Law-Making Through the Adversarial Process: The Need for Standards for Social Science Briefs in Family Law Cases
in FAMILY LAW: BALANCING INTERESTS AND PURSUING PRIORTIES, Lynn D. Wardle and Camille Williams, eds., Wm. S. Hein & Co., 2007
11 Pages Posted: 20 May 2007 Last revised: 20 May 2011
Date Written: January 1, 2007
Abstract
Social scientists and judges need standards for amicus briefs that purport to present the current state of social science knowledge in relation to family law issues in United States courts. These briefs can serve the important function of helping educate courts about social science research in critical policy areas. When these briefs are biased, incomplete, and poorly done, however, they disserve the law and social science. As judges make increasing use of social science in deciding family law cases, social scientists and legal academics should assist by providing high quality information and preventing problematic presentations to courts by following scientific rather than advocacy rules for briefs.
Keywords: social science, family law, amicus briefs
Suggested Citation: Suggested Citation