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ERIC Number: EJ1173556
Record Type: Journal
Publication Date: 2018-Mar-19
Abstractor: As Provided
Uses of Extra-Legal Sources in "Amicus Curiae" Briefs Submitted in "Fisher v. University of Texas at Austin"
Marin, Patricia; Horn, Catherine L.; Miksch, Karen; Garces, Liliana M.; Yun, John T.
Education Policy Analysis Archives, v26 n38 Mar 2018
As the political arena becomes increasingly polarized, the legal arena is playing a more important role in the creation of education policy in the United States. One critical stage in the legal process for such efforts is at briefing where "amici curiae," or friends-of-the-court, may introduce additional arguments for the court to consider through the filing of "amicus curiae" briefs. To explore the use of extra-legal sources by "amici," we focus on the 2013 U.S. Supreme Court case "Fisher v. University of Texas at Austin" and ask the questions: (1) What are the types, and relative use by "amici," of extra-legal sources cited in the briefs submitted in "Fisher I?"; and (2) What is the relative use of extralegal sources cited in "amicus" briefs by supporting party and by category of "amici?" Our findings reveal the wide-range of extra-legal sources used in "amicus" briefs, and that the type of extra-legal sources incorporated may be associated with who the "amici" are and which party they support. Ultimately, we discuss potential reasons for the differences observed in the use of extra-legal sources and offer recommendations to more effectively engage in the policy briefing process.
Descriptors: Court Litigation, Affirmative Action, Higher Education, College Admission, Constitutional Law, Advocacy, Information Sources, Research Utilization
Colleges of Education at Arizona State University and the University of South Florida. c/o Editor, USF EDU162, 4202 East Fowler Avenue, Tampa, FL 33620-5650. Tel: 813-974-3400; Fax: 813-974-3826; Web site: http://epaa.asu.edu
Publication Type: Journal Articles; Reports - Research
Education Level: Higher Education
Authoring Institution: N/A
Identifiers - Location: Texas
Grant or Contract Numbers: N/A