Download or read book Affirmative Action and Equal Protection written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1983 with total page 1424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Affirmative Action and Equal Protection in Higher Education written by Congressional Research Service and published by Independently Published. This book was released on 2019-02-02 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: When federal courts have analyzed and addressed "affirmative action" in higher education, they have done so in two distinct but related senses, both under the Fourteenth Amendment's guarantee of "equal protection." The first has its roots in the original sense of "affirmative action: " the mandatory use of race by public education systems to eliminate the remnants of state-imposed racial segregation. Because state-sanctioned race segregation in public education violates the Fourteenth Amendment's Equal Protection Clause, in certain cases involving a state's formerly de jure segregated public university system, a state's consideration of race in its higher education policies and practices may be an affirmative obligation. As the U.S. Supreme Court explained in its consequential 1992 decision United States v. Fordice, equal protection may require states that formerly maintained de jure segregated university systems to consider race for the purpose of eliminating all vestiges of their prior "dual" systems. Drawing upon its precedent addressing racially segregated public schools in the K-12 context, the Court established a three-part legal standard in Fordice for evaluating the sufficiency and effectiveness of a state's efforts in "dismantl[ing]" its formerly de jure segregated public university system. To that remedial end, mandatory race-conscious measures-in this de jure context-are not limited to admissions. Instead, remedies may also address policies and practices relating to academic programs, institutional missions, funding, and other aspects of public university operations. Outside this de jure context, "affirmative action" has come to refer to a different category of race-conscious policies. These involve what the Court at one time called the "benign" use of racial classifications-voluntary measures designed not to remedy past de jure discrimination, but to help racial minorities overcome the effects of their earlier exclusion. And for institutions of higher education, the Court has addressed one type of affirmative action policy in particular: the use of race as a factor in admissions decisions, a practice now widely observed by both public and private colleges and universities. The federal courts have come to subject these voluntary race-conscious policies-"affirmative action" in its perhaps more familiar sense-to a particularly searching form of review known as strict scrutiny. And even though this heightened judicial scrutiny has long been regarded as strict in theory but fatal in fact, the Court's review of race-conscious admissions policies in higher education has proved a notable exception, with the Court having twice upheld universities' use of race as one of many factors considered when assembling their incoming classes. The Court has long grappled with this seeming tension-between the strictness of its scrutiny and its approval of race-conscious admissions policies-beginning with its landmark 1978 decision in Regents of the University of California v. Bakke through its 2016 decision in Fisher v. University of Texas. Though the Equal Protection Clause generally concerns public universities and their constitutional obligations under the Fourteenth Amendment, federal statutory law also plays a role in ensuring equal protection in higher education. To that end, Title VI of the Civil Rights Act of 1964 prohibits recipients of federal funding-including private colleges and universities-from, at a minimum, discriminating against students and applicants in a manner that would violate the Equal Protection Clause. Federal agencies, including the Departments of Justice and Education, investigate and administratively enforce institutions' compliance with Title VI.
Download or read book Affirmative Action written by Mary-Lane Kamberg and published by The Rosen Publishing Group, Inc. This book was released on 2014-07-15 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1960s, the United States government has issued executive orders and passed legislation aimed at achieving fair workplace hiring practices. Critics maintain that, in an attempt to ameliorate past injustices, the government has gone too far by practicing affirmative action--what opponents call "reverse discrimination." Students can use this book as a guide to the history of affirmative action, crucial moments in the timeline of this cause, and a better understanding of what affirmative actions practices may mean for the future.
Download or read book Briefing Paper for the U S Commission on Civil Rights written by and published by . This book was released on 1995 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Affirmative Action A I written by James A. Beckman and published by . This book was released on 2004 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sixty-four international academics, attorneys, government specialists, and consultants contribute to this two-volume reference text, providing an objective overview of current scholarship on affirmative action and its impact on such areas as law, ethics, political science, economics, history, philosophy, and sociology in the U.S. and abroad. Included are a timeline of major events in the development of affirmative action in the U.S., from 1865 to the present, and the full texts of Gratz v. Bollinger and Grutter v. Bollinger--two landmark Supreme Court decisions of June 2003. For high school and college students; professionals in fields dealing with race, equality, and affirmative action; and general readers. Annotation : 2004 Book News, Inc., Portland, OR (booknews.com).
