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| for discrimination race affirmative action and the law: For Discrimination Randall Kennedy, 2013-09-03 The definitive reckoning with Affirmative Action, 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 Washington Post “A clear-eyed take on America’s battle over affirmative action and diversity.... [Kennedy] goes straight at the issue with fearlessness and a certain cheekiness.” —Los Angeles Times “Compelling.... Powerful.” —Wall Street Journal 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. |
| for discrimination race affirmative action and the law: For Discrimination Randall Kennedy, 2013 |
| for discrimination race affirmative action and the law: Affirmative Action and Racial Preference Carl Cohen, James P. Sterba, 2003 Cohen and Sterba, two contemporary philosophers in sharp opposition, debate the value of affirmative action and racial preference. They defend thier views with analysis and commentay on landmark cases - including the decisions of the United States Supreme Court and the University of Michigan admissions cases, Gratz and Grutter. |
| for discrimination race affirmative action and the law: Race, Crime, and the Law Randall Kennedy, 2012-02-22 An admirable, courageous, and meticulously fair and honest book” (New York Times Book Review) in which “one of our most important and perceptive writers on race (The Washington Post) takes on a highly complex issue in a way that no one has before. This book should be a standard for all law students.—Boston Globe In this groundbreaking, powerfully reasoned, lucid work that is certain to provoke controversy, Harvard law professor Randall Kennedy takes on a highly complex issue in a way that no one has before. Kennedy uncovers the long-standing failure of the justice system to protect blacks from criminals, probing allegations that blacks are victimized on a widespread basis by racially discriminatory prosecutions and punishments, but he also engages the debate over the wisdom and legality of using racial criteria in jury selection. He analyzes the responses of the legal system to accusations that appeals to racial prejudice have rendered trials unfair, and examines the idea that, under certain circumstances, members of one race are statistically more likely to be involved in crime than members of another. |
| for discrimination race affirmative action and the law: Affirmative Action on Trial Melvin I. Urofsky, 1997 Affirmative action continues to be one of the most hotly contested issues in America. Volatile and divisive, the debates over its legitimacy have inspired a number of reverse discrimination suits in the federal courts. Like the landmark 1978 Bakke decision, most of these have focused on preferential treatment given racial minorities. In Johnson v. Santa Clara, however, the central issue was gender, not race discrimination, and the Supreme Court's decision in that case marked a resounding victory for women in the work force. Johnson v. Santa Clara involved two people who in 1980 competed for a dispatcher position with the transportation department of Santa Clara County, California. Paul Johnson had more experience and slightly higher test scores, but Diane Joyce was given the job based on affirmative action. An irate Johnson sued the county and won, only to have the decision reversed in appellate court. That reversal was subsequently upheld in the Supreme Court's 1987 decision, reaffirming that it was legitimate for employers to consider gender in hiring. Preeminent legal historian Melvin Urofsky proves an exemplary guide through the complexities of this case as he takes us from the workplace through the various levels of our federal court system. Balancing the particulars of the case with an overview of constitutional law and judicial process, he creates a model legal history that is both appealing and enlightening for the non-scholar. Urofsky is especially good at highlighting the fundamental human drama of this case and shows how Johnson and Joyce were simply ordinary people, each with valid reasons for their actions, but both ultimately caught up in legal and social issues that reached well beyond their own lives. Affirmative Action on Trial pointedly addresses the issue of sex discrimination and the broader controversy over the place of affirmative action in American society. The latter continues to generate headlines, like those that followed the 1996 Supreme Court decision to let stand a lower-court ruling that race cannot be used as a determination for admission to academic programs. More recently, several states have even taken steps to end affirmative action altogether. While it's hard to tell how such actions will ultimately impact affirmative action, there's no question that the rulings in cases like Johnson v. Santa Clara will continue to guide and influence the debates both inside and outside the courtroom. |
| for discrimination race affirmative action and the law: Place, Not Race Sheryll Cashin, 2014-05-06 From a nationally recognized expert, a fresh and original argument for bettering affirmative action Race-based affirmative action had been declining as a factor in university admissions even before the recent spate of related cases arrived at the Supreme Court. Since Ward Connerly kickstarted a state-by-state political mobilization against affirmative action in the mid-1990s, the percentage of four-year public colleges that consider racial or ethnic status in admissions has fallen from 60 percent to 35 percent. Only 45 percent of private colleges still explicitly consider race, with elite schools more likely to do so, although they too have retreated. For law professor and civil rights activist Sheryll Cashin, this isn’t entirely bad news, because as she argues, affirmative action as currently practiced does little to help disadvantaged people. The truly disadvantaged—black and brown children trapped in high-poverty environs—are not getting the quality schooling they need in part because backlash and wedge politics undermine any possibility