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"How to inform the judicial mind," Justice Frankfurter remarked during the school desegregation cases, "is one of the most complicated problems." Social research is a potential source of such information. Indeed, in the 1960s and 1970s, with activist courts at the forefront of social reform, the field of law and social science came of age. But for all the recent activity and scholarship in this area, few books have attempted to create an intellectual framework, a systematic introduction to applied social-legal research. Social Research in the Judicial Process addresses this need for a broader picture. Designed for use by both law students and social science students, it constructs a conceptual bridge between social research (the realm of social facts) and judicial decision making (the realm of social values). Its unique casebook format weaves together judicial opinions, empirical studies, and original text. It is a process-oriented book that teaches skills and perspectives, cultivating an informed sensitivity to the use and misuse of psychology, social psychology, and sociology in apellate and trial adjudication. Among the social-legal topics explored are school desegregation, capital punishment, jury impartiality, and eyewitness identification. This casebook is remarkable for its scope, its accessibility, and the intelligence of its conceptual integration. It provides the kind of interdisciplinary teaching framework that should eventually help lawyers to make knowledgeable use of social research, and social scientists to conduct useful research within a legally sophisticated context.
HAROLD B. GERARD AND NORMAN MILLER In the fall of 1965, when the school board of the Riverside Unified School District made its momentous decision to desegregate the ele mentary schools in Riverside, both of us were faculty members in the psychology department on the Riverside campus of the University of California. The riots in Watts had occurred the previous August and the shock waves were being felt around the cou~try. Although the black population of Riverside at the time was only 6% or 7%, people were ap prehensive. A story appeared in the local paper, The Rzverside Press Enterprzse, about several Blacks who were watching the burning and looting in Watts on TV. One of them, excited by what he saw, ex claimed, "Man-let's burn here, too. " The others in the bar were more level-headed and fortunately dissuaded him from following his impulse. Barely two weeks later, however, someone set fire to one of the build ings of Lowell School, in the eastside ghetto area. Nothing was left of the building but a charred shell. People in Riverside, of all ethnic groups, were generally edgy in the face of a seemingly volatile situation. Agitation by minority parents for improved education for their children seemed to be reinforced by the general unrest.
This book is written for the Millennial Generation to educate them about what school desegregation was actually about—the struggle over white domination in the United States. The textbooks they read as high school students describe the heroic efforts of African Americans to achieve civil rights but do not describe who was denying them these rights—white Americans. The oral histories in this book reveal how individuals navigated efforts to achieve educational equity amidst efforts to reassert white domination. These accounts counter the textbook history the Millennial Generation read which omits the massive white resistance to school desegregation, the various ways whites used subterfuge to slow down and redirect school desegregation in what would more benefit whites, and the concerted white political backlash that has been ensconced in educational policy and reform beginning with A Nation at Risk and continuing in No Child Left Behind. That is, educational policy as we know it is all about asserting white domination and not about educating children, and thus the Millennial Generation is faced with undoing what their parents and grandparents have done.