Color-Blind But Not Color-Deaf: Accent Discrimination in Jury Selection
Every week brings a new story about racialized linguistic discrimination. It happens in restaurants, on public transportation, and in the street. It also happens behind closed courtroom doors during jury selection. While it is universally recognized that dismissing prospective jurors because they look like racial minorities is prohibited, it is too often deemed acceptable to exclude jurors because they sound like racial minorities. The fact that accent discrimination is commonly racial, ethnic, and national origin discrimination is overlooked. This Article critically examines sociolinguistic scholarship to explain the relationship between accent, race, and racism. It argues that accent discrimination in jury selection violates constitutional and statutory law and focuses on Title VI of the Civil Rights Act of 1964, equal protection under the Fourteenth and Fifth Amendments, and the fair cross-section requirement of the Sixth Amendment. It situates accent discrimination within the broader problems of juror language disenfranchisement and racial subordination in the U.S. courts. Finally, it advocates for inclusive practices, namely juror language accommodation.
Addressing Cultural Bias in the Legal Profession
Culture provides a foundation for the way we experience the world. Rooted in traits such as ethnicity, race, religion, and gender identity, culture influences people’s values, behaviors, and beliefs. Scholars have described culture as something akin to “the air we
The Muslim Ban Revisited: Trump v. Hawaii Two Years Later
The discriminatory laws, practices, and policies promised and delivered by President Trump have social, political, and economic ramifications. First, they reinforce misconceptions about Islam as an inherently violent religion. Second, they breed intolerance, fear, and hostility among the general population
U.S. Elections 2020: Where and How Do We Draw a Constitutionally Permissible Line to a Candidate's Inflammatory Political Rhetoric?
"It's important to note that scholars have long observed that political discourse and political events can contribute to the frequency of bias incidents. In fact, this phenomenon has a name today. It's called the Trump Effect."
There is a National Emergency at the Southern Border: True or False?
Experts discuss legal developments and related ramifications one year after President Trump declared a national emergency at the U.S. Southern Border with Mexico in order to build a wall.