August 17, 2017 Articles

Does Your Expert’s Gender Matter? Explicit and Implicit Bias in the Courtroom

By Nicole D. Galli and Marta L. Villarraga

As anyone who has been involved in litigation for any length of time knows, men still typically outnumber women in the courtroom, although the gap is closing. As researchers continue to explore gender differences in the courtroom, female lawyers, litigants, and experts deal every day with the issues gender differences create. Stories abound regarding implicit and explicit gender bias in the law. In this article, we review some of the recent research looking at the impact of gender bias—if any—on experts and case outcomes, and offer some stories and suggestions from our own and our colleagues’ experiences for how to mitigate any negative impact of gender bias in litigation.

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