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The impact of social science materials on the judiciary: A qualitative and quantitative analysis
Abstract
Because of their enormous potential influence, judicial opinions are a prime target for social scientists hoping to see their findings disseminated and put to practical effect. However, considerable controversy has arisen over the appropriateness of incorporating references to social science materials in judicial opinions. Yet, relevant commentary is based principally on anecdotal evidence, with little systematic, quantitative analysis of the actual impact of these materials on the judiciary. The studies reported here address this deficiency. Initially, the relevant commentary was systematically analyzed in order to encompass it in organizing and explanatory schemata. To this end, schemata are provided of a historical analysis of the relevant jurisprudential movements, a survey of recent legal and social science commentary, and the observations of the judiciary itself. Empirical analyses of the actual judicial impact of these materials was then conducted. The few studies providing insight, albeit largely tangential, into this use were reviewed. Supreme Court opinions were sampled to probe how various sources of information, including social science materials, are referred to and used in these decisions. From this population cases identified as being particularly prone to social science materials, namely cases involving children and their family relations, were selected and their use of such materials analyzed. This analysis was then extended to similar cases decided by lower federal courts to determine whether the nature of the court alters this use. Finally, the impact of social science was analyzed from a different tack. Social science scholars likely to be cited by the courts were identified and an examination made of their individual and group impact, first on the courts, and then on law reviews. The latter was included because prior analysis indicated law reviews may provide an important, indirect means for influencing the judiciary. Subsequent analysis attempts to identify those factors influencing judicial use of social science materials, with suggestions provided to social scientists interested in maximizing the impact of their findings on the judiciary.
Subject Area
Social psychology|Law
Recommended Citation
Hafemeister, Thomas L, "The impact of social science materials on the judiciary: A qualitative and quantitative analysis" (1988). ETD collection for University of Nebraska-Lincoln. AAI8818622.
https://digitalcommons.unl.edu/dissertations/AAI8818622