Social and Behavioral Sciences Commons^™

Looking Beyond Batson: A Different Method Of Combating Bias Against Queer Jurors, Anna L. Tayman

William & Mary Law Review

On November 27, 1978, Harvey Milk, the first openly gay elected official in California’s history, was murdered. He was shot five times, twice in the head. His murderer, Dan White, was convicted of voluntary manslaughter and served only five years in prison.

The Dan White trial is the most famous example of queer juror exclusion in American history. While White’s defense attorney, Douglas Schmidt, could not directly ask the jurors about their sexual orientation, he had another strategy: find the gays and allies and keep them out, and find the Catholics and keep them in. Schmidt struck a woman who …

Criminalizing “Private” Torture, Tania Tetlow

William & Mary Law Review

This Article proposes a state crime against torture by private actors as a far better way to capture the harm of serious domestic violence. Current criminal law misses the cumulative terror of domestic violence by fracturing it into individualized, misdemeanor batteries. Instead, a torture statute would punish a pattern crime— the batterer’s use of repeated violence and threats for the purpose of controlling his victim. And, for the first time, a torture statute would ban nonviolent techniques committed with the intent to cause severe pain and suffering, including psychological torture, sexual degradation, and sleep deprivation.

Because serious domestic violence routinely …

The Diaspora Of Ethnic Economies: Beyond The Pale?, Lan Cao

William & Mary Law Review

No abstract provided.

The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas

William & Mary Law Review

No abstract provided.