The weight
of social science evidence demonstrates that racially diverse schools are associated with achievement in math and reading, better critical thinking, and increased intellectual engagement for students from all racial groups.
Having been involved in the legal defense team that provided
social science evidence in Gratz and Grutterat University of Michigan, I...
Having been involved in the legal defense team that
provided social science evidence in Gratz and Grutterat University of Michigan, I read the court transcripts for the Fisher case with great interest.
«The CRP believes the Court should base its determinations on reliable research findings and is concerned that the Court might be influenced by claims made by the Attorney General that are strongly contradicted
by social science evidence,» Garces says.
And we believe, based on
strong social science evidence, that SEL has particular power to unlock a broad range of human capacities — intellectual and emotional — which prepare children to co-create a kinder, more interconnected, and equitable future.
With less panache, but with equal force and even further
empirical social science evidence, her method resembles Roland Barthes» Mythologies in its outlines of the deep structure of the contemporary beliefs and practices surrounding our most deeply held moral codes about human sexual desire — or should I say eros.
My issue with «indirect effects» is not with the causal relationship per se (though certainly rights deprivations must be reasonably foreseeable), but with the necessity of relying
upon social science evidence to establish a rights breach.
Re s. 1, by not
leading social science evidence, A.G.B.C. seriously diminished its ability to justify the infringement of a Charter right, but has not eliminated it — «though logic and reason, without assistance, can only go so far, they can go far enough».
I worried, then, about the loss of transparency and accountability that would result from requiring appellate judges, including those of the Supreme Court itself, to defer to trial - level fact - finding, including in the area of «legislative facts» consisting largely of
complex social science evidence.
As promised in that post, I would like to offer a (friendly) critique of Ms. Kerr's article, trying to put the trend of deference which she decries, as well as the strategy of
enlisting social science evidence to counter this trend, which she advocates, in their broader context.
I wrote on Thursday about a very interesting article by Lisa Kerr, «Contesting Expertise in Prison Law,» which argues that courts should be less deferential to prison administrators and should take facts,
especially social science evidence about the real - life operation of prisons and the lives of prisoners into account, as well as that lawyers need to provide judges with such facts.
That's not to say that the myths Justice Zuker was attempting to dispel are not important ones, but that the defence may have had their
own social science evidence or alternative explanations to how their narrative fit the evidence Justice Zuker was referring to, at least to the extent of creating a reasonable doubt.
It was not an issue appropriate for judicial notice, and he (himself implies he) lacked the sort of
social science evidence which could ground his claim that the incidence of problem tenants is rising.
And we believe, based on
strong social science evidence, that SEL has particular power to unlock a broad range of human capacities — intellectual and emotional — which prepare children to co-create a kinder, more interconnected, and equitable future.
Yet as Michael Pal's study of the role of
social science evidence in the Supreme Court's law of democracy cases shows, its rejection of deference is unusual not only in the prisoners» rights jurisprudence but also in that on democratic rights and freedoms.
The presence in the record
of social science evidence can make it clear — and indeed force prison authorities to acknowledge — that the impugned decisions were made without any real justification or even thought going into the process, and that alternative, less repressive, courses of action are available.
Just as we encourage parents in intact families to share care of their children,
the social science evidence on the development of healthy parent — child relationships, and the long - term benefits of healthy parent — child relationships, supports the view that shared parenting should be the norm for post-divorce parenting plans for children of all ages, including infants and toddlers.
There is
no social science evidence that children need to cry or be frightened by the books they read.
See Hallinan, Diversity Effects on Student Outcomes:
Social Science Evidence, 59 Ohio St. L. J. 733 (1998).
2001)(hereinafter Powell); Hallinan, Diversity Effects on Student Outcomes:
Social Science Evidence, 59 Ohio St. L. J. 733, 741 - 742 (1998)(hereinafter Hallinan).
«We know from
the social science evidence that well - organized restorative justice, which includes restitution payments, not only increases victim satisfaction compared to the normal process, but secondly actually reduces recidivism,» Waller said.
...
social science evidence in Canada and internationally demonstrates that the risks and harms flowing from prostitution are inherent to the nature of the activity itself.
This is not to say that
social science evidence can never prove helpful; but we must recognize that it is, at base, opinion evidence proffered by a party in the context of adversarial litigation.
These have been the hallmarks of the Federal government's reform of the criminal justice system, but the policies have been more politically motivated than good policy or
social science evidence.
The direction these changes set out for the Canadian criminal justice system — jail more often, for longer, with more lasting consequences — is a dangerous route that is unsupported by
the social science evidence and has already failed in other countries.
This jurisprudence, not coincidentally, is also largely characterized by judicial unwillingness to engage with relevant facts and
social science evidence.
«[L] ogic, reason and
some social science evidence» are enough, the Supreme Court's majority said in Harper v. Canada (Attorney General), [2004] 1 S.C.R. 827, 2004 SCC 33, at par.
Were Justice Zuker's references to
social science evidence in the context of assessing the complainant's testimony the type that under public scrutiny would give rise to a determination based on generalizations rather than specific demonstrations?
The defence in the case is appealing the decision, citing
the social science evidence as creating a reasonable apprehension of bias that «cloud [ed] his objective assessment of the evidence.»
In this context, the use of
social science evidence was largely directed towards bolstering the assessment of the complainant's testimony, largely by dismissing many traditional lines of attack used to discredit witnesses in these cases.
Not only does this view of family discount the experiences of men and women, like me, who grew up in loving but broken unmarried families, it also ignores
the social science evidence on the best family structure for child well - being.
First,
the social science evidence on how healthy parent - child relationships normally develop, and the long - term benefits of those relationships, supports the view that shared parenting should be the norm for children of all ages, including very young children, whose parents live apart from each other.