It is popular these days to talk about the "discontent" of neoliberal globalization. This "discontent" is no longer the prerogative of intellectuals. Increasingly, it comes from below, with opposition from the grassroots. But there may be another type of discontent lurking behind the scenes....

This paper proposes a test of racial bias in capital sentencing based upon patterns of judicial errors in lower courts. We model the behavior of the trial court as minimizing a weighted sum of the probability of sentencing an innocent and that of letting a guilty defendant free. We define racial...