Standards for Social Science Amicus Briefs in Family and Child Law Cases

Journal of Gender, Race & Justice, Vol. 13, pp. 81-103, 2009

23 Pages Posted: 27 May 2011

See all articles by Robert F. Kelly

Robert F. Kelly

Le Moyne College

Sarah H. Ramsey

Syracuse University - College of Law

Date Written: February 26, 2009

Abstract

Social scientists often submit amicus briefs as scientific information to courts considering legal issues related to families and children. This article argues that there is a pressing need for standards when these briefs purport to be comprehensive and unbiased summaries of the relevant scientific literature, and the authors of the briefs present themselves as members of the scientific community possessing specialized knowledge. The article proposes and explains the rationale for nine standards for assessing these briefs. Further it recommends that social scientists, their professional organizations, and judges employ these standards.

Keywords: social science, amicus briefs, Daubert, child, family

Suggested Citation

Kelly, Robert F. and Ramsey, Sarah H., Standards for Social Science Amicus Briefs in Family and Child Law Cases (February 26, 2009). Journal of Gender, Race & Justice, Vol. 13, pp. 81-103, 2009. Available at SSRN: https://ssrn.com/abstract=1845503

Robert F. Kelly (Contact Author)

Le Moyne College ( email )

Syracuse, NY 13214
United States
315-445-4100 (Phone)

Sarah H. Ramsey

Syracuse University - College of Law ( email )

Syracuse, NY 13244-1030
United States
410-226-5345 (Phone)

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