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Full-Text Articles in Law

One Of Five: Reflections On Jim Jones' Jurisprudential Impact In His Twelve Years On The Idaho Supreme Court, Hillary Smith Apr 2018

One Of Five: Reflections On Jim Jones' Jurisprudential Impact In His Twelve Years On The Idaho Supreme Court, Hillary Smith

Idaho Law Review

No abstract provided.


Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon Jan 2017

Supreme Court Supremacy In A Time Of Turmoil: James V. City Of Boise, Richard Henry Seamon

Articles

No abstract provided.


Hybrid Jury Strikes, Aliza Plener Cover Jan 2017

Hybrid Jury Strikes, Aliza Plener Cover

Articles

Modern jury selection is pulled in two directions. Equal protection prohibits racial discrimination, but the traditional peremptory strike permits exclusion of a juror without explanation. To reconcile this tension, the Court developed the Batson framework, requiring lawyers to articulate ex post race-neutral justifications for suspicious strikes. But many doubt Batson's efficacy at uncovering latent discrimination. During the 2015-16 term, while recognizing a Batson violation in Foster v. Chatman, the Supreme Court counter-intuitively reinforced this concern. Foster is the rare case in which prosecutors documented in writing their reliance on race. A framework that depends on such transparency is weak ...