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 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 Legal Limits of Race conscious Affirmative Action in Higher Education Student Admission Programs written by Alvin J. Schilling and published by . This book was released on 2004 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 Affirmative Action and Preferential Treatment written by Pamela L. Medina and published by Nova Science Publishers. This book was released on 2013-01-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines a survey of federal laws containing preferences based on race, gender, or ethnicity. Affirmative action remains a subject of public debate as the result of legal and political developments at the federal, state, and local levels. In recent years, federal courts have reviewed minority admissions programs to state universities; scrutinized the constitutional status of racial diversity policies in public elementary and secondary schools; ruled on minority preferences in public and private employment as a remedy for violation of civil and constitutional rights; and considered federal, state, and local efforts to increase minority participation as contractors and subcontractors on publicly financed construction projects. Also discussed is affirmative action in the workplace; diversity in public education; race discrimination and the Supreme Court; and pay discrimination claims of the Civil Rights Act.
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 Case Against the SAT written by James Crouse and published by University of Chicago Press. This book was released on 1988-03-31 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The College Entrance Examination Board and the Educational Testing Service claim that the SAT helps colleges select students, helps college-bound students select appropriate institutions, and furthers equality of opportunity. But does it really? Drawing on three national surveys and on hundreds of studies conducted by colleges, the authors refute the justifications the College Board and the ETS give for requiring high school students to take the SAT. They show that the test neither helps colleges and universities improve their admissions decisions nor helps applicants choose schools at which they will be successful. They outline the adverse effect the SAT has on students from nonwhite and low-income backgrounds. They also question the ability of the College Board and the ETS to monitor themselves adequately. The authors do not, however, recommend abolishing either college admissions testing or the College Board and the ETS. Rather, they propose dropping the SAT and relying on such already available measures as students' high school coursework and grades, and they raise the possibility that new achievement tests that measure the mastery of high school courses could be developed to replace the SAT.
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 Equality Transformed written by Herman Belz and published by Transaction Publishers. This book was released on with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: A quarter-century after the enactment of the 1964 Civil Rights Act, its legacy remains controversial. The statutory language intended to ensure equal opportunity to all individuals is now interpreted as authorizing both public and private employers to adopt preferential policies that benefit designated groups based on race and gender. Much the same transformation has occurred in federal contract programs: President Kennedy's executive order that required equal employment opportunity is now understood as mandating minority hiring with numerical goals tantamount to quotas. Herman Belz's "Equality Transformed: A Quarter-Century of Affirmative Action "traces this transformation of equality and how it was brought about by courts, regulatory agencies, and activists. The early champions of civil rights sought to eradicate impediments to advancement for the downtrodden; the ultimate aim was to create a truly colorblind society. Over the years, this goal, while still professed, became even more elusive. Preferences, goals, and timetables - "temporary" means for the attainment of a nondiscriminatory society - seemed to undermine that noble quest. "Equality Transformed "provides a textured history of affirmative action and its effects upon race relations and our democratic, egalitarian ideals. In recent years, under the impetus of the Reagan Justice Department, the Supreme Court has backed away, however hesitantly, from its earlier sympathy towards race-conscious remedies and preferential treatment. Belz's analysis of recent Supreme Court cases and their antecedents allows us to better understand both the tensions in our society and the fury that the Court has triggered with its recent civil rights pronouncements. Belz makes a strong case for hewing to a forward-looking rather than a backward-looking approach to eradicating discrimination. Anyone interested in the history, law, theory, or morality of affirmative action in employment will find "Equality Transformed "invaluable.