Download or read book Equality Affirmative Action and Justice written by Johan Rabe and published by BoD – Books on Demand. This book was released on 2001 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Law written by Louis Michael Seidman and published by . This book was released on 2003 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a brief, but comprehensive, analysis of the doctrine and theory that glosses the Constitutionâe(tm)s guarantee of equal protection. Topics covered include an analysis of rational basis review, an explanation of the difference between heightened scrutiny for fundamental rights and substantive protection of those rights, an analysis of the role of âeoepurposeâe and âeoeeffectâe in equal protection doctrine, and discussions of gender discrimination and affirmative action.
Download or read book Affirmative Action Revisited written by Charles V. Dale and published by Nova Publishers. This book was released on 2002 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few issues seem able to polarise the nation as easily as affirmative action. The question of how, even whether, to rectify past discrimination in jobs, schools, and law against women and minorities is a perpetually vexing one. While some call for a quota system to set minimum percentages and numbers for minority positions, others say qualifications should take precedence over race when hiring an employee, admitting a student, or enforcing a law. Civil rights groups claim that specific quotas are often the only way to make up for systemic racism; those opposing such actions cite 'reverse racism' affecting whites. Recent federal, state, and local cases have challenged several affirmative action programs, particularly those involving school admissions. Decisions in Texas and Michigan, for example have struck down the use of racial standards in choosing which applicants to admit to universities. Bills have been introduced to eliminate affirmative action programs in many state legislatures, though there are some who want to 'mend, not end' affirmative action. Because this most crucial issue of race relations shows no signs of disappearing, the analysis in this book takes on added importance. Taking a look at affirmative action from a legal standpoint, the book addresses and assesses the history, current status, and future of affirmative action initiatives and programs. Such a study is much-needed in gathering information about a raging national debate.
Download or read book Race Color and Partial Blindness written by Ole O. Moen and published by . This book was released on 2001 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a broad analysis of the concept of affirmative action, from the first mention of the term under the New Deal to its uncertain status in the late summer of 2001.
Download or read book Sex Race and Merit written by Faye J. Crosby and published by University of Michigan Press. This book was released on 2000 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the history of this divisive national issue, as reflected in the writings of key opinion makers and in public documents
Download or read book A Legacy of Discrimination written by Lee C. Bollinger and published by Oxford University Press. This book was released on 2023 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely defense of affirmative action policies that offers a more nuanced understanding of how centuries of invidious racism, discrimination, and segregation in the United States led to and justifies such policies from both a moral and constitutional perspective. Since 1961, the issue of "affirmative action" has been a hotly contested legal and political issue. Intended to address our nation's often horrifying discrimination against Black Americans and other minorities, affirmative action has led over the past sixty years to far greater minority representation across a vast range of industries, government positions, and academic institutions. Nonetheless, affirmative action policies in the United States continue to fall under assault. In A Legacy of Discrimination, Lee C. Bollinger and Geoffrey R. Stone, two of America's leading constitutional scholars, trace the policy's history and the legal challenges it has faced over the decades. They argue that in order to fully comprehend affirmative action's original intent and impact, we must re-acquaint ourselves with the era in which it arose, beginning with the most important Supreme Court decision of the 20th century, 1954's Brown v. Board of Education of Topeka, Kansas. Assessing this history, Bollinger and Stone introduce subsequent, and evolving, affirmative-action case law that had the intent and effect of constraining social, educational, and economic progress for Black people and other minority groups. They demonstrate how and why affirmative action policies stand on firm legal ground and must remain protected. Further, they explain why Americans must view affirmative action as a long-term moral commitment to secure justice, especially for Black Americans, after three and a half centuries of grave injustice that violates the most essential aspirations of our nation. A timely and robust overview of the history of our nation's historical and continuing racial discrimination and of the advent of affirmative action as a critical means to address this history, this book will serve as a powerful defense of a policy that has accomplished more than most people realize in making America a fairer and more inclusive country.
Download or read book Affirmative Action written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights and published by . This book was released on 1986 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Conflict of Rights written by Melvin I. Urofsky and published by Macmillan Reference USA. This book was released on 1991 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: An account of the Supreme Court's decision affirming Diane Joyce's selection over Paul Johnson for a dispatcher's position.
