Download or read book Intergroup Rivalry Anti Competitive Conduct and Affirmative Action written by Michelle Adams and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Significant research in social science describes racial inequality as grounded in notions of group identity and group conflict. Sociologists and social psychologists who study discrimination and prejudice have moved away from theories that explain prejudice solely as a problem of individual perception, and toward theories that view individual cognitive processes as related to group membership. While present social science yields no consensus view, there is a striking emphasis in the current literature on group identity theories as "powerful determinants of behavior." These theories, which stress the importance of prejudice as a group-based phenomenon and focus on "social-structural theories of group competition," are particularly resonant for our discussion of affirmative action and competitive process distortion. Thus, social science scholarship has recognized that discriminatory behaviors are not just the result of personal, individual cognitive-process distortions, but are a problem of collective action. This article explores this notion of collective action by analyzing the process by which blacks and whites compete for resources and benefits and highlights three areas in which this anti-competitive conduct can be seen: employment, housing and education. Through strict scrutiny analysis, recent jurisprudence takes an unduly limited approach to interpreting the demands of equal protection. In these three disparate areas, lower federal courts have engaged in a similar strict scrutiny analysis in reviewing affirmative action programs. In each area, the respective court failed to engage in a meaningful compelling governmental interest analysis, allowing it to ignore the competitive dynamics underlying each case. These courts then jumped to a truncated narrow tailoring inquiry, which allowed them to strike down the affirmative action plans presented. This approach short-circuits meaningful judicial review of the affirmative action plans crafted by governmental actors. As a result, the courts leave intact structures that benefit whites at the expense of blacks. By viewing cases in these areas through the lens of competition, we see that different outcomes are both possible and advisable. The Tenth Circuit's most recent decision in the long-running Adarand litigation highlights the approach this article advocates because the court began to shift toward viewing discrimination as a form of anti-competitive conduct. This approach allowed the court to engage in a meaningful compelling governmental interest inquiry and allowed it to see the ways in which discrimination locked-in benefits for one group over time. In beginning to use the language of competition, the court was on the right track toward a fuller and richer conception of inter-group conflict and anti-competitive conduct. By following Adarand's lead and analyzing affirmative action disputes through the lens of competition, courts and policy-makers will develop a more complete understanding of the dynamics of discrimination and will develop more thorough tools with which to evaluate cases and create affirmative action policy.

Download or read book Implicit Racial Bias Across the Law written by Justin D. Levinson and published by Cambridge University Press. This book was released on 2012-04-23 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how scientific evidence on the human mind might help to explain why racial equality is so elusive. Through the lens of powerful and pervasive implicit racial attitudes and stereotypes, it examines both the continued subordination of historically disadvantaged groups and the legal system's complicity in the subordination.

Download or read book Equitable Sharing written by Thomas Kleven and published by Lexington Books. This book was released on 2013-12-16 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equitable Sharing: Distributing the Benefits and Detriments of Democratic Society argues that a principle of equitable sharing—one that requires the benefits and detriments of social life to be fairly distributed among all members of society—is fundamental to the concept of democracy and is implicit in the founding documents of the democratic society the United State purports to be. To illustrate the centrality of equitable sharing to democracy, this book examines the political philosophies of John Locke, John Stuart Mill, and John Rawls. Locke’s libertarianism, Mill’s utilitarianism, and Rawls’ egalitarianism represent major strains of Western democratic theory, and all contain a principle of equitable sharing in some form. To illustrate the centrality of equitable sharing to U.S. society, the book examines the Declaration of Independence and the Constitution. While these documents do not set forth a particular version of equitable sharing, they contain elements of all of Locke’s, Mill’s and Rawls’ philosophies and evidence a commitment to equitable sharing as fundamental to the democratic society they contemplate. The task of U.S. society throughout its existence has been to engage in an on-going dialogue that gives life to the commitment to equitable sharing set forth in its founding documents. As the elected representatives of the people and the repository of the powers through which to implement much of what equitable sharing requires, the primary responsibility for implementation rests with the legislative branch. This book argues that the Supreme Court, interacting with the public and the legislature, also has a meaningful role to play in the dialogue over the requirements of equitable sharing and can play this role in a manner consistent with democratic principles. This point is illustrated through a discussion of several contemporary issues: same sex marriage, racial integration in public schools, health care, and the regulation of the electoral process.