for common-sense public policies. Using place instead of race in diversity programming, she writes, will better amend the structural disadvantages endured by many children of color, while enhancing the possibility that we might one day move past the racial resentment that affirmative action engenders. In Place, Not Race, Cashin reimagines affirmative action and champions place-based policies, arguing that college applicants who have thrived despite exposure to neighborhood or school poverty are deserving of special consideration. Those blessed to have come of age in poverty-free havens are not. Sixty years since the historic decision, we’re undoubtedly far from meeting the promise of Brown v. Board of Education, but Cashin offers a new framework for true inclusion for the millions of children who live separate and unequal lives. Her proposals include making standardized tests optional, replacing merit-based financial aid with need-based financial aid, and recruiting high-achieving students from overlooked places, among other steps that encourage cross-racial alliances and social mobility. A call for action toward the long overdue promise of equality, Place, Not Race persuasively shows how the social costs of racial preferences actually outweigh any of the marginal benefits when effective race-neutral alternatives are available. |
| for discrimination race affirmative action and the law: Mismatch Richard Sander, Stuart Taylor Jr, 2012-10-09 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. |
| for discrimination race affirmative action and the law: Race, Racism, and American Law Derrick A. Bell, Cheryl I. Harris, Justin Hansford, Amna A. Akbar, Atiba Ellis, Audrey G. McFarlane, 2023-02-01 Intended for use with the authors’ forthcoming casebook, Race, Racism, and American Law, Seventh Edition (forthcoming 2024), Race, Racism, and American Law: Leading Cases and Materials includes significant historical and contemporary cases and materials edited with an aim to foreground the most relevant sections and passages to illustrate the crucial role of race in the formation of US law. This new edition of Derrick Bell’s groundbreaking textbook Race, Racism, and American Law, like prior versions, eschews a traditional casebook format. The locus of analysis in this text is the struggle for racial justice, and its underlying history and political context as reflected in the ongoing contestation over law, legal reform, and transformation. As such the supplement includes but is not limited to Supreme Court cases. We follow Bell’s model of locating all edited cases and materials in the supplement, reserving the book’s text to provide historical and political context for significant cases or legislative actions, along with hypothetical questions, comments, and other tools of analysis. Professors and students will benefit from: Both legal and non-legal primary source material.Leading Cases and Materials includes selected historical and contemporary cases, legislation, and other legal materials that foreground the crucial role of race and racism, and the struggle for racial justice, within and through US law. A carefully selected compilation of United States Supreme Court Cases. Each case is chosen to guide readers through elements of US jurisprudence which reflect both reform and retrenchment of societal inequity as it relates to the question of race. Cases range from significant 18th century cases such as Johnson v. McIntosh (1823) (indigenous people cannot transfer full title to land) to contemporary civil rights decisions such as Brnovich v. Democratic National Committee (2021) (further limiting the reach of the Voting Rights Act) and Comcast v. National Association of African American Owned Media (2020) (limiting protections against racial discrimination in contracting). Doctrinally and theoretically significant cases from lower federal courts and state courts. Cases from lower courts are selected to provide critical race insights into how judicial institutions outside the US Supreme Court shape doctrine and debates over race and racial inequality. Cases range from Acre v. Douglass (9th Cir. 2015) (ban on teaching of Mexican American studies found unconstitutional) to Lobato v. Taylor (Colo. 2003) (speculator attempts to divest Mexican American landowners with defective title derived from Mexico). Significant legislative and executive legal documents. This supplement includes materials going beyond traditional edited cases, reflecting the insight that a critical race analysis necessitates a grasp of law beyond the courts. Additional materials range from the United States Department of Justice Investigation of the Ferguson Police Department (2015) to the George Floyd Justice in Policing Act of 2020. Benefits for instructors and students: Provokes discussion on contemporary and historical legal controversies cases and materials edited to address issues the lens of critical race theory’s conceptual framework |
| for discrimination race affirmative action and the law: The Pursuit of Fairness Terry H. Anderson, 2004-06-07 Affirmative action strikes at the heart of deeply held beliefs about employment and education, about fairness, and about the troubled history of race relations in America. Published on the 50th anniversary of Brown v. Board of Education, this is the only book available that gives readers a balanced, non-polemical, and lucid account of this highly contentious issue. Beginning with the roots of affirmative action, Anderson describes African-American demands for employment in the defense industry--spearheaded by A. Philip Randolph's threatened March on Washington in July 1941--and the desegregation of the armed forces after World War II. He investigates President Kennedy's historic 1961 executive order that introduced the term affirmative action during the early years of the civil rights movement and he examines President Johnson's attempts to gain equal opportunities for African Americans. He describes President Nixon's expansion of affirmative action with the Philadelphia Plan--which