A Text-Book of Jurisprudence

Cahn, Edmond; Paton, George

doi:10.2307/1118421

Cited by 13 publications

(16 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…Legal scholars have debated for decades the influence of this program of social science research on the outcome of Brown. Cahn (1955) warned:…”

Section: Brown and The Science Of Psychologymentioning

confidence: 99%

“…The histories of science and school desegregation are linked in that IQ testing was central in the decision-making strategies of school districts across the country in the post-Brown era. Unfortunately, the warning by Cahn (1955) proved prophetic as school district leaders used IQ tests to segregate Black and White students. Heubert and Hauser (1999) argued that history provides many striking examples of the misuse of IQ tests to make decisions regarding individuals.…”

Section: Iq Testing Tracking and The Politics Of Knowledgementioning

confidence: 99%

See 1 more Smart Citation

Chapter 5: Brown, Political Economy, and the Scientific Education of African Americans

Tate¹

2004

Review of Research in Education

View full text Add to dashboard Cite

Comparing them [Blacks] by their faculties of memory, reason, and imagination, it appears to me, that in memory they are equal to the whites; in reason much inferior, as I think one could scarcely be found capable of tracing and comprehending the investigations of Euclid; and that in imagination they are dull, tasteless, and anomalous. It would be unfair to follow them to Africa for this investigation. We will consider them here, on the same stage with the whites, and where the facts are not apocryphal on which a judgment is to be formed. It will be right to make great allowances for the difference of condition, of education, of conversation, of the sphere in which they move. (Thomas Jefferson, Notes on the State of Virginia)I am happy to be able to inform you that we have now in the United States a Negro, the son of a black man born in Africa, and a black woman born in the United States, who is a very respectable mathematician [Benjamin Banneker]. I procured him to be employed under one of our chief directors in laying out the new federal city on the Potowmac, & in the intervals of his leisure, while on that work, he made an Almanac for the next year . . . I have seen very elegant solutions of Geometrical problems by him. Add to this that he is a very worthy & respectable member of society. He is a free man. I shall be delighted to see these instances of moral eminence so multiplied as to prove that the want of talents observed in them is merely the effect of their degraded condition, and not proceeding from any difference in the structure of the parts on which intellect depends.

show abstract

“…Legal scholars have debated for decades the influence of this program of social science research on the outcome of Brown. Cahn (1955) warned:…”

Section: Brown and The Science Of Psychologymentioning

confidence: 99%

Section: Iq Testing Tracking and The Politics Of Knowledgementioning

confidence: 99%

Chapter 5: Brown, Political Economy, and the Scientific Education of African Americans

Tate¹

2004

Review of Research in Education

View full text Add to dashboard Cite

show abstract

“…It is our contention that what emerged in Brown I was not so much a reflection of the law’s new willingness to look to social perspectives to assist in decisionmaking as it was a social scientific victory of what constitutes acceptable social science knowledge. In other words, although the social science evidence from Brown I is especially weak and unconvincing from the perspective of presently acceptable social science (the social science in Brown I was even questionable at the time: see, e.g., Cahn, 1955; van den Haag, 1960), the social realities before the Court were substantially more sophisticated than social perspectives that the Supreme Court Justices had relied upon in the past. Understood in this light, Cahn’s (1955, pp.…”

Section: Social Science and Judicial Decision Making About Race Issuesmentioning

confidence: 99%

“…Yes, it was the first time that the United States Supreme Court had purposefully relied upon, even in small part, what we might label social science data in its constitutional decision-making (see Rosen, 1972). (This engendered a great deal of controversy at the time; see especially Cahn, 1955; see generally Clark, 1969; Horowitz & Willging, 1984, pp. 324–325.…”

mentioning

confidence: 99%

Social and social scientific perspectives in judicial interpretations of the constitution: A historical view and an overview.

