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ERIC Number: EJ955259
Record Type: Journal
Publication Date: 2012-Feb
Pages: 23
Abstractor: As Provided
ISSN: ISSN-0002-8312
Scholars as Policy Actors: Research, Public Discourse, and the Zone of Judicial Constraints
Welner, Kevin G.
American Educational Research Journal, v49 n1 p7-29 Feb 2012
Courts, students are told, will protect minorities' legal rights against popular sentiment and political pressure. But courts can be expected to protect rights only within boundaries shaped in part by popular and political opinion. This suggests that litigation outcomes regarding education rights issues will depend on shifting the policymaking context through broad societal changes in perspective about the importance of equitable schooling. This dynamic of courts carrying out their limited countermajoritarian role within contextual constraints has substantial implications concerning the largely unrealized capacity of social science to affect judicial decision making. Accordingly, this article explores that dynamic and those implications, building on existing concepts from political science scholarship and introducing the concept of a zone of judicial constraints. (Contains 16 notes.)
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Publication Type: Journal Articles; Reports - Research
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Brown v Board of Education; Lau v Nichols; Plessy v Ferguson