the Supreme Court upheld--along with President Carter's introduction of set asides for minority businesses and the Bakke ruling which allowed the use of race as one factor in college admissions. By the early 1980s many citizens were becoming alarmed by affirmative action, and that feeling was exemplified by the Reagan administration's backlash, which resulted in the demise and revision of affirmative action during the Clinton years. He concludes with a look at the University of Michigan cases of 2003, the current status of the policy, and its impact. Throughout, the author weighs each side of every issue--often finding merit in both arguments--resulting in an eminently fair account of one of America's most heated debates. A colorful history that brings to life the politicians, legal minds, and ordinary people who have fought for or against affirmative action, The Pursuit of Fairness helps clear the air and calm the emotions, as it illuminates a difficult and critically important issue. |
| for discrimination race affirmative action and the law: A Black and White Case Greg Stohr, 2006-04-01 In the late 1990s, two lawsuits by white applicants who had been rejected by the University of Michigan began working their way through the federal court system, aimed at the abolition of racial preferences in college admissions. The stakes were high, the constitutional questions profound, the politics and emotions explosive. It was soon evident that the matter was headed for the highest court in the land, but there all clarity ended. To the plaintiffs and the feisty public-interest law firm that backed them, the suits were a long overdue assault on reverse discrimination. The Constitution, strictly construed, was color-blind. Discrimination under any guise was not only illegal, it was the wrong way to set history right in a nation that had been troubled and divided by the uses and misuses of race for more than two hundred years. To the University of Michigan, and to other top institutions striving to expand opportunity and create diverse, representative student bodies, it looked as if most of what had been put in place since the 1978 Bakke v. University of California decision was about to be undone. Black and Hispanic students were in danger of being once again largely shut out of the most important avenue of advancement in America, an elite education. To some, it appeared likely that racial integration was about to suffer their worst setback since the start of the civil rights movement. In A Black and White Case, veteran Supreme Court reporter Greg Stohr portrays the individual dramas and exposes the human passions that colored and propelled this momentous legal struggle. His fascinating account takes us deep inside America’s court system, where logic collides with emotion, and common sense must contend with the majesty and sometimes the seeming perversity of the law. He follows the trail from Michigan to Washington, DC, revealing how lawyers argued and strategized, how lower-court judges fought behind the scenes for control of the cases, and why the White House filed a brief in support of the white students, in opposition to a chorus of retired generals and admirals worried that the military academies would no longer reflect the face of America. Finally, Stohr details the fallout from the Supreme Court's controversial 2003 ruling that both upheld affirmative action and upended some of the methods that had been used to effect it. And he shows how colleges and universities are reshaping their affirmative action policies--an evolution closely watched by lower courts, employers, civil rights lawyers, legislators, regulators, and the public. A Black and White Case brings alive and brilliantly explains one of the most important Supreme Court decisions on the fundamental and divisive subject of race relations in America. |
| for discrimination race affirmative action and the law: Understanding Affirmative Action J. Edward Kellough, 2006 For some time, the United States has been engaged in a national debate over affirmative action policy. A policy that began with the idea of creating a level playing field for minorities has sparked controversy in the workplace, in higher education, and elsewhere. After forty years, the debate still continues and the issues are as complex as ever. While most Americans are familiar with the term, they may not fully understand what affirmative action is and why it has become such a divisive issue. With this concise and up-to-date introduction, J. Edward Kellough brings together historical, philosophical, and legal analyses to fully inform participants and observers of this debate. Aiming to promote a more thorough knowledge of the issues involved, this book covers the history, legal status, controversies, and impact of affirmative action in both the private and public sectors -- and in education as well as employment. In addition, Kellough shows how the development and implementation of affirmative action policies have been significantly influenced by the nature and operation of our political institutions. Highlighting key landmarks in legislation and court decisions, he explains such concepts as disparate impact, diversity management, strict scrutiny, and representative bureaucracy. Understanding Affirmative Action probes the rationale for affirmative action, the different arguments against it, and the known impact it has had. Kellough concludes with a consideration of whether or not affirmative action will remain a useful tool for combating discrimination in the years to come. Not just for students in public administration and public policy, this handy volume will be a valuable resource for public administrators, human resource managers, and ordinary citizens looking for a balanced treatment of a controversial policy. |
