Professor Page's Article Cited by Texas Supreme Court
Professor Antony Page's article, "Batson's Blind Spot: Unconscious Stereotyping and the Perempotry Challenge," was quoted by the Texas Supreme Court for the proposition that attorneys may make race-based or sex-based peremptory challenges unconsciously. Davis v. Fisk Elec. Co., --- S.W.3d ----2008 WL 4370670 (Tex., Sep 26, 2008). Page says, "This decision is particularly important because the conservative court assumed that the striking lawyer was 'pure of heart' and that that there was no suggestion of 'personal racial animosity,' but was still able to conclude that there had been impermissible race-based discrimination. I believe this is the first top court to order a retrial in this situation without also concluding that the striking attorney lied."