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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?