| for discrimination race affirmative action and the law: Affirmative Action for the Future James Sterba, 2011-01-15 At a time when private and public institutions of higher education are reassessing their admissions policies in light of new economic conditions, Affirmative Action for the Future is a clarion call for the need to keep the door of opportunity open. In 2003, U.S. Supreme Court's Grutter and Gratz decisions vindicated the University of Michigan Law School's affirmative action program while striking down the particular affirmative action program used for undergraduates at the university. In 2006 and 2008, state referendums banned affirmative action in some states while upholding it in others. Taking these developments into account, James P. Sterba draws on his vast experience as a champion of affirmative action to mount a new moral and legal defense of the practice as a useful tool for social reform. Sterba documents the level of racial and sexual discrimination that still exists in the United States and then, arguing that diversity is a public good, he calls for expansion of the reach of affirmative action as a mechanism for encouraging true diversity. In his view, we must include in our understanding of affirmative action the need to favor those who come from economically disadvantaged backgrounds, regardless of race and sex. Elite colleges and universities could best facilitate opportunities for students from working-class and poor families, in Sterba's view, by cutting back on legacy and athletic preferences that overwhelmingly benefit wealthy white applicants. |
| for discrimination race affirmative action and the law: Notes of a Racial Caste Baby Bryan K. Fair, 1999 Affirmative action, the playing field is now level? Fair ambitiously surveys the most common arguments for and against affirmative action. He argues that we must distinguish between America in the pre-civil rights movement era - when the law of the land was explicitly anti-black - and today's affirmative action policies - which are decidedly not anti-white. He concludes that the only just and effective way both to account for America's racial past and to negotiate. |
| for discrimination race affirmative action and the law: Not All Black and White Christopher F. Edley, 1998-03-04 Christopher Edley, who served as point man for President Clinton's review of affirmative action, offers a spirited, lively analysis of one of the most vexing and contented issues in politics today. As he did for the President, so here, in a cogent, persuasive book for general readers and serious voters, Edley considers all the relevant legal data, social-science evidence, public-policy developments, and private-sector practice, then makes his eloquent, powerful case. |
| for discrimination race affirmative action and the law: Affirmative Action Francis Beckwith, Todd E. Jones, 1997 Contains fifteen essays on affirmative action |
| for discrimination race affirmative action and the law: Ending Affirmative Action Terry Eastland, 1997-03-20 In the 1960s, we resolved as a nation never to judge people by the color of their skin. But today, race-based public policy has once again become the norm, this time under the banner of affirmative action. How, asks Terry Eastland, did such a turnabout take place, and how can we restore colorblind law in America today? In this compelling and powerful book, Eastland lays bare the absurdities and injustices of affirmative action, and presents the strongest case to date for doing away with race-based and gender-based preferences—a ringing call for all Americans to reclaim our nation's shared values of equal protection under the law, without reference to race, color, creed, gender, or national origin. |
| for discrimination race affirmative action and the law: When Affirmative Action Was White: An Untold History of Racial Inequality in Twentieth-Century America Ira Katznelson, 2006-08-17 A groundbreaking work that exposes the twisted origins of affirmative action. In this penetrating new analysis (New York Times Book Review) Ira Katznelson fundamentally recasts our understanding of twentieth-century American history and demonstrates that all the key programs passed during the New Deal and Fair Deal era of the 1930s and 1940s were created in a deeply discriminatory manner. Through mechanisms designed by Southern Democrats that specifically excluded maids and farm workers, the gap between blacks and whites actually widened despite postwar prosperity. In the words of noted historian Eric Foner, Katznelson's incisive book should change the terms of debate about affirmative action, and about the last seventy years of American history. |
| for discrimination race affirmative action and the law: Affirmative Action in American Law Schools United States Commission on Civil Rights, 2007 A briefing before the United States Commission on Civil Rights, held in Washington, D.C., June 16, 2006. |
| for discrimination race affirmative action and the law: The Next Twenty-five Years David Lee Featherman, Marvin Krislov, Martin Hall, 2009-12-18 A penetrating exploration of affirmative action's continued place in 21st-century higher education, The Next Twenty-five Years assembles the viewpoints of some of the most influential scholars, educators, university leaders, and public officials. Its comparative essays range the political spectrum and debates in two nations to survey the legal, political, social, economic, and moral dimensions of affirmative action and its role in helping higher education contribute to a just, equitable, and vital society. David L. Featherman is Professor of Sociology and Psychology and Founding Director of the Center for Advancing Research and Solutions for Society at the University of Michigan. Martin Hall is Vice-Chancellor of the University of Salford, Greater Manchester, and previously was Deputy Vice- Chancellor at the University of Cape Town. Marvin Krislov is President of Oberlin College and previously was Vice President and General Counsel at the University of Michigan. |
