Download or read book Affirmative Action and Principles of Justice written by Kathanne W. Greene and published by Praeger. This book was released on 1989-11-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A thorough examination of philosophical and legal issues, Affirmative Action and Principles of Justice systematically explores a vitally important yet complicated and confounding subject. Affirmative action is also an emotionally loaded area of experience and one that is difficult to assess because of the strong sentiments that arise among individuals confronting the issue. The book is divided into five sections: the first defines the principles of justice involved and delineates the issues; the second presents a legislative history of Title VII from early civil rights efforts through Kennedy's proposals on the subject, the Reagan EEOC, and Title VII and the Supreme Court; a third chapter scrutinizes early Title VII employment discrimination case law, defining discrimination and considering goals and quotas; a fourth chapter reviews landmark affirmative action cases and provides an overview of the state of affirmative action case law. The concluding chapter addresses affirmative action, policymaking, and statutory interpretation by surveying the legislative history of Title VII of the Civil Rights Act of 1964, as well as early Title VII employment discrimination cases, and probing the philosophical basis of affirmative action. A must-read study for legal and legislative historians, students and scholars of the affirmative action process in the United States, policymakers, legislators, and practicing attorneys.
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 Affirmative Action and Justice written by Michel Rosenfeld and published by Yale University Press. This book was released on 1991-01-01 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Michel Rosenfeld provides virtually the first interdisciplinary analysis of affirmative action. Rosenfeld offers a critical examination of the major existing philosophical and constitutional theories on affirmative action and elaborates a new theory that strongly defends the justice of affirmative action from both the standpoint of both philosophy and constitutional law.
Download or read book Affirmative action and principle of justice written by K. Greene and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Diversity And Affirmative Action In Public Service written by Walter Broadnax and published by Routledge. This book was released on 2018-03-14 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1968 a theory of social equity was developed and put forward as the "third pillar for public administration, with the same status as economy and efficiency as values or principles to which public administration should adhere. Considerable progress has been made in social equity in the past 20 years. Theoretically, the works ofRawls and Rae and associates provide a language and a road map for understanding the complexity of the subject. The courts were especially supportive of principles of social equity in the later years of Chief Justice Earl Warren and during the years of Chief Justice Warren Burger. The present period, marked by the leadership of William Rehnquist, evidences a significant drawing back from the earlier commitment to equity. The decisions of state courts, based upon state constitutions and the common law, hold considerable promise for advancing social equity principles. Scholarly research demonstrates the belief of the American people in fairness, justice, and equality and their recognition of the complexity of the subject and their ambivalence toward competing claims for equality. Research on public administration finds that bureaucratic decision rules and the processes of policy implementation tend to favor principles of social equity.
Download or read book For Discrimination written by Randall Kennedy and published by Vintage. This book was released on 2015-06-09 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive reckoning with one of America’s most explosively contentious and divisive issues—from “one of our most important and perceptive writers on race and the law.... The mere fact that he wrote this book is all the justification necessary for reading it.”—The Washington Post What precisely is affirmative action, and why is it fiercely championed by some and just as fiercely denounced by others? Does it signify a boon or a stigma? Or is it simply reverse discrimination? What are its benefits and costs to American society? What are the exact indicia determining who should or should not be accorded affirmative action? When should affirmative action end, if it must? Randall Kennedy gives us a concise and deeply personal overview of the policy, refusing to shy away from the myriad complexities of an issue that continues to bedevil American race relations.
Download or read book Justice Gender and Affirmative Action written by Susan D. Clayton and published by . This book was released on 1992 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: CHAPTER 3 Relative Deprivation
Download or read book The Constitutional Logic of Affirmative Action written by Ronald J. Fiscus and published by Duke University Press. This book was released on 1996-01-22 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few issues are as mired in rhetoric and controversy as affirmative action. This is certainly no less true now as when Ronald J. Fiscus’s The Constitutional Logic of Affirmative Action was first published in 1992. The controversy has, perhaps, become more charged over the past few years. With this compelling and rigorously reasoned argument for a constitutional rationale of affirmative action, Fiscus clarifies the moral and legal ramifications of this complex subject and presents an important view in the context of the ongoing debate. Beginning with a distinction drawn between principles of compensatory and distributive justice, Fiscus argues that the former, although often the basis for judgments made in individual discrimination cases, cannot sufficiently justify broad programs of affirmative action. Only a theory of distributive justice, one that assumes minorities have a right to what they would have gained proportionally in a nonracist society, can persuasively provide that justification. On this basis, the author argues in favor of proportional racial quotas—and challenges the charge of “reverse discrimination” raised in protest in the name of the “innocent victims” of affirmative action—as an action necessary to approach the goals of fairness and equality. The Constitutional Logic of Affirmative Action focuses on Supreme Court affirmative action rulings from Bakke (1976) to Croson (1989) and includes an epilogue by editor Stephen L. Wasby that considers developments through 1995. General readers concerned with racial justice, affirmative action, and public policy, as well as legal specialists and constitutional scholars will find Fiscus’s argument passionate, balanced, and persuasive.
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 Constitutionalism in Context written by David S. Law and published by . This book was released on 2022-02-09 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.
Download or read book Equality and Preferential Treatment written by Marshall Cohen and published by Princeton University Press. This book was released on 1977-08-21 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays, with one exception originally published in Philosophy & Public Affairs, consider the moral problems associated with improving the social and economic position of disadvantaged groups. If the situation of women and minorities improves so that their opportunities are equal to those of more favored groups, will they then be in a competitive position conducive to equal achievement? If not, can preferential hiring or preferential admission to educational institutions be justified? The contributors explore the complexities of this problem from several points of view. The discussions in Part I are more theoretical and concentrate on the application to this case of general considerations from ethical theory. The discussions in Part II also take up theoretical questions, but they start from specific problems about the constitutionality and the effectiveness of certain methods of achieving equality and counteracting discrimination. The two groups of essays demonstrate admirably the close connection between moral philosophy and questions of law and policy. The issues discussed include compensation, liability, victimization, the significance of group membership, the intrinsic importance of racial, sexual, or meritocratic criteria, and the overall effects of preferential policies.
