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Unpublished Paper
A Fighting Chance: An Analysis of the Role of Social Science Evidence in Higher Education Affirmative Action and K-12 Voluntary Desegregation Cases
ExpressO (2008)
  • Crystal Gafford Muhammad, East Carolina University
Abstract
The present inquiry focuses on the role of social science evidence contemporarily, using observations from judicial opinions in race conscious admissions cases. Using a set of judicial opinions from K-12 voluntary desegregation and higher education affirmative action in admissions, I use legal and statistical analysis to argue that social science data presented into evidence is of limited effect. In fact, I find judicial political philosophy is the greatest predictor of opinions in this area of law. However, the question is not whether social science evidence is influential or even persuasive, but whether it is useful in politically contentious cases. It is influential on the margins, but beyond its use in influencing marginal judges, it provides additional sources to support the opinions of judges already persuaded. In effect, the social science research presented in these cases gives defendant educational institutions a fighting chance.
Disciplines
Publication Date
September 12, 2008
Citation Information
Crystal Gafford Muhammad. "A Fighting Chance: An Analysis of the Role of Social Science Evidence in Higher Education Affirmative Action and K-12 Voluntary Desegregation Cases" ExpressO (2008)
Available at: http://works.bepress.com/crystal_gafford_muhammad/1/