We develop new quasi-experimental tools to measure disparate impact, regardless of its source, in the context of bail decisions. We show that omitted variables bias in pretrial release rate comparisons can be purged by using the quasi-random assignment of judges to estimate average pretrial...

This paper develops a new test for identifying racial bias in the context of bail decisions – a high-stakes setting with large disparities between white and black defendants. We motivate our analysis using Becker's (1957) model of racial bias, which predicts that rates of pre-trial misconduct...

There is growing concern that the rise of algorithmic decision-making can lead to discrimination against legally protected groups, but measuring such algorithmic discrimination is often hampered by a fundamental selection challenge. We develop new quasi-experimental tools to overcome this...