Professor Elayne E. Greenberg’s article Unshackling Plea Bargaining from Racial Bias has been published in the Journal of Criminal Law & Criminology, Vol.111, Issue No.1. This article traces the origins of racial bias in plea bargaining by chronicling the historical relationship among three societal developments: the continuation of slavery, the development of our criminal justice system, and the evolution of plea bargaining. The article then explains how the structure of plea bargaining as it is practiced today makes it likely for these historical racial biases to fester and manifest themselves. Culling from the research of cognitive psychologists, dispute system design scholars, and anti-racism educators, this article prescribes organizational and procedural reforms to unshackle plea bargaining from racial bias.

The article is available here.

In addition, Professor Greenberg’s article Hey, Big Spender: Ethical Guidelines for Dispute Resolution Professionals when Parties are Backed by Third-Party Funders, originally published in the Arizona State Law Journal (Spring 2019), has been republished in the book Mandatory Disclosure Rules for Dispute Financing, published by the Center on Civil Justice, New York University School of Law. The book also includes Professor Greenberg’s follow-up article Please Ask, Please Tell: Disclosing Third-Party Funding in Mediation.