Arguing Race in Higher Education Admissions: Examining "Amici's" Use of Extra-Legal Sources in "Fisher"

Autor/inn/en	Garces, Liliana M.; Marin, Patricia; Horn, Catherine L.
Titel	Arguing Race in Higher Education Admissions: Examining "Amici's" Use of Extra-Legal Sources in "Fisher"
Quelle	In: Journal of Diversity in Higher Education, 14 (2021) 2, S.278-289 (12 Seiten)Infoseite zur Zeitschrift PDF als Volltext Verfügbarkeit
Sprache	englisch
Dokumenttyp	gedruckt; online; Zeitschriftenaufsatz
ISSN	1938-8926
DOI	10.1037/dhe0000146
Schlagwörter	Affirmative Action; College Admission; Court Litigation; Admission Criteria; Legal Problems; Ideology; Politics of Education; Race; Institutional Autonomy + Suchen Sie Ihr Suchwort? Hochschulzugang; Hochschulzulassung; Zulassung; Rechtsstreit; Admission; Admission procedures; Zulassungsbedingung; Zulassungsverfahren; Ideologie; Educational policy; Bildungspolitik; Rasse; Abstammung; Institutionelle Autonomie
Abstract	As the fight over diversity-oriented postsecondary strategies like race-conscious admissions (commonly known as affirmative action) continues to play out in the courts with new legal cases, it is critical to better understand the ways policy actors in this arena are leveraging social science research and other types of sources in their organized and collective efforts to inform legal decision-making on this topic. To this end, this study examines how amici, seeking to shape educational and diversity-related policy via the legal arena, use research and other types of extra-legal sources to support their arguments in the most recently decided legal case on this issue, Fisher v. University of Texas at Austin. Findings show that amici serve as translators of research to the court by citing extra-legal sources that advance arguments broadly aligned with the legal framework in the case: the strict scrutiny test and its two elements (compelling interest and narrow tailoring). Findings further show that amici serve as users of research themselves, citing extra-legal sources to advance arguments that push on the boundaries of the legal framework in important ways. By leveraging some types of sources over others to support those arguments, they do so in ideologically aligned and/or strategically organized ways. In addition to the theoretical understandings of research use in law, findings have implications for researchers to consider in ongoing litigation over race-conscious admissions, including the production of diversity-related research that answers legal questions and the role ideology and political maneuvering may play in these efforts. (As Provided).
Anmerkungen	American Psychological Association. Journals Department, 750 First Street NE, Washington, DC 20002. Tel: 800-374-2721; Tel: 202-336-5510; Fax: 202-336-5502; e-mail: order@apa.org; Web site: http://www.apa.org
Erfasst von	ERIC (Education Resources Information Center), Washington, DC
Update	2022/1/01