Racial Bias Trends in the Text of US Legal Opinions

Abstract: Although there is widespread recognition of racial bias in US law, it is unclear how such bias appears in the language of law, namely judicial opinions, and whether it varies across time period or region. Building upon approaches for measuring implicit racial bias in large-scale corpora, we approximate GloVe word embeddings for over 6 million US federal and state court cases from 1860 to 2009. We find strong evidence of racial bias across nearly all regions and time periods, as traditionally Black names are more closely associated with pre-classified "unpleasant" terms whereas traditionally White names are more closely associated with pre-classified "pleasant" terms. We also test whether legal opinions before 1950 exhibit more implicit racial bias than those after 1950, as well as whether opinions from Southern states exhibit less change in racial bias than those from Northeastern states. We do not find evidence of elevated bias in legal opinions before 1950, or evidence that legal opinions from Northeastern states show greater change in racial bias over time compared to Southern states. These results motivate further research into institutionalized racial bias.