Texas Law Review Archives
 

Volume 61
1982-1983

Issue Number 8

Article:
Benno C. Schmidt, Jr., Juries, Jurisdiction, and Race Discrimination: The Lost Promise of Strauder v. West Virginia, 61 TEXAS L. REV. 1401 (1983).
 

Abstract:
Professor Schmidt analyzes the failure of the Supreme Court to seriously address the problem of “lily-white juries” in the South in the early part of the twentieth century. He acknowledges that the Supreme Court in the 1920s, under Chief Justice White, strongly advanced the purposes of the Civil War Amendments. He explores, however, the failure of this court to apply the same strength to the problem of racial discrimination in juries. Professor Schmidt analyzes the connection between the jury service cases and the issue of federal jurisdiction over state criminal processes. He concludes that the Supreme Court’s attempts at quashing state discrimination can be enforced only with the aid of the lower federal judiciary.

 








 

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