(University of Oregon School of Law, 2007) Geisinger, Alex
Part I of this Article provides a short introduction to the
problem of profiling and states’ regulatory responses. Part II
describes the model of rational behavior that underlies the
traditional conception of both profiling and regulatory responses. Part II then provides a new model of “implicit”
profiling based primarily on the cognitive processes of
categorization, and discusses the way in which this cognitive
model reframes the basic profiling debate. Assuming the
implicit processes involved in profiling, Part III considers
alternative regulatory responses to profiling.
