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61 U. Cin. L. Rev. 1139 (1992-1993)
A Place in the Palladium: Women's Rights and Jury Service

handle is hein.journals/ucinlr61 and id is 1149 raw text is: UNIVERSITY OF
CINCINNATI LAW REVIEW
PUBLISHED QUARTERLY BY THE BOARD OF EDITORS
VOLUME 61                      1993                           No. 4

A PLACE IN THE PALLADIUM: WOMEN'S RIGHTS AND
JURY SERVICE*
Barbara Allen Babcock**
When any large and identifiable segment of the community
is excluded from jury service, the effect is to remove from the
jury room qualities of human nature and varieties of human
experience, the range of which is unknown and perhaps
unknowable. I
My father, who liked to call himself a country lawyer, once took in
lieu of a fee a nineteenth century print entitled Gentlemen of the
Jury. Twelve white men are in the box; several whisper, one
scowls, another dozes; not one face is friendly, receptive, or even
* © 1992 Barbara Allen Babcock
** Ernest W. McFarland Professor of Law, Stanford Law School. Professor Babcock
presented the Marx lecture in April 1992, at the University of Cincinnati College of Law.
The subject was gender and jury service in light of women's legal history, with the career
of Clara Shortridge Foltz as a major source and example. The lecture featured the
unveiling of an oil portrait of Foltz, painted by her great-grandson, Truman Toland, a
Cincinnati artist.
Grateful acknowledgemerit is due Laura Gomez, Joanna Grossman, and Lauren Willis
for their research assistance, made possible by a bequest from the Dorothy Redwine
estate. I want to thank also the Stanford Law Library staff for their help in exploring the
past and keeping up with the present of the jury system for the last year. Mary Erickson
(Stanford 1989) provided research assistance, supported by the Brookings Institution,
which also enabled me to write on the themes of community representation and civil
juries. My civil procedure colleagues,Janet Cooper Alexander and Janet Halley, as well
as Jamie Kogan (Stanford 1991) made many helpful comments and suggestions on an
ealier draft of this work. As always, Thomas Grey provided a high order of intellectual,
editorial, and other support.
Finally my thanks to the University of Cincinnati College of Law for the opportunity
the Marx lecture provided to take a first turn at considering my biographical subject as a
jury lawyer.
1. Peters v. Kiff, 407 U.S. 493, 503 (1972) (Marshall, J.).

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