Scientific Evidence and Equal Protection of the Law
by Angelo N Ancheta
Rutgers University Press, 2006 Paper: 978-0-8135-3735-1 | Cloth: 978-0-8135-3734-4 | eISBN: 978-0-8135-8227-6 Library of Congress Classification KF4755.A96 2006 Dewey Decimal Classification 342.73087
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | REVIEWS | TOC
ABOUT THIS BOOK
Scientific and social scientific evidence has informed judicial decisions and the making of constitutional law for decades, but for much of U.S. history it has also served as a rhetorical device to justify inequality. It is only in recent years that scientific and statistical research has helped redress discrimination—but not without controversy.
Scientific Evidence and Equal Protection of the Law provides unique insights into the judicial process and scientific inquiry by examining major decisions of the U.S. Supreme Court, civil rights advocacy, and the nature of science itself. Angelo Ancheta discusses leading equal protection cases such as Brown v. Board of Education and recent litigation involving race-related affirmative action, gender inequality, and discrimination based on sexual orientation. He also examines less prominent, but equally compelling cases, including McCleskey v. Kemp, which involved statistical evidence that a state’s death penalty was disproportionately used when victims were white and defendants were black, and Castaneda v. Partida, which established key standards of evidence in addressing the exclusion of Latinos from grand jury service. For each case, Ancheta explores the tensions between scientific findings and constitutional values.
AUTHOR BIOGRAPHY
Angelo N. Ancheta is a professor at the Santa Clara University School of Law. He has practiced civil rights and immigration law in California and previously taught at the Harvard Law School, the New York University School of Law, and the UCLA School of Law.
REVIEWS
Ancheta takes on a profoundly challenging topic of fundamental importance - the interaction of law and social science in the context of controversies over equality - and crafts an elegant presentation that can be appreciated on multiple levels. It is accessible to non-lawyers, but at the same time rich in sophisticated insights for scholars at the frontier. And he builds a bridge between intellectual cultures, helping scientists understand how their work is understood and used (or not) by the law, and helping those in the law better appreciate the uses and limits of science. This book will be a classic. I wish I could buy stock in it.
— Christopher Edley, Jr., Dean and Professor of Law, U.C. Berkeley, Boalt Hall School of Law
TABLE OF CONTENTS
Contents
Preface 000
Chapter 1. Introduction 000
Chapter 2. Science and Law, Ideology and Inequality 000
Chapter 3. Desegregation and "Modern Authority" 000
Chapter 4. Science and Equal Protection 000
Chapter 5. Proving Discrimination 000
Chapter 6: Science, Advocacy, and Fact Finding 000
Chapter 7: Directions and Conclusions 000
Notes 000
Table of Cases Cited in Text 000
Bibliography 000
Index 000
Scientific Evidence and Equal Protection of the Law
by Angelo N Ancheta
Rutgers University Press, 2006 Paper: 978-0-8135-3735-1 Cloth: 978-0-8135-3734-4 eISBN: 978-0-8135-8227-6
Scientific and social scientific evidence has informed judicial decisions and the making of constitutional law for decades, but for much of U.S. history it has also served as a rhetorical device to justify inequality. It is only in recent years that scientific and statistical research has helped redress discrimination—but not without controversy.
Scientific Evidence and Equal Protection of the Law provides unique insights into the judicial process and scientific inquiry by examining major decisions of the U.S. Supreme Court, civil rights advocacy, and the nature of science itself. Angelo Ancheta discusses leading equal protection cases such as Brown v. Board of Education and recent litigation involving race-related affirmative action, gender inequality, and discrimination based on sexual orientation. He also examines less prominent, but equally compelling cases, including McCleskey v. Kemp, which involved statistical evidence that a state’s death penalty was disproportionately used when victims were white and defendants were black, and Castaneda v. Partida, which established key standards of evidence in addressing the exclusion of Latinos from grand jury service. For each case, Ancheta explores the tensions between scientific findings and constitutional values.
AUTHOR BIOGRAPHY
Angelo N. Ancheta is a professor at the Santa Clara University School of Law. He has practiced civil rights and immigration law in California and previously taught at the Harvard Law School, the New York University School of Law, and the UCLA School of Law.
REVIEWS
Ancheta takes on a profoundly challenging topic of fundamental importance - the interaction of law and social science in the context of controversies over equality - and crafts an elegant presentation that can be appreciated on multiple levels. It is accessible to non-lawyers, but at the same time rich in sophisticated insights for scholars at the frontier. And he builds a bridge between intellectual cultures, helping scientists understand how their work is understood and used (or not) by the law, and helping those in the law better appreciate the uses and limits of science. This book will be a classic. I wish I could buy stock in it.
— Christopher Edley, Jr., Dean and Professor of Law, U.C. Berkeley, Boalt Hall School of Law
TABLE OF CONTENTS
Contents
Preface 000
Chapter 1. Introduction 000
Chapter 2. Science and Law, Ideology and Inequality 000
Chapter 3. Desegregation and "Modern Authority" 000
Chapter 4. Science and Equal Protection 000
Chapter 5. Proving Discrimination 000
Chapter 6: Science, Advocacy, and Fact Finding 000
Chapter 7: Directions and Conclusions 000
Notes 000
Table of Cases Cited in Text 000
Bibliography 000
Index 000
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | REVIEWS | TOC