Download or read book Affirmative Action written by Albert G. Mosley and published by Rowman & Littlefield. This book was released on 1996 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, two distinguished philosophers debate one of the most controversial public policy issues of the late 20th century. Each begins by making a case for or against affirmative action, laying out the major arguments on both sides. Each author then responds to the other's essay. Written in an engaging, accessible style, Affirmative Action is an excellent text for junior level philosophy, political theory, public policy, and African-American studies courses as well as a guide for professionals navigating this important debate.
Download or read book A Conflict of Principles written by Carl Cohen and published by University Press of Kansas. This book was released on 2014-11-07 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: "No state . . . shall deny to any person within its jurisdiction the equal protection of the laws." So says the Equal Protection Clause of the U.S. Constitution, a document held dear by Carl Cohen, a professor of philosophy and longtime champion of civil liberties who has devoted most of his adult life to the University of Michigan. So when Cohen discovered, after encountering some resistance, how his school, in its admirable wish to increase minority enrollment, was actually practicing a form of racial discrimination—calling it "affirmative action"—he found himself at odds with his longtime allies and colleagues in an effort to defend the equal treatment of the races at his university. In A Conflict of Principles Cohen tells the story of what happened at Michigan, how racial preferences were devised and implemented there, and what was at stake in the heated and divisive controversy that ensued. He gives voice to the judicious and seldom heard liberal argument against affirmative action in college admission policies. In the early 1970s, as a member of the Board of Directors of the American Civil Liberties Union, Cohen vigorously supported programs devised to encourage the recruitment of minorities in colleges, and in private employment. But some of these efforts gave deliberate preference to blacks and Hispanics seeking university admission, and this Cohen recognized as a form of racism, however well-meaning. In his book he recounts the fortunes of contested affirmative action programs as they made their way through the legal system to the Supreme Court, beginning with DeFunis v. Odegaard (1974) at the University of Washington Law School, then Bakke v. Regents of the University of California (1978) at the Medical School on the UC Davis campus, and culminating at the University of Michigan in the landmark cases of Grutter v. Bollinger and Gratz v. Bollinger (2003). He recounts his role in the initiation of the Michigan cases, explaining the many arguments against racial preferences in college admissions. He presents a principled case for the resultant amendment to the Michigan constitution, of which he was a prominent advocate, which prohibited preference by race in public employment and public contracting, as well as in public education. An eminently readable personal, consistently fair-minded account of the principles and politics that come into play in the struggles over affirmative action, A Conflict of Principles is a deeply thoughtful and thought-provoking contribution to our national conversation about race.
Download or read book Justice and Reverse Discrimination written by Alan H. Goldman and published by Princeton University Press. This book was released on 2015-03-08 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through careful consideration of the mutually plausible yet conflicting arguments on both sides of the issue, Alan Goldman attempts to derive a morally consistent position on the justice (or injustice) of reverse discrimination. From a philosophical framework that appeals to a contractual model of ethics, he develops principles of rights, compensation, and equal opportunity. He then applies these principles to the issue at hand, bringing his conclusions to bear on an evaluation of Affirmative Action programs as they tend to work in practice. Originally published in 1979. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Download or read book A Philosophical Defense of Affirmative Action written by Engelbert Ssekasozi and published by Edwin Mellen Press. This book was released on 1999 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ssekasozi provides an ontological ethical foundation for the legal analysis on affirmative action, arguing that there is a fine ethical distinction between human rights and civil rights in practice and that, where discrimination is "categorical" in nature, a "categorical" solution is required. Chapters include a review of the literature; a summary of relevant legal documents; a detailed philosophical explication of the problem; and discussion of types of discrimination, with conclusions and directions for future research. Double-spaced text. Annotation copyrighted by Book News, Inc., Portland, OR
Download or read book Racism and Justice written by Gertrude Ezorsky and published by Cornell University Press. This book was released on 2018-08-06 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: Affirmative action: does it really counteract racism? Is it morally justifiable? In her timely and tough-minded book, Gertrude Ezorsky addresses these central issues in the ongoing controversy surrounding affirmative action, and comes up with some convincing answers. Ezorsky begins by examining the effectiveness of affirmative action as a remedy for institutional racism in the workplace. She analyzes the ways in which common practices-selection of employees based on personal connections, qualification, and seniority standards-perpetuate the injurious effect of past racial discrimination, and she assesses the rationale for such affirmative action measures as objective job-related testing, numerical goals, and preferential treatment for basically qualified blacks. To illuminate the social reality in which affirmative action takes place, she draws on recent work by social scientists and legal scholars. Turning to the moral issues, Ezorsky posits two basic justifications for affirmative action: first, looking backward-to provide deserved compensation for past racial injustice that was sanctioned, practiced, and encouraged by our government; second, looking forward-to promote racial desegregation in the American workplace. Unlike some supporters of affirmative action, she does not deny that preferential treatment may place an unfair burden on white males. Indeed, she suggests specific practical measures for spreading that burden more equitably. Clear-headed, well-reasoned, and persuasive, this book will be read eagerly by everyone from students to legislators, by anyone concerned with racial justice in America.
Download or read book Affirmative Action written by Julio Faúndez and published by International Labour Organization. This book was released on 1994 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: C. Goals and timetables