| for discrimination race affirmative action and the law: Affirmative Discrimination Nathan Glazer, 1987 Should government try to remedy persistent racial and ethnic inequalities by establishing and enforcing quotas and other statistical goals? Here is one of the most incisive books ever written on this difficult issue. Nathan Glazer surveys the civil rights tradition in the United States; evaluates public policies in the areas of employment, education, and housing; and questions the judgment and wisdom of their underlying premises--their focus on group rights, rather than individual rights. Such policies, he argues, are ineffective, unnecessary, and politically destructive of harmonious relations among the races. Updated with a long, new introduction by the author, Affirmative Discrimination will enable citizens as well as scholars to better understand and evaluate public policies for achieving social justice in a multiethnic society. |
| for discrimination race affirmative action and the law: A Nation of Widening Opportunities Ellen D. Katz, Samuel R. Bagenstos, 2015 On October 11, 2013, a diverse group of civil rights scholars met at the University of Michigan Law School in Ann Arbor to assess the interpretation, development, and administration of civil rights law in the five decades since President Lyndon Baines Johnson signed the Civil Rights Act. In the volume that follows, readers will find edited versions of the papers that these scholars presented, enriched by our lively discussions at and after the conference. We hope that the essays in this volume will contribute to the continuing debates regarding the civil rights project in the United States and the world. |
| for discrimination race affirmative action and the law: The Realities of Affirmative Action in Employment Barbara F. Reskin, 1998 Explores discriminatory employment practices and job segregation and examines the effectiveness of affirmative action in combatting job discrimination. Identifies the most effective affirmative action practices and investigates their effects on women and minority groups and on other stakeholders. Discusses policy implications. |
| for discrimination race affirmative action and the law: Race and Representation Robert Post, Michael Paul Rogin, 1996 |
| for discrimination race affirmative action and the law: The Affirmative Action Hoax Steven Farron, 2005 Debates surrounding Affirmative Action, the public policies and initiatives designed to help eliminate past and present discrimination based on race, color, religion, sex, or national origin, have raged for years. In his book, Professor Farron examines the history of affirmative action and exposes the fraudulent nature of its justification. The Affirmative Action Hoax centers on universities where academic achievement can be clearly compared and where affirmative action generates intense controversy. The Affirmative Action Hoax offers an uninhibited examination of the practice and exposes the damage it causes to society. |
| for discrimination race affirmative action and the law: Color Lines John D. Skrentny, 2001-06 Nobody's Burden: Lessons on Old Age from the Great Depression is the first book-length study of the experience of old-age during the Great Depression. Part history, part social critique, the contributors rely on archival research, social history, narrative study and theoretical analysis to argue that Americans today, as in the past, need to rethink old-age policy and accept their shared responsibility for elder care. The Great Depression serves as the cultural backdrop to this argument, illustrating that during times of social and economic crisis, society's ageism and the limitations in old-age care become all the more apparent. At the core of the book are vivid stories of specific men and women who applied for old-age pensions from a private foundation in Detroit, Michigan, between 1927 and 1933. Most applicants who received pensions became life-long clients, and their lives were documented in great detail by social workers employed by the foundation. These stories raise issues that elders and their families face today: the desire for independence and autonomy; the importance of having a place of one's own, despite financial and physical dependence; the fears of being and becoming a burden to one's self and others; and the combined effects of ageism, racism, sexism and classism over the life course of individuals and families. Contributors focus in particular on issues of gender and aging, as the majority of clients were women over 60, and all of the case workers - among the first geriatric social workers in the country -- were women in their 20s and early 30s. Nobody's Burden is unique not only in content, but also in method and form. The contributors were members of an archival research group devoted to the study of these case files. Research was conducted collaboratively and involved scholars from the humanities (English, folklore) and the social sciences (anthropology, communications, gerontology, political science, social work, and sociology). |
| for discrimination race affirmative action and the law: We Won't Go Back Charles Lawrence, Mari J. Matsuda, 1997 Perhaps most striking is the human face of affirmative action today, which emerges radiantly from the stories gathered here. |
| for discrimination race affirmative action and the law: A History of Affirmative Action, 1619-2000 Philip F. Rubio, 2001 Publisher Fact Sheet Puts current debate in historical context. |
| for discrimination race affirmative action and the law: Affirmative Action for the Rich Richard D. Kahlenberg, 2012-03 The use of race-based affirmative action in higher education has given rise to hundreds of books and law review articles, numerous court decisions, and several state initiatives to ban the practice. However, surprisingly little has been said or written or done to challenge a larger, longstanding affirmative action program that tends to benefit wealthy whites: legacy preferences for the children of alumni. Affirmative Action for the Rich sketches the origins of legacy preferences, examines the philosophical issues they raise, outlines the extent of their use today, studies their impact on university fundraising, and reviews their implications for civil rights. In addition, the book outlines two new theories challenging the legality of legacy preferences, examines how a judge might review those claims, and assesses public policy options for curtailing alumni preferences. The book includes chapters by Michael Lind of the New America Foundation; Peter Schmidt of the Chronicle of Higher Education; former Wall Street Journal reporter Daniel Golden; Chad Coffman of Winnemac Consulting, attorney Tara O'Neil, and student Brian Starr; John Brittain of the University of the District of Columbia Law School and attorney Eric Bloom; Carlton Larson of the University of California--Davis School of Law; attorneys Steve Shadowen and Sozi Tulante; Sixth Circuit Court Judge Boyce F. Martin Jr. and attorney Donya Khalili; and education writer Peter Sacks. |
