The end of peremptory challenges in Title VII cases?

Article Abstract:

Allowing peremptory challenges under Title VII of the Civil Rights Act of 1964 is inappropriate, wasteful, and not likely to survive. The US Supreme Court limited the use of peremptory challenges and provided trial courts with a three-part test in Batson v. Kentucky, which has been extended to civil cases in Edmonson v. Leesville Concrete Co. However, peremptory challenges do not serve the purpose of ensuring an impartial jury and the Batson test is fundamentally unworkable, particularly in Title VII cases.

Peremptory challenges, Discrimination in justice administration, Justice discrimination

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Silencing nullification advocacy inside the jury room and outside the courtroom

Article Abstract:

Jury nullification is not a practice protected by the Constitution and should be limited as much as possible to its function of merely supporting constitutional values. Proponents of nullification incorrectly view it as an independent method supporting fundamental rights. The judiciary should have discretion to limit nullification after as well as before it occurs. Control methods could include eliminating jury nullifiers and limiting advocacy of nullification external to the courtroom.

Analysis, Jury selection, Jury nullification

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