Oregon Law Review : Vol. 86 No. 3, p. 657-678 : Rethinking Profiling: A Cognitive Model of Bias and Its Legal Implications
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.