| for discrimination race affirmative action and the law: Measuring Racial Discrimination National Research Council, Division of Behavioral and Social Sciences and Education, Committee on National Statistics, Panel on Methods for Assessing Discrimination, 2004-07-24 Many racial and ethnic groups in the United States, including blacks, Hispanics, Asians, American Indians, and others, have historically faced severe discriminationâ€pervasive and open denial of civil, social, political, educational, and economic opportunities. Today, large differences among racial and ethnic groups continue to exist in employment, income and wealth, housing, education, criminal justice, health, and other areas. While many factors may contribute to such differences, their size and extent suggest that various forms of discriminatory treatment persist in U.S. society and serve to undercut the achievement of equal opportunity. Measuring Racial Discrimination considers the definition of race and racial discrimination, reviews the existing techniques used to measure racial discrimination, and identifies new tools and areas for future research. The book conducts a thorough evaluation of current methodologies for a wide range of circumstances in which racial discrimination may occur, and makes recommendations on how to better assess the presence and effects of discrimination. |
| for discrimination race affirmative action and the law: Wounds That Will Not Heal Russell K Nieli, 2012-11-20 Racial preference policies first came on the national scene as a response to black poverty and alienation in America as dramatically revealed in the destructive urban riots of the late 1960s. From the start, however, preference policies were controversial and were greeted by many, including many who had fought the good fight against segregation and Jim Crow to further a color-blind justice, with a sense of outrage and deep betrayal. In the more than forty years that preference policies have been with us little has changed in terms of public opinion, as polls indicate that a majority of Americans continue to oppose such policies, often with great intensity. In Wounds That Will Not Heal political theorist Russell K. Nieli surveys some of the more important social science research on racial preference policies over the past two decades, much of which, he shows, undermines the central claims of preference policy supporters. The mere fact that preference policies have to be referred to through an elaborate system of euphemisms and code words— affirmative action, diversity, goals and timetables, race sensitive admissions— tells us something, Nieli argues, about their widespread unpopularity, their tendency to reinforce negative stereotypes about their intended beneficiaries, and their incompatibility with core principles of American justice. Nieli concludes with an impassioned plea to refocus our public attention on the truly disadvantaged African American population in our nation's urban centers—the people for whom affirmative action policies were initially instituted but whose interests, Nieli charges, were soon forgotten as the fruits of the policies were hijacked by members of the black and Hispanic middle class. Few will be able to read this book without at least questioning the wisdom of our current race-based preference regime, which Nieli analyses with a penetrating gaze and an eye for cant that will leave few unmoved. |
| for discrimination race affirmative action and the law: The Michigan Affirmative Action Cases Barbara Ann Perry, 2007 A compelling look at the two closely-linked--and controversial--2003 Supreme Court decisions that revisited the practice and constitutionality of affirmative action at the college level. The result was a divided opinion that neither completely repudiated affirmative action nor completely condoned its practice. |
| for discrimination race affirmative action and the law: Affirmative Action Around the World Thomas Sowell, 2004-01-01 An eminent authority presents a new perspective on affirmative action in a provocative book that will stir fresh debate about this vitally important issue |
| for discrimination race affirmative action and the law: Protesting Affirmative Action Dennis Deslippe, 2012-03 In the process of balancing ideals of race and gender equality with competing notions of colorblindness and meritocracy, they even borrowed the language of the civil rights era to make far-reaching claims about equality, justice, and citizenship in their anti-affirmative action rhetoric. Deslippe traces this conflict through compelling case studies of real people and real jobs. He asks what the introduction of affirmative action meant to the careers and livelihoods of Seattle steelworkers, New York asbestos handlers, St. Louis firemen, Detroit policemen, City University of New York academics, and admissions councilors at the University of Washington Law School. Through their experiences, Deslippe examines the diverse reactions to affirmative action, concluding that workers had legitimate grievances against its hiring and promotion practices. |