Download or read book Women and Management written by Michele A. Paludi and published by Bloomsbury Publishing USA. This book was released on 2013-02-20 with total page 743 pages. Available in PDF, EPUB and Kindle. Book excerpt: For every woman still bumping the glass ceiling and every man who cares, these volumes recount challenges female leaders face—and strategies that will smooth the path to managerial positions in corporate America and worldwide. Expert contributors offer a global perspective on issues women leaders and managers must confront every day, from sex discrimination, sexual harassment, and gender mainstreaming to pay inequity and male perceptions of women leaders. Volume 1, Degrees of Challenge, addresses both overt and subtle biases women encounter in trying to meet their career aspirations. Volume 2, Signs of Solutions, offers concrete, empowering strategies for organizational change intended to eliminate discriminatory treatment of women in the workplace. The 30 research-based studies here are drawn from nations as disparate as the United States, Turkey, Puerto Rico, Australia, Japan, Great Britain, Israel, the Czech Republic, the Dominican Republic, India, Nepal, Korea, Sri Lanka, and Indonesia to showcase new and emerging solutions worldwide. Accounts from woman managers are also included to provide the reader with real-life examples of how women deal with organizations that welcome them—and those that hinder their performance.

Download or read book Temple Law Review written by and published by . This book was released on 2004 with total page 1102 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Symposium written by and published by . This book was released on 2008 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Columbia Law Review written by and published by . This book was released on 2004 with total page 882 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Government Discrimination written by James A. Kushner and published by . This book was released on 2007 with total page 1952 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Processes of Prejudice written by Dominic Abrams and published by . This book was released on 2010 with total page 111 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Current Law Index written by and published by . This book was released on 2004 with total page 1120 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Denver journal of international law and policy written by and published by . This book was released on 2003 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Index to Legal Periodicals Books written by and published by . This book was released on 2003 with total page 2072 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The SAGE Handbook of Social Psychology written by Michael A Hogg and published by SAGE. This book was released on 2007-03-26 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: `This Volume is everything one would want from a one-volume handbook′ - Choice Magazine In response to market demand, The SAGE Handbook of Social Psychology: Concise Student Edition has been published and represents a slimmer (16 chapters in total), more course focused and student-friendly volume. The editors and authors have also updated all references, provided chapter introductions and summaries and a new Preface outlining the benefits of using the Handbook as an upper level teaching resource. It will prove indispensable reading for all upper level and graduate students studying social psychology.

Download or read book Encyclopedia of Multiculturalism written by Susan Auerbach and published by Cavendish Square Publishing. This book was released on 1994 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: A general student reference of uncommon interest, examining American history and society through the experience of racial, ethnic, national, religious, and other marginalized groups (including children, disabled people, and gays and lesbians) whose experiences and views have often been excluded from the mainstream of American history. The encyclopedia focuses on key multicultural concepts, events, people, places, and organizations in alphabetical entries from the A. Philip Randolph Institute to the (anti-Mexican American) zoot-suit riots of 1943. The shortest entries are brief, 100-word biographies of significant people past and present. Signed articles on major subjects such as colonialism, sexual harassment, assimilation, and civil rights contain up to 5,000 words. Many entries are accompanied by photographs, maps, diagrams, and charts. Volume 6 includes a time line, multicultural resource directory, filmography, bibliography, subject list, and index. Annotation copyright by Book News, Inc., Portland, OR

Download or read book Critical Race Consciousness written by Gary Peller and published by Routledge. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite apparent racial progress in the US, this book argues that the African American community is actually in a deep crisis on many fronts.

Download or read book Organizing Matters written by Guy Mundlak and published by Edward Elgar Publishing. This book was released on 2020-05-29 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Organizing Matters demonstrates the interplay between two distinct logics of labour’s collective action: on the one hand, workers coming together, usually at their place of work, entrusting the union to represent their interests and, on the other hand, social bargaining in which the trade union constructs labour’s interests from the top down. The book investigates the tensions and potential complementarities between the two logics through the combination of a strong theoretical framework and an extensive qualitative case study of trade union organizing and recruitment in four countries – Austria, Germany, Israel and the Netherlands. These countries still utilize social-wide bargaining but find it necessary to draw and develop strategies transposed from Anglo-American countries in response to continuously declining membership.

Download or read book LatCrit written by Francisco Valdes and published by NYU Press. This book was released on 2021-06-15 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book comprehensively but succinctly tells the story of LatCrit's emergence and sustainable presence as a scholarly and activist community within and beyond the US legal academy, finding its place alongside such other schools of critical legal knowledge as Feminist Legal Theory and Critical Race Theory that aim to combust social and legal transformative change"--