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BA621-L1A9 - February 1 2010 BA621 Business Law Lesson#1...

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February 1, 2010 – May 21, 2010 BA621 Business Law Lesson #1 Assignment #9 This case (pages 61-62 of your text) is in the book to present some interesting issues that arise in selecting juries. The specific issue the Court addressed was whether the Equal Protection Clause prohibits gender-based preemptory challenges. The issue arose in a paternity suit when the state used its peremptory challenges to remove male jurors. The defendant removed a male juror, and then an all-female jury found J.E.B. to be the father of T.B.’s baby. The courts recognize that rules must evolve as our social needs and understandings change. Hence, the courts must struggle with achieving a balance between order and flexibility. J.E.B. provides an opportunity to use our critical thinking to see this tension in action. Answer these questions (from page 63 of your text). 1) What facts in our society have become more visible such that Justice Blackmun feels it appropriate to expand the application of Batson? Clue: What about our history makes Blackmun's reasoning less likely to have been the basis for a Supreme Court decision in 1950? The self-titled “Land of the Free” has an ironic history of racism and sexism pervading its judicial and political systems. While slavery may have been abolished centuries ago, discrimination against minorities continues to this day. Not even a century ago, many women did not have the right to vote in the U.S., and still there are disparities between what women are theoretically “allowed” to do (become President, own businesses, have fair juries, etc.) and what the popular majority of men “let” them do. This situation is no different, as even though it was men who were discriminated in this situation, the intent was to discriminate and deprive the voice of a classification of people.
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