Bridging Divides: Understanding Knowledge Producers’ Perspectives on the Use of Research in Law

Patricia Marin, John T. Yun, Liliana M. Garces and Catherine L. Horn

The Journal of Higher Education, 2020, vol. 91, issue 2, 167-191

Abstract: Legal challenges continue to play central roles in critical higher education policy discussions. There are, however, wide gaps in understanding between the legal and research communities about the rigor and value of social science in legal decision-making—gaps that need to be addressed to improve the use of research in law. This study focuses on an underexamined viewpoint in the research use process—the producers of research—to examine their normative views about what sources should influence the law and how social scientists should participate in the development of amicus curiae briefs, an important venue through which social science research is introduced to the courts. Drawing from responses to a survey of scholars cited in Fisher, findings highlight the critical roles higher education researchers can play in the research use process. Findings also suggest that members of the social science and legal communities may need to consider a broader set of responsibilities in their work. If research is to be useful in informing solutions to intractable challenges in education and other areas of society, the relationships and understandings between the legal and social science communities must be strengthened.

Date: 2020
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DOI: 10.1080/00221546.2019.1621116

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