Trust, Networks, and Pie Charts: Counsels of Record on Social Science Use in Amicus Briefs

• In Event: 47.096 - MTCC Roundtable Session 20
  In Roundtable Session: 47.096-9 - Ed Law SIG Roundtable: Counsels of Record on Social Science Use in Amicus Briefs

Abstract

This study focuses on the disconnect between knowledge producers and knowledge users and empirically examines the ways the latter understand sources that are not legal evidence. Conceptualizing the use of research as dynamic and bidirectional between those who generate knowledge and those who apply it, we use Fisher v. University of Texas at Austin to consider how Counsels of Record (COR) perceive and choose to use such “extra-legal sources,” including social science research, in the context of their work. Overall, findings highlight the need to increase understanding about why some extra-legal sources are more influential than others. Increased attention to the factors COR believe increase research use could help expand the use of social science in law.

Authors

• Patricia Marin, Michigan State University

• Catherine L. Horn, University of Houston

• Liliana M. Garces, University of Texas at Austin