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Race in the Jury Box focuses on the racially unrepresentative jury as one of the remaining barriers to racial equality and a recurring source of controversy in American life. Because members of minority groups remain underrepresented on juries, various communities have tried race-conscious jury selection, termed "affirmative jury selection." The authors argue that affirmative jury selection can insure fairness, verdict legitimization, and public confidence in the justice system. This book offers a critical analysis and systematic examination of possible applications of race-based jury selection, examining the public perception of these measures and their constitutionality. The authors make use of court cases, their own experiences as jury consultants, and jury research, as well as statistical surveys and analysis. The work concludes with the presentation of four strategies for affirmative jury selection.
In this timely volume, the authors provide a penetrating analysis of the institutional mechanisms perpetuating the related problems of minorities' disenfranchisement and their underrepresentation on juries.
If postmortems of the 2016 US presidential election tell us anything, it's that many voters discriminate on the basis of race, which raises an important question: in a society that outlaws racial discrimination in employment, housing, and jury selections, should voters be permitted to racially discriminate in selecting a candidate for public office? In Whitelash, Terry Smith argues that such racialized decision-making is unlawful and that remedies exist to deter this reactionary behavior. Using evidence of race-based voting in the 2016 presidential election, Smith deploys legal analogies to demonstrate how courts can decipher when groups of voters have been impermissibly influenced by race, and impose appropriate remedies. This groundbreaking work should be read by anyone interested in how the legal system can re-direct American democracy away from the ongoing electoral scourge that many feared 2016 portended.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Includes the decisions of the Supreme Courts of Alabama, Florida, Louisiana, and Mississippi, the Appellate Courts of Alabama and, Sept. 1928/Jan. 1929-Jan./Mar. 1941, the Courts of Appeal of Louisiana.