Race, Gender and the Zimmerman Trial

Now that the selection of the jury has been completed, the trial of George Zimmerman for shooting African American teenager Trayvon Martin is even more likely to be the most racially charged trail since that of O.J. Simpson. What’s more, gender will now be important as well.

Much to the disappointment of Martin’s family and civil rights advocates, the jury will include absolutely no African Americans. In addition, none of the four alternate jurors are African American. According to census figures, Florida’s Seminole County, where the trial will take place, is 11% African American.

As recently as fifty years ago, Florida did not even allow women to serve on juries, but, in the Zimmerman trial, all of the jurors will be women. Five of the six jurors have children, and two of the four alternate jurors are also women with children.

In an ideal world, the race and gender of the jurors in a trial such as Zimmerman’s would make no difference. However, Jose Baez, lead counsel in the successful defense of Casey Anthony for killing her daughter Caylee, said the racial make-up of the Zimmerman jury made the case a “slam dunk” for the defense. Widener Law Professor Jules Epstein, meanwhile, argued that the female jurors would be especially sympathetic to the loss of a child and therefore would empathize with Martin’s grieving mother.

I lack the experience to make an intelligent prediction about either the outcome of the trial or the significance race and gender will have in that outcome. Nevertheless, I’m certain that considerations of race and gender will be important in the court of public opinion. Despite ideological pronouncements that all are equal in the eyes of the law, the American public does not take this to actually be true. Americans believe that race, gender, and wealth are major factors in what the legal system produces and invites us to take as “justice.”

 

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Usufructuary Rights and the Chippewa

I am only kidding when I tell my Property students that using the word “usufruct” on their finals will yield extra credit, but I am in fact intrigued by the venerable notion of usufructuary rights. The holders of usufructuary rights may use and enjoy real property that is vested in another as long as they do not use up that property or do harm to it.

The potential assertion of usufructuary rights has surfaced recently in conjunction with Governor Walker’s efforts to prompt iron ore mining along the northern rim of Wisconsin and to create sales opportunities for manufacturers of mining equipment. Native Americans and particularly several bands of Chippewa (formally recognized branches of the Ojibwe people) have opposed the development of the mines because mining waste contains sulfides that pollute wetlands, streams, and groundwater. And, as it turns out, the Chippewa have usufructuary rights related to the lands where the projected mines will be located!

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Residency Requirements and the Sense of Community

Ray Papke, my late father, was a maintenance man for Milwaukee Public Schools and proud of it. He had no quarrel with the requirement that City of Milwaukee employees live within the City. He was born in Milwaukee, worked for Milwaukee, and pleased to live in Milwaukee.

Were he alive today, Ray Papke would have opposed Governor Scott Walker’s proposed elimination of residency requirements for City employees, but I can’t imagine him voicing the common arguments against the proposal. To wit, (1) Property values in the city will fall, (2) The City’s racial and ethnic diversity will decline, and (3) People are more effective working for others if they know and live with them.

No, Ray Papke’s position was one based on a more fundamental sense of community, one that literally had a geographic foundation. He lived and worked for this town in this place. This view of social life is of course missing in the Governor’s vision of free-floating individuals who should be able to live wherever they want. It’s also missing in the arguments of the Governor’s opponents, arguments primarily couched with reference to socio-economic concerns and workers’ efficiency.

I fear that the vision of community held dear by Ray Papke was buried along with him and his generation of honest, patriotic, blue-collar Americans. We cannot relive the past, but these Americans were in touch with something that added depth and meaning to their lives.

 

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