Tomkins¹,

Oursland²

1991

Law and Human Behavior

View full text Add to dashboard Cite

It has been traditional to demarcate Muller v. Oregon as the first Supreme Court case to benefit from a social science perspective and Brown v. Board of Education of Topeka as the first case to rely on social science evidence. This article explores the hypothesis that social perspectives have long been a part of the Court’s decision-making when it has confronted difficult social issues. Two 19th-century race opinions, Dred Scott v. Sandford and Plessy v. Ferguson, are used to support this position. The authors suggest that the social perspectives contained in the other articles in this special issue reflect a long-standing association between social science information and law.

show abstract

“…In 1954, the vitality of such information seemed assured when the Supreme Court conspicuously referred to the studies by Kenneth Clark (in collaboration earlier with his wife Mamie; 1950) concerning the effect of segregation on black children in Brown v. Board of Education,6 holding that racial separation in the public schools was unconstitutional. The mere reference to those experiments created a controversy that still exists today (Cahn, 1955;Levin & Moise, 1975) concerning their importance, relevance, methodology, and validity (see Kluger, 1975, for the most comprehensive summary of this controversy). But, there is little doubt that Brown represents the most dramatic use of social science scholarship.…”

Section: Use and Rejection Of Psychological Datamentioning

confidence: 99%

Applied psychology and judicial decision making: Corporal punishment as a case in point.

Bersoff

Prasse²

1978

Professional Psychology

View full text Add to dashboard Cite

Through the review of two recent corporal punishment decisions, this article examines the impact of psychological knowledge and data gleaned from applied settings on judicial decision making. First, the Supreme Court's decisions and the behavioral science data concerning corporal punishment are reviewed. Then an expanding body of knowledge concerning corporal punishment, which the Court seemed to ignore, is considered. Finally, there is a broader exploration of the application of psychological evidence with regard to judicial decision making, suggested reasons for its rejection in many instances, and possible remedies for increasing its value in the future.Apparently isolated and sometimes minor incidents often lead to landmark legal decisions that may ultimately affect us all. The suspension of high school pupils in Des Moines, Iowa, for wearing armbands to protest the Vietnam War during the 1960s eventuated in a broad ranging decision by the Supreme Court concerning the rights of students (Tinker v. Des Moines School District^). The firing of ward attendants in a little-known Alabama state hospital resulted in the most forceful statement to date concerning the right to treatment for mental patients (Wyatt v. Stickney 2 ). The tragic death of a mentally retarded boy in a Pennsylvania institution produced the first definitive statement concerning the right to education for handicapped children (Pennsylvania Association for Retarded Children v. Commonwealth 3 ).However, not all such incidents guarantee that individual rights will be vindicated. Such has been the case with regard to corporal punishment. When Russell Carl Baker threw a kickball at the wrong time and was subsequently swatted on his buttocks with a desk drawer divider by his teacher, national attention was focused on the right of the schools to physically discipline students. Despite the introduction of psychological and educational evidence supporting its abolition, two recent cases of major importance have upheld the schools' prerogative to do so. This article explores the impact of psychological knowledge gleaned from applied settings on judicial decision making in the context of the two corporal punishment cases; Baker v. Owen, 4 decided in 1975 by a federal district court in North Carolina and affirmed without opinion by the Supreme Court later that year, and Ingraham v. Wright, 5 a 1977 decision in which the Supreme Court for the first time permitted a full-dress review of the constitutionality of corporal punishment by school systems. The first part of this article reviews these decisions. The second scrutinizes that portion of the Court's decision that referred

show abstract

A Text-Book of Jurisprudence

Cited by 13 publications

References 0 publications

Chapter 5: Brown, Political Economy, and the Scientific Education of African Americans

Chapter 5: Brown, Political Economy, and the Scientific Education of African Americans

Social and social scientific perspectives in judicial interpretations of the constitution: A historical view and an overview.

Applied psychology and judicial decision making: Corporal punishment as a case in point.

Contact Info

Product

Resources

About