NOTES

Preface
I.
Quoted in Richard Kluger, Simple Justice,318.
2.
Briggs v.Elliot, 342 U.S. 350 ( 1952). Also quoted in Richard Kluger, ibid., 320.

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 Laurens Walker , Social Science in Law.
3.
Richard Kluger, Simple Justice,316.
4.
A copy of the " Social Science Statement" can be found in Philip B. Kurkland and 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 Debora Kalmuss , 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 Kurkland and Casper, Landmark Briefs and Arguments, 49:153.

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

-197-

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