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Washington Supreme Court Quotes Vice Dean Page's Article on Batson Challenges

09/03/2013

The Washington Supreme Court repeatedly quoted Vice Dean Antony Page's article, “Batson's Blind Spot: Unconscious Stereotyping and the Peremptory Challenge,” 85 B. U. L. REV. 155 (2005) in the case Washington v. Saintcale, decided August 1.

The lead opinion recognized, as argued in Vice Dean Page's article, that racism is often unintentional or unconscious. Lawyers striking jurors may not know their true motivations, and Batson fails to adequately address these situations.  The court declined, however, to strengthen the protection offered by Batson on the grounds that the issue was not raised or argued in the lower courts.

Vice Dean Page’s scholarship has been published in a variety of journals, and his work has been cited by U.S. courts, including the Supreme Court and several other state supreme courts.


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