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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Wendy Selig-Prieb: “I’m Still a Brewers Fan Through and Through”

Mark Attanasio “has been everything anyone would want in an owner.”

He has embraced Milwaukee, taken the Milwaukee Brewers organization “to the next level,” and made thoughtful, smart business decisions.

That’s the kind of praise a happy fan of the local baseball team might well offer.

In this case, the praise comes from Wendy Selig-Preib, the woman who was president and CEO of the Brewers when the decisions were made in 2004 and 2005 to put the team up for sale and to choose the Los Angeles financial manager as the new owner. 

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Dean James Jenkins: Baseball Pioneer

Next week marks both the opening day of the baseball season in Milwaukee and the finals of the Jenkins Moot Court competition.  Few recognize the historical connection between these two events.

The moot court competition is named for James G. Jenkins, the first dean of the Law School whose bust adorns the waiting area outside the elevator stop on the second floor of Sensenbrenner Hall.  What is not very well known is that Jenkins was also instrumental in the re-establishment of baseball in Milwaukee after the Civil War.

The first modern baseball club, i.e., one playing by the so-called New York rules that mark the beginning of baseball as we now know it, was established in Milwaukee in 1860.  This amateur organization, known as the Milwaukee Baseball Club, featured more members of the bar than any other occupation.  Jenkins arrived in Milwaukee (from New York) in 1857, and was probably a member of this first club.

Unfortunately, the Milwaukee Baseball Club folded during the Civil War, and Milwaukee reverted to the status of a “city with no modern baseball club.”  However, baseball was restored on August 17, 1865, when a new club was organized headed by stationer H. H. West and lawyers Samuel Howard and  James G. Jenkins.  When the club reorganized in October with a written constitution and by-laws, West and Jenkins were elected president and vice-president of the club, now dubbed the Cream City Baseball Club of Milwaukee.  (Cream city referred to the distinctive color of bricks widely used in the construction of mid-nineteenth-century Milwaukee.)

The new club’s first game was played on November 7, 1865, and was the result of a challenge from a group of young baseball enthusiasts (many of which were also members of the Cream City club).  The challengers batted first, and when the Cream City club took the field, who should be on the mound but our own James G. Jenkins?  When it was the home team’s turn to bat, Jenkins also led off the batting order.

The game was scheduled for nine innings, but was called after seven because of darkness.  Pitching underhanded in the style of the time, the 31-year old Jenkins took a 14-10 lead into the fourth inning before his opponents really figured out his pitching.  Jenkins gave up ten runs in the fourt and eleven more in the sixth, and while the Cream City players had no trouble scoring runs themselves, they ended up on the short end a 36-30 score.

Early box scores recorded only name, position, runs, and outs made, but Jenkins appears to have had a successful day at the plate (which was square), scoring four runs and making only 2 outs.

A number of additional matches were played that November, and in April of 1866, the club organized for the new season in Jenkins’ office.  (He was then the Milwaukee city attorney.)  However, the level of Jenkins’ involvement with the club as both an official and a player began to wane after that.  His focus increasingly turned to politics, and though unsuccessful, he was later the candidate of the Democratic Party for governor and the United States Senate.  He did go on to a lengthy career as a federal judge and ended his public career as the dean of the Marquette Law School from 1908 to 1916.

Much of this information is taken from Dennis Pajot’s wonderful new book, The Rise of Milwaukee Baseball: The Cream City from Midwestern Outpost to the Major Leagues, 1859-1901 (McFarland & Company 2009).  For a biographical profile of Jenkins, see here.

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