Research in Progress – September 2015

Lori Andrews is currently working on research that focuses on virtual clinical trials and online medical research.


Nancy Marder is working on an article, currently titled Foster v. Chatman:  A Watershed Moment for Batson and Peremptory Challenges?  The case involves an African-American defendant who challenged the prosecutors’ exercise of four peremptory challenges that were used to remove four African-American prospective jurors from his jury. The defendant was tried by an all-white jury and convicted and sentenced to death.  What is unusual about the case, and the reason the U.S. Supreme Court has decided to hear it this term, is that the defendant was able to obtain the prosecutors’ notes, through the Georgia Open Records Act, and the notes reveal that the prosecution removed prospective jurors based on their race, even though the prosecutors claimed otherwise.  The Court should not only hold that there was a Batson violation (because peremptory challenge cannot be based on race), but also it should recognize that the Batson test is ineffective and that the only adequate remedy is to eliminate peremptory challenges. Professor Marder will attend oral argument in this case on November 2, 2015 at the Supreme Court.


Professor Joan Steinman has been invited to publish a piece in a Roundtable symposium for the Vanderbilt Law Review’s online companion, “En Banc.” Each of the invited authors will write on aspects of Spokeo, Inc. v. Robins, a case in the Supreme Court that raises questions about standing to sue for violations of the federal Fair Credit Reporting Act. The articles are to be published before oral argument in the case is heard in October. Professor Steinman is working on that piece and on other articles.

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