Quoted in Richard Kluger, Simple Justice,318.
Briggs v.Elliot, 342 U.S. 350 ( 1952). Also quoted in Richard Kluger, ibid.,
Chapter I. The Melancholy of Race
I. Brown v.Board of Education, 347 U.S. 484 ( 1954) and Brown v.Board of
Education,149 U.S. 294 ( 1955). 2.
Social science research was first urged upon an American court early
this century by Louis Brandeis in another landmark case dealing with the
constitutionality of social welfare legislation (Muller v. Oregon, 1908). The
"Brandeis briefs" set off a debate about the use of social science as "legal fact"
that has lasted to today.See Kenneth Culp Davis, " An Approach to Problems
of Evidence in the Administrative Process" and John Monohan and
, Social Science in Law.
Richard Kluger, Simple Justice,316.
4. A copy of the " Social Science Statement" can be found in
Philip B. Kurkland
Gerhard Casper, eds., Landmark Briefs and Arguments of the Supreme Court of the United States: Constitutional Law,49:43-61.
The writing of the statement is itself a fascinating story, involving a range
of issues: the competing claims of politics and science, of science and interpretation, of academia and social engineering. See Stephen L. Carter, " The Trap
of Scientism"; Kenneth B. Clark, " The Social Scientists, the Brown Decision,
and Contemporary Confusion"; Mark Chestler,
Joseph Sanders, and
, Social Science in Court; Herbert Hovenkamp, " Social Science and Segregation before Brown"; John P. Jackson, Jr., " The Transformation of Social
Science into Modern Authority in Brown v.Board of Education"; Richard Kluger, Simple Justice; John Monohan and
Laurens Walker, Social Science in Law.
5. Appellees' Brief ( 1952), in
Casper, Landmark Briefs and
In South Carolina, John W. Davis, lawyer for the state of South Carolina in
the Briggs case, called the social scientific testimony "fluff." People who objected
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: The Melancholy of Race.
Contributors: Anne Anlin Cheng - Author.
Publisher: Oxford University Press.
Place of publication: New York.
Publication year: 2000.
Page number: 197.
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