Download or read book Understanding the Backlash Against Affirmative Action written by John Fobanjong and published by Nova Publishers. This book was released on 2001 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Affirmative action remains one of the most divisive issues in America, remaining unsolved since the 1960s civil rights legislation. Though many works have attempted to solve the dilemma, none have tried to identify the underlying causes of the backlash against the policy. In order to understand affirmative action's future, one must understand its evolution, its opposition, and its application both in America and in other nations. In a multi-disciplinary approach, this book examines affirmative action from comparative, historical, policy, and sociological perspectives. Also included is a list of Supreme Court rulings on affirmative action.
Download or read book The Law of Affirmative Action written by Girardeau A. Spann and published by NYU Press. This book was released on 2000 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate over race in this country has of late converged on the contentious issue of affirmative action. Although the Supreme Court once supported the concept of racial affirmative action, in recent years a majority of the Court has consistently opposed various affirmative action programs. The Law of Affirmative Action provides a comprehensive chronicle of the evolution of the Supreme Court's involvement with the racial affirmative action issue over the last quarter century. Starting with the 1974 DeFunis v. Odegaard decision and the 1978 Bakke decision, which marked the beginnings of the Court's entanglement with affirmative action, Girardeau Spann examines every major Supreme Court affirmative action decision, showing how the controversy the Court initially left unresolved in DeFunis has persisted through the Court's 1998-99 term. Including nearly thirty principal cases, covering equal protection, voting rights, Title VII, and education, The Law of Affirmative Action is the only work to treat the Court decisions on racial affirmative action so closely, tracing the votes of each justice who has participated in the decisions. Indispensable for students and scholars, this timely volume elucidates reasons for the 180 degree turn in opinion on an issue so central to the debate on race in America today.
Download or read book Advantages and Controversy of US Affirmative Action Concerning African Americans written by Katharina Fischer and published by GRIN Verlag. This book was released on 2010-07 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2010 in the subject English - Applied Geography, grade: 1,0, University of Kassel (FB 05 - Geschichte Gro britanniens und Nordamerikas), course: Hauptseminar: Immigration and Ethnicity in American History, language: English, abstract: In this term paper the author discusses US race relations under the aspect of "affirmative action". Under the influence of the civil rights movement African-Americans and white liberals managed to achieve a breakthrough in civil rights legislation in the 1960s. This became the foundation of administrative measures that were intended to get minorities into business, civil service and colleges. These are called "affirmative action". The policy, designed to achieve equal opportunities for blacks, is itself ambiguous as the law prohibits discrimination ad preferential treatment of any US citizen. The author focuses on this dilemma. First she defines what affirmative action is, what its purpose is and to what extend it can lead to preferential treatment. Then a look is taken at the history of African-Americans since the end of slavery in the 19th century. This is inevitable to understand the intentions and goals of the civil rights activism of the 1950s and 1960s. Chapter four focuses on the pros and cons of affirmative action. One the one hand the author explores philosophical, legal and social arguments for the advancement of blacks. On the other hand she analyses legal criticism of affirmative action and the argument of "reverse discrimination". Finally, the author explains why the US still needs affirmative action and how it can be revised.
Download or read book Controversies in Equal Protection Cases in America written by Anne Richardson Oakes and published by Routledge. This book was released on 2016-03-03 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection engages with current issues on equal protection in the USA, as seen from the perspectives of leading academics in this area. Contributors with a range of perspectives interrogate the legal, theoretical and factual assumptions which shape case law and consider the extent to which they satisfactorily address contemporary concerns with social hierarchies and norms. Divided into five parts, the study focusses on the connections between equal protection jurisprudence, discrimination in its contemporary manifestations, the implications of identity politics and the moral and political conceptualizations of equality that represent the parameters of debate. Drawing on historical analysis and disciplinary insights of the social sciences, the book bridges the gap between theory and practice. The themes presented and analyses developed are among some of the most contentious currently in America, and will be of interest not just to lawyers and legal academics, but also to inter-disciplinary social science researchers, including sociologists, economists and political scientists.
