was not until the late 1960s and early 1970s when the women's rights movement began to really capture the attention of the American people and, perhaps most importantly, the American government.4 Nonetheless, in the 1980s-a time when people were much more concerned with gender discrimination-the percentage of female musicians was still abysmally low, with no major orchestra reporting a composition more than twelve percent female.5 Since the 1980s, however, the numbers have risen drastically. In 2014, for example, it was estimated that, on average, women made up about thirty-seven percent of the top twenty orchestras in the United States.6 If you are wondering what led to this huge increase in such a relatively short period of time, the answer might surprise you. * Associate Professor and Director of Legal Writing, University of Tennessee College of Law. 1. ARMAND LAUFFER, UNDERSTANDING YOUR SOCIAL AGENCY 38 (3d ed. 2010). 2. See HOWARD J. Ross, EVERYDAY BIAS: IDENTIFYING AND NAVIGATING UNCONSCIOUS JUDGMENTS IN OUR DAILY LIVES 122 (2014) (noting that in 1970 the Boston Symphony Orchestra, the Cleveland Orchestra, the Philadelphia Orchestra, the New York Philharmonic, and the Chicago Symphony Orchestra were mostly composed of male musicians). 3. Id. 4. See ALICE KESSLER-HARRIS, IN PURSUIT OF EQUITY: WOMEN, MEN, AND THE QUEST FOR ECONOMIC CITIZENSHIP IN 20TH-CENTURY AMERICA 280-81 (2001) (explaining that as women began working more frequently outside of the home, the government started prohibiting sex-based workplace discrimination in the 1970s). 5. Ross, supra note 2, at 122. 6. Suby Raman, Graphing Gender in America's Top Orchestras, TUMBLR 339

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