| for discrimination race affirmative action and the law: The Tyranny of Good Intentions Paul Craig Roberts, Lawrence M. Stratton, 2008-03-25 A thousand years of legal protections against tyranny are being stolen right before our eyes. Under the guise of good intentions, personal liberties as old as the Magna Carta have become casualties in the wars being waged on pollution, drugs, white-collar crime, and all of the other real and imagined social ills. The result: innocent people caught up in a bureaucratic web that destroys lives and livelihoods; businesses shuttered because of victimless infractions; a justice system that values coerced pleas over the search for truth; bullying police agencies empowered to confiscate property without due process. A devastating indictment of our current system of justice. — Milton Friedman In this provocative book, Paul Craig Roberts and Lawrence M. Stratton show how the law, which once shielded us from the government, has now become a powerful weapon in the hands of overzealous prosecutors and bureaucrats. Lost is the foundation upon which our freedom rest—the intricate framework of Constitutional limits that protect our property, our liberty, and our lives. Roberts and Stratton convincingly argue that this abuse of government power doesn't have ideological boundaries. Indeed, conservatives and liberals alike use prosecutors, regulators, and courts to chase after their own favorite devils, to seek punishment over justice and expediency over freedom. The authors present harrowing accounts of people both rich and poor, of CEOs and blue-collar workers who have fallen victim to the tyranny of good intentions, who have lost possessions, careers, loved ones, and sometimes even their lives. This book is a sobering wake-up call to reclaim that which is rightly ours—liberty protected by the rule of law. |
| for discrimination race affirmative action and the law: Affirmative Action at Work Bron Raymond Taylor, 2010-11-23 Bron Taylor unites theoretical and applied social science to analyze a salient contemporary moral and political problem. Three decades after the passage of civil rights laws, criteria for hiring and promotion to redress past discrimination and the sensitive quota question are still unresolved issues. Taylor reviews the works of prominent social scientists and philosophers on the moral and legal principles underlying affirmative action, and examines them in light of his own empirical study. Using participant observation, in-depth interviewing, and a detailed questionnaire, he examines the attitudes of four groups in the California Department of Parks and Recreation: male and female, white and nonwhite workers. Because the department has implemented a strong program for ten years, its employees have had firsthand experience with affirmative action. Their views about the rights of minorities in the economy are often surprising. This work presents a comprehensive picture of the cross-pressures-the racial fears and antagonisms, the moral, ethical, and religious views about fairness and opportunity, the rigid ideas-that guide popular attitudes. |
| for discrimination race affirmative action and the law: The Persistence of the Color Line Randall Kennedy, 2012-04-17 A “provocative and richly insightful new book” (The New York Times Book Review) that gives us a shrewd and penetrating analysis of the complex relationship between the first black president and his African-American constituency. Renowned for his insightful, common-sense critiques of racial politics, Randall Kennedy now tackles such hot-button issues as the nature of racial opposition to Obama; whether Obama has a singular responsibility to African Americans; the differences in Obama’s presentation of himself to blacks and to whites; the challenges posed by the dream of a post-racial society; the increasing irrelevance of a certain kind of racial politics and its consequences; the complex symbolism of Obama’s achievement and his own obfuscations and evasions regarding racial justice. Eschewing the critical excesses of both the left and the right, Kennedy offers an incisive view of Obama’s triumphs and travails, his strengths and weaknesses, as they pertain to the troubled history of race in America. |
| for discrimination race affirmative action and the law: Race Law F. MICHAEL. HIGGINBOTHAM, 2020-08-05 |
| for discrimination race affirmative action and the law: Race, Rights, and the Asian American Experience Angelo N. Ancheta, 2006 In Race, Rights, and the Asian American Experience, Angelo N. Ancheta demonstrates how United States civil rights laws have been framed by a black-white model of race that typically ignores the experiences of other groups, including Asian Americans. When racial discourse is limited to antagonisms between black and white, Asian Americans often find themselves in a racial limbo, marginalized or unrecognized as full participants. A skillful mixture of legal theories, court cases, historical events, and personal insights, this revised edition brings fresh insights to U.S. civil rights from an Asian American perspective. |
| for discrimination race affirmative action and the law: Because of Our Success Kevin Dion Brown, 2014 When selective colleges, universities, and graduate programs instituted affirmative action policies in the 1960s, 99.4 percent of Americans were either black or white. Not only were interracial marriages between blacks and whites illegal in over twenty states, but very few blacks were involved in interracial sexual relationships. A person's race was determined by the application of the one-drop rule. Thus, mixed-race blacks were not allowed to self-identify their race. Rather, they were socially ascribed as black and, therefore, the concept of Black Multiracials did not exist. Also, less than one percent of blacks were foreign-born. As a result, one of the core assumptions upon which affirmative action was based was that the predominant ancestries of the beneficiaries would be children of two American-born black parents (Ascendant Blacks). However, Black Multiracials and foreign-born blacks and their children (Black Immigrants) now constitute a growing majority of the black students at many selective higher education programs. Further, the percentages of Black Multiracials and