Best of the Blogs

The first item that caught my eye this week was a little blog our student Priya Barnes is writing as she visits Germany, attending the Summer Session in Giessen, Germany, that Professor Fallone blogged about on Monday.  So far, she’s only offered one entry, about her travels, but I intend to watch for more….

Mark Tushnet (who gave a terrific presentation at Marquette last week, co-sponsored by the student American Constitution Society organization and the local lawyer’s chapter of ACS) raises some interesting questions about Republican-sponsored legislation that would require congressional review of proposed “major regulations.” The idea is that agency rules would be transformed into agency proposals, to be okayed by Congress.  For “non-major” proposals, Congressional silence would equal assent, while majority votes of both chambers would be required for adoption of new “major regulations.”  

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Obama’s “Feminine” Communication Style

A few weeks ago, Kathleen Parker, a writer for the Washington Post, likened Obama to a woman because of his negotiation style, calling him the first female president. (See the article here.)  Confronted with crises and criticisms, our President hasn’t responded in the alpha dog style of many male politicians. Instead, he’s a listener and talks it out. Traditionally, according to Parker, these methods are exercised almost exclusively by women. While the author is quick to commend the President on this refreshing change from the norm, she also points out that his style, especially in response to crises like the BP oil disaster, may have decreased his effectiveness.  Does this mean that women, in negotiating and communicating in this talk-it-out method are also less effective? Or is that assessment only true of men who adopt that style? The article goes on to cite research from University of Minnesota Professor Karlyn Kohrs Campbell, who asserts that men can adopt feminine communication styles without the consequence of being labelled as ineffective. Parker, however, isn’t convinced that Obama hasn’t suffered for his adoption. 

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Study Reveals Illegal Racial Discrimination in Jury Selection

Last month, the Equal Justice Initiative (EJI) released a study, “Illegal Racial Discrimination in Jury Selection: A Continuing Legacy,” which revealed a prevalence of racial bias in jury selection in the South.  The report stands as the most comprehensive study of racial discrimination in jury selection since 1986, when the US Supreme Court sought to limit the practice in the landmark case Batson v. Kentucky.

Racial discrimination in jury selection first became illegal when Congress passed the Civil Rights Act of 1875.  Despite federal legislation, people of color continue to be excluded from jury service because of their race, especially in serious criminal trials and death penalty cases.

Evidence suggests the phenomenon persists through the use of peremptory challenges.  A peremptory challenge essentially provides attorneys the ability to exclude a certain number of potential jurors without explanation of their removal.

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