61 Tex. L. Rev. 1401 (1982-1983)
Juries, Jurisdiction, and Race Discrimination: The Lost Promise of Strauder v. West Virginia

handle is hein.journals/tlr61 and id is 1439 raw text is: Texas Law Review
Volume 61,      Number 8,     May 1983
Juries, Jurisdiction, and Race Discrimination:
The Lost Promise of Strauder v. West Virginiat
Benno C. Schmidt, Jr.*
Table of Contents
I.  Introduction  .............................................      1402
II.  Lily-White Juries ........................................ 1406
III.  Strauder v. West Virginia ................................ 1414
A. An Incongruous Call to Princile .................... 1415
B.   Strauder's Strength ................................. 1420
C    Strauder's Impotence ............................... 1429
IV. Justice Field's Jurisdiction of State Autonomy ........... 1441
V. The Federal Jury Controversy ........................... 1450
t Copyright © 1983 by Benno C. Schmidt, Jr.
* Harlan Fiske Stone Professor of Constitutional Law, Columbia University. A.B. 1963,
LL.B. 1966, Yale University.
This Article is an expanded version of the Tom Sealy Lecture on Law and a Free Society
delivered at The University of Texas Law School on January 19, 1983. I am grateful to Professor
Sanford Levinson, who was instrumental in planning my visit to The University of Texas, and
with whom I had several instructive conversations about this lecture, to Dean John Sutton, and to
the entire faculty for their warm and stimulating hospitality during a visit that was for me a deeply
satisfying homecoming.
This Article follows three articles about the Supreme Court and race relations during the
period from Reconstruction to the New Deal, which I recently published in the Columbia Law
Review: Schmidt, Principle and Prejudice: The Supreme Court and Race in the Progressive Era.
Part 1: The Heyday of Jim Crow, 82 COLUM. L. REV. 444 (1982); Part 2. The Peonage Cases, 82
COLUM. L. REV. 646 (1982); Part 3: Black Disfranchisement from the KKK to the Grandfather
Clause, 82 COLUM. L. REv. 835 (1982). This Article is, in a sense, the fourth installment in the
series, and it has given me a new perspective on some of the material covered in the previous three
articles. This Article, like the others, is an outgrowth of research undertaken in connection with
work done on volume IX of the Oliver Wendell Holmes Devise History of the Supreme Court of the
United States, to be published under the title A. BICKEL & B. SCHMIDT, THE JUDICIARY AND
RESPONSIBLE GOVERNMENT- 1910-1921 (forthcoming 1984). I want to thank Michael J. Leffell
for his energetic research assistance, especially in connection with the briefs and records of the
cases discussed in this Article. My colleagues Harold Edgar, Bruce Ackerman, and Henry
Monaghan were extremely helpful in the preparation of this Article, and I am most grateful to
them.

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