Black Immigrants among those blacks approaching college age are rapidly increasing. Thus, in an ironic twist of fate, America is ethnically cleansing from the campuses of its selective higher education institutions Ascendant Blacks. Not only were they the primary group that affirmative action policies were intended to benefit, but their ascendency out of slavery and segregation made possible the increases in mixed-race sexual relationships, Black Multiracials, foreign-born blacks, and Black Immigrants. This book discusses this ethnic cleansing of Ascendant Blacks and its implications for American society, and suggests possible ways to address the problem. Professor Brown's thoughtful and scholarly study comprehensively analyzes a complex subject with variables that are widely misunderstood or ignored. It sets out to navigate sensitive and difficult terrain, noting distinctions between 'Ascendant Blacks,' 'Black Multiracials,' and 'Black Immigrants.' -- Theodore Shaw, Former Director-Counsel and President of the NAACP Legal Defense and Educational Fund, Inc., and Julius Chambers Distinguished Professor of Law and Director of the Center for Civil Rights at the University of North Carolina School of Law Kevin Brown's thought-provoking analysis of black America's changing ethnic landscape sheds much-needed light on a rising conundrum and is a tolling of the bell, especially for Ascendant Blacks who must effectively continue the 55-year affirmative action struggle in order to preserve for their children already elusive, steadily evaporating, but life-defining educational opportunity. -- Dennis Courtland Hayes, Esq., Former NAACP, Inc., Interim President & CEO, Corporation Secretary, Senior Vice President, and General Counsel Admissions officers and university administrators should consider the argument Professor Brown is making and the statistics he cites showing affirmative action policies are not serving Ascendant Blacks. -- Dennis Shields, Chancellor, University of Wisconsin-Platteville and Former Director of Admissions, the University of Michigan Law School |
| for discrimination race affirmative action and the law: Intelligence, Genes, and Success Bernie Devlin, Stephen E. Fienberg, Daniel P. Resnick, Kathryn Roeder, 1997-08-07 A scientific response to the best-selling The Bell Curve which set off a hailstorm of controversy upon its publication in 1994. Much of the public reaction to the book was polemic and failed to analyse the details of the science and validity of the statistical arguments underlying the books conclusion. Here, at last, social scientists and statisticians reply to The Bell Curve and its conclusions about IQ, genetics and social outcomes. |
Discrimination: What it is and how to cope
Oct 31, 2019 · Often, discrimination stems from fear and misunderstanding. Stress and health. Discrimination is a public health issue. Research has found that the experience of …
Racism, bias, and discrimination - American Psychological …
Discrimination is usually the behavioral manifestation of prejudice and therefore involves negative, hostile, and injurious treatment of the members of rejected groups. Racism is a form of …
Discussing discrimination - American Psychological Association …
Gwendolyn Keita, PhD, executive director of APA’s Public Interest Directorate discusses how and why to put discrimination on the conversation agenda. According to psychological research, …
Exploring the cause and effects of subtle discrimination
Oct 1, 2020 · While this study shows that subtle discrimination persists, other research by Hebl suggests that laws preventing overt discrimination can tamp down subtle discrimination as …
Scientific research illuminating the mental health impacts of …
Nov 1, 2024 · A study in JAMA Network Open suggests that racial discrimination can trigger depression and anxiety in some Black adolescents. Researchers asked 1,596 Black …
Discrimination linked to increased stress, poorer health
The survey, which was conducted online by Harris Poll on behalf of APA among 3,361 adults in August 2015, found that nearly seven in 10 adults in the U.S. report having experienced …
The Impact of Discrimination - American Psychological …
A wealth of psychological research shows that discrimination can exacerbate stress. Moreover, discrimination-related stress is linked to mental health issues, such as anxiety and depression, …
Ageism is one of the last socially acceptable prejudices.
Mar 1, 2023 · Ageism is defined as discrimination against older people because of negative and inaccurate stereotypes—and it’s so ingrained in our culture that we often don’t even notice. …
Talking to kids about discrimination
All children can benefit from talking openly about diversity and bias. But for kids in groups more likely to be a target of discrimination, such conversations can be even more critical. Perceived …
STRESS IN AMERICA THEIMPACT - American …
Perceived discrimination, race and health in South Africa: Findings from the South Africa Stress and Health Study. Social Science and Medicine, (67), 441–452. LGBT DEFINITION Using the …
Discrimination: What it is and how to cope
Oct 31, 2019 · Often, discrimination stems from fear and misunderstanding. Stress and health. Discrimination is a public health issue. Research has …
Racism, bias, and discrimination - American Psy…
Discrimination is usually the behavioral manifestation of prejudice and therefore involves negative, hostile, and injurious treatment of the members …
Discussing discrimination - American Psychological Assoc…
Gwendolyn Keita, PhD, executive director of APA’s Public Interest Directorate discusses how and why to put discrimination on the …
Exploring the cause and effects of subtle discrimination
Oct 1, 2020 · While this study shows that subtle discrimination persists, other research by Hebl suggests that laws preventing overt discrimination …
Scientific research illuminating the mental health impacts of …
Nov 1, 2024 · A study in JAMA Network Open suggests that racial discrimination can trigger depression and anxiety in some Black …
