‘Stealth Ways to Keep Tort Cases from African-American Juries’

Donald G Gifford and Brian M Jones, Keeping Cases from Black Juries: An Empirical Analysis of How Race, Income Inequality, and Regional History Affect Tort Law, Washington and Lee Law Review (forthcoming 2016), available at SSRN. What do Alabama, Maryland, North Carolina, Virginia, and Washington DC have in common? Answer: They all apply the doctrine of contributory negligence to tort cases. Indeed, they are the last five contributory negligence outposts; the rest of the United States has long since moved on to comparative fault regimes of one form or another. They are, moreover, all located in the South. And according to Donald Gifford and Brian Jones, this is no coincidence … (more)

[Catherine Sharkey, JOTWELL, 27 January]

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