Download or read book Mismatch written by Richard Sander and published by Basic Books. This book was released on 2012-10-09 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate over affirmative action has raged for over four decades, with little give on either side. Most agree that it began as noble effort to jump-start racial integration; many believe it devolved into a patently unfair system of quotas and concealment. Now, with the Supreme Court set to rule on a case that could sharply curtail the use of racial preferences in American universities, law professor Richard Sander and legal journalist Stuart Taylor offer a definitive account of what affirmative action has become, showing that while the objective is laudable, the effects have been anything but. Sander and Taylor have long admired affirmative action's original goals, but after many years of studying racial preferences, they have reached a controversial but undeniable conclusion: that preferences hurt underrepresented minorities far more than they help them. At the heart of affirmative action's failure is a simple phenomenon called mismatch. Using dramatic new data and numerous interviews with affected former students and university officials of color, the authors show how racial preferences often put students in competition with far better-prepared classmates, dooming many to fall so far behind that they can never catch up. Mismatch largely explains why, even though black applicants are more likely to enter college than whites with similar backgrounds, they are far less likely to finish; why there are so few black and Hispanic professionals with science and engineering degrees and doctorates; why black law graduates fail bar exams at four times the rate of whites; and why universities accept relatively affluent minorities over working class and poor people of all races. Sander and Taylor believe it is possible to achieve the goal of racial equality in higher education, but they argue that alternative policies -- such as full public disclosure of all preferential admission policies, a focused commitment to improving socioeconomic diversity on campuses, outreach to minority communities, and a renewed focus on K-12 schooling -- will go farther in achieving that goal than preferences, while also allowing applicants to make informed decisions. Bold, controversial, and deeply researched, Mismatch calls for a renewed examination of this most divisive of social programs -- and for reforms that will help realize the ultimate goal of racial equality.
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 Affirmative Action written by James S. Peterson and published by Nova Novinka. This book was released on 2005 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Affirmative action remains a focal point of public debate as the result of legal and political developments at the federal, state, and local levels. In recent years, federal courts have reviewed minority admissions programs to state universities in Texas, Georgia, Michigan, and Washington, questioning in general the constitutional status of racial and ethnic diversity policies in public education; invalidated minority preferences in public and private employment as a violation of constitutional and federal statutory rights; defeated a Federal Communications Commission policy requiring radio licensees to adopt affirmative minority recruitment and outreach measures; and nullified state and local efforts to increase minority group participation as contractors and subcontractors on publicly-financed construction projects. Ongoing legal controversy surrounds the Supreme Court's 1995 ruling in Adarand Constructors Inc. v. Pena, setting constitutional standards for race-based affirmative action by the federal government. The case returned to the High Court for a third appearance, as Adarand Constructors Inc. v. issues posed and dismissed the appeal as improvidently granted. This book also provides a broad, but by no means exhaustive, survey of federal statutes and regulations that specifically refer to race, gender, or ethnicity as factors to be considered in the administration of any federal program. Such measures may include, but are not limited to, goals, timetables, set-asides, and quotas, as those terms are generally (however imperfectly) understood.
Download or read book Legal Limits of Affirmative Action written by Jennifer Cornell and published by . This book was released on 1999 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The Bakke Case written by Rebecca Stefoff and published by Marshall Cavendish. This book was released on 2006 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: The impact and ramifications of cases argued before the Supreme Court are felt for decades, if not centuries. Only the most important issues of the day and the land make it to the nine justices, and the effects of their decisions reach far beyond the litigants. Under discussion here are five of the most momentous Supreme Court cases ever. They include Marbury v. Madison, Roe v. Wade, Dred Scott, Brown v. Board of Education, and The Pentagon Papers. An absorbing exploration of enormously controversial events, the series details, highlights, and clarifies the complex legal arguments of both sides. Placing the cases within their historical context (though they ultimately emerge as works in progress), the authors reveal each decision's relevance both to the past and the present. the result is a fascinating glimpse across the centuries into the workings of the Supreme Court and the American judicial system.
Download or read book The Myth of Affirmative Action written by Rudolph Alexander and published by Ethics International Press. This book was released on 2023-11-25 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many White people, and some conservative Black people, believe that affirmative action programs are unfairly depriving more deserving Whites of jobs and education opportunities. The author argues that is a myth. For example, University admissions data demonstrates that, despite affirmative action rhetoric, there remains systemic bias against Black students. Sociological data on criminal record, race, and employment, found that White people with a criminal record had a better chance of getting a call back, than Black people without one. Renowned Professor of Social Work Dr Rudolph Alexander Jr. analyses many examples which demonstrate that the claim that affirmative action programs have led to unfair discrimination against White people of equal ability, is a myth. Though not always comfortable reading, the book is an important addition to the literature on equality, diversity, and critical race theory.
