In the United States the use of social science evidence initiated the desegregation era but the Supreme Court’s modern affirmative action jurisprudence now makes demands which social science cannot satisfy. This article considers the limitations of empirical explanations in rights-based constitutional litigation in the context of contemporary debates concerning the future strategy of critical lawyering.
|Keywords:||Social Science Evidence, Brandeis Brief, Social Science and Legal Strategy, Narratives in Law and Social Science|
Senior Lecturer in Law, Birmingham City University, Birmingham, UK
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