ERIC Number: ED669369
Record Type: Non-Journal
Publication Date: 2020
Pages: 170
Abstractor: As Provided
ISBN: 979-8-5355-8858-2
ISSN: N/A
EISSN: N/A
Available Date: 0000-00-00
Interpreting Equal Protection and Discrimination: A Critical Analysis of the Use of Social Science Research in U.S. Supreme Court Race-Based Discrimination Cases in Professional and Graduate School Admissions
Vanessa D. Miller
ProQuest LLC, Ph.D. Dissertation, The Pennsylvania State University
This study examines the United States Supreme Court's use of social science research in Fourteenth Amendment race-based discrimination cases in professional and graduate school admissions. It discusses how the Court uses (or does not use) social science research in its interpretation of "equal protection" and "discrimination" in cases that challenge the consideration of race in professional and graduate school admission. Specifically, this study: (1) describe the use of social science research in race-based discrimination cases in professional and graduate school admissions policies and (2) critically analyze the Supreme Court's use (or non-use) of social science research to interpret "equal protection" and "discrimination" in professional and graduate school admissions through. I use a critical discourse analysis (CDA) and legal discourse analysis (LDA) framework influenced by underlying principles of legal realism. This study is timely because the ways in which the Court defines and interprets "equal protection" and "discrimination" as it relates to the Fourteenth Amendment's Equal Protection Clause is central to the advancement of racial equity in higher education, especially in professional and graduate schools. By analyzing the Court's language with an interdisciplinary lens, this study provides a unique framework to the study of higher education. This study is a singular yet meaningful footnote in a larger body of scholarship dedicated to the intersection of law and higher education, racial and gender equity in graduate and professional schools, the analysis of language, and the influence of the education research community in the development of law and policy. [The dissertation citations contained here are published with the permission of ProQuest LLC. Further reproduction is prohibited without permission. Copies of dissertations may be obtained by Telephone (800) 1-800-521-0600. Web page: http://www.proquest.com.bibliotheek.ehb.be/en-US/products/dissertations/individuals.shtml.]
Descriptors: Citizenship, Constitutional Law, Federal Courts, Equal Protection, Social Science Research, College Admission, Admission Criteria, Racial Discrimination, Graduate Study, Professional Education, Interdisciplinary Approach, Federal Legislation, School Law, Equal Education, Access to Education, Educational Policy
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Publication Type: Dissertations/Theses - Doctoral Dissertations
Education Level: Higher Education; Postsecondary Education
Audience: N/A
Language: English
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Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Fourteenth Amendment
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Author Affiliations: N/A