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Appellate Practice,
Law Practice

May 2, 2022

I’m just asking or the fear of offense

Sensitivity to the legitimate feelings and sensibilities of others is a necessity and a moral obligation as we become aware of inequities and biases we ignored or overlooked in the past.

2nd Appellate District, Division 6

Arthur Gilbert

Presiding Justice
2nd District Court of Appeal, Division 6

UC Berkeley School of Law, 1963

Arthur's previous columns are available on gilbertsubmits.blogspot.com.

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In my March column “Biased About Being Biased,” we (“we” because, in some mystical way, I consider my readers co-authors) tried to negotiate a path through the forbidding terrain of implicit bias. To refresh our memories, I include my last paragraph: “So, while my colleagues and I strongly support education and awareness to heighten our sensitivity to implicit bias, I cannot help but pose the question of whether we may take that concern too far? Can we carry our conce...

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