Race-Based Peremptory Challenges: An Empirical Analysis of Litigation from the U.S. Court of Appeals, 2002–2006

This paper examines race-based peremptory challenges. Such challenges occur during the voir dire jury selection process. The process allows both the defense and the prosecution to strike jurors who they believe will not decide cases fairly. However, in the case of Batson v. Kentucky 476 U.S. 79 (1986), the Supreme Court ruled that race could not be used as a factor in eliminating prospective jurors. This paper examines federal litigation for five years in which it was alleged that race was used as a factor in removing a juror. An examination of the cases revealed that most of the cases involved sole male litigants who allege that there were multiple race-based peremptory challenges used in their cases. Moreover, most of the cases that led to the allegations involved violent offenses. Other case characteristics are noted, but of most significance was the finding that most appellants lost their cases. As such, the courts felt that most of the challenges were, in fact, race neutral. The implications of this research are discussed. This study was funded by an undergraduate research grant from Penn State University.     

The “Science of Science Policy”: reflections on the important questions and the challenges they present

Developing the “Science of Science Policy” will require data collection and analysis related to the processes of innovation and technological change, and the effects of government policy on those processes. There has been much work on these topics in the last three decades, but there remain difficult problems of finding proxies for subtle concepts, endogeneity, distinguishing private and social returns, untangling cumulative effects, measuring the impact of government programs in a true “but for” sense, and sorting out national and global effects. I offer observations on how to think about these issues. This paper was presented as the Keynote Address at the NSF Workshop on Advancing Measures of Innovation: Knowledge Flows, Business Metrics, and Measurement Strategies, Arlington, VA, June 2006.     

Britain's ‘betrayal’ of Hong Kong: A second look

Claims of British bungling and betrayal were repeatedly raised during the prolonged run‐up to the 1997 Hong Kong handover. This paper seeks to evaluate such claims. It examines five controversial episodes of reputed British mishandling of the Hong Kong transition: (1) Governor Murray MacLehose's reputed double faux pas of March 1979, when the governor first putatively erred by prematurely (and unnecessarily) raising the ‘1997 question’ in a routine meeting with Deng Xiaoping and then compounded his error by misrepresenting Deng's less‐than‐reassuring response; (2) Prime Minister Margaret Thatcher's 1982 miscalculation in requesting a 50‐year extension of the New Territories lease when it was already abundantly clear that Chinese leaders regarded the original lease as ‘unequal'—and therefore non‐binding; (3) Britain's 1987 decision to unilaterally postpone Hong Kong's first direct legislative elections, a decision defended on the disingenuous grounds that government surveys had revealed a majority of the Hong Kong public to be opposed to rapid democratization; (4) Britain's ostensible failure, in the aftermath of the 1989 Tiananmen debacle, to secure the inclusion of adequate democratic safeguards in the final draft of the Hong Kong Basic Law, completed early in 1990; and (5) Governor Chris Patten's ill‐starred democratic reform initiatives of 1992–95, which sharply reversed Britain's previous ‘convergence’ policy and ultimately led to the derailing of Hong Kong's vaunted ‘through train’. Examining available evidence on these five episodes (and one or two other, related cases), this paper argues that despite occasional, palpable policy miscalculations and a notable lack of official candor, Britain did not do serious harm to the vital interests of Hong Kong. On the contrary, the paper argues, given the substantial advantage in resources and leverage enjoyed by the Chinese side throughout the transition period, a more favorable outcome could hardly have been achieved. The one residual allegation of British betrayal that cannot readily be countered, however, is the charge that racism within Britain's ruling Conservative Party—manifested in Parliamentary legislation severely restricting the flow of immigrants from British colonial territories—played a significant role in the British Government's choice of tactics in dealing with the ‘1997 question’.