Article:
Nancy S. Marder, Beyond Gender: Peremptory Challenges and the Roles of the Jury, 73 TEXAS L. REV. 5 (1995).
 

Abstract:
Should any peremptory challenges be allowed now that peremptories are no longer permitted on the basis of race or gender? Professor Nancy Marder argues that the answer should depend on whether peremptory challenges help or hinder the jury in the performance of its various roles. What underlie the debate are competing visions of the jury. One vision of the jury is as a public institution; another is as a protector of parties’ rights. The Supreme Court has taken a view of the jury as a public institution in its Fourteenth Amendment jury cases and as a protector of parties’ rights in its Sixth Amendment jury cases. Professor Marder also argues for eliminating peremptories by revisiting the Sixth Amendment with insights about the jury as a public institution gained from the Fourteenth Amendment.