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Full-Text Articles in Law and Race
Jury Selection In The Weeds: Whither The Democratic Shore?, Jeffrey Abramson
Jury Selection In The Weeds: Whither The Democratic Shore?, Jeffrey Abramson
University of Michigan Journal of Law Reform
This Article reports on four federal jury challenges in which the trial judge or defendants retained the author to provide research on jury selection plans. The research shows a persistent and substantial loss of representation for African Americans and Hispanics on federal juries, even though no intentional discrimination took place. Problems with undeliverable jury summonses, as well as failure to respond to summonses, were the main causes of departures from the ideal of cross-sectional jury selection. However, a cramped understanding of what it takes for a defendant to prove that minority jurors were systematically excluded, as required by Duren v. …
Leveling Localism And Racial Inequality In Education Through The No Child Left Behind Act Public Choice Provision, Erika K. Wilson
Leveling Localism And Racial Inequality In Education Through The No Child Left Behind Act Public Choice Provision, Erika K. Wilson
University of Michigan Journal of Law Reform
School district boundary lines play a pivotal role in shaping students' educational opportunities. Living on one side of a school district boundary rather than another can mean the difference between being able to attend a high-achieving resource-enriched school or having to attend a low-achieving resource-deprived school. Despite the prominent role that school district boundary lines play in dictating educational opportunities for students, remedies formulated by the federal judiciary-the institution frequently looked upon to address issues of school segregation and inequality-are ineffective in ameliorating disparities between school districts. They are ineffective because the federal judiciary evidences a doctrinal preference for localism …
The Rise And Fall Of Affirmative Action Injury Selection, Avern Cohn, David R. Sherwood
The Rise And Fall Of Affirmative Action Injury Selection, Avern Cohn, David R. Sherwood
University of Michigan Journal of Law Reform
The U.S. District Court for the Eastern District of Michigan has historically experienced difficulty in achieving jury compositions that truly represented the surrounding community. In response, the Authors share their insight as to how the court instituted a "balancing" program. By reducing the number of white names in the jury wheel, the balancing program successfully incorporated more minorities into the jury system. The Authors further discuss the Sixth Circuit decision, United States v. Ovalle, which marked the end of the balancing program.