Affirmative Action on Trial

Affirmative Action on Trial PDF Author: Melvin I. Urofsky
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 224

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Book Description
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.

Affirmative Action on Trial

Affirmative Action on Trial PDF Author: Melvin I. Urofsky
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 224

Get Book Here

Book Description
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.

The Bakke Case

The Bakke Case PDF Author: Rebecca Stefoff
Publisher: Marshall Cavendish
ISBN: 9780761419396
Category : Business & Economics
Languages : en
Pages : 148

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Book Description
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.

Regents of the University of California V. Bakke

Regents of the University of California V. Bakke PDF Author: Tim McNeese
Publisher: Infobase Publishing
ISBN: 1438103417
Category : Affirmative action programs in education
Languages : en
Pages : 153

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Book Description
Regents of the University of California v. Bakke familiarizes students with the landmark Supreme Court case that addressed the issue of affirmative action. In 1973 and 1974, Allan Bakke, a white male, was denied admission to the medical school at the University of California in Davis, despite being well qualified. Bakke filed suit, claiming racial discrimination. In a closely divided 1978 decision, the Supreme Court upheld the constitutionality of programs giving advantage to minorities, but denied quota systems in college admissions. They ruled the UC medical school had, by maintaining a 16-percent minority quota, discriminated against Bakke. Allan Bakke was later admitted to the school, and graduated in 1992. Here, Professor Tim McNeese, who is also a consulting historian for the History Channel's Risk Takers, History Makers series, explains affirmative action and the background behind this lawsuit, as well as the controversy caused by the Court's decision.

The Death of Affirmative Action

The Death of Affirmative Action PDF Author: Carter, J. Scott
Publisher: Policy Press
ISBN: 1529201136
Category : Social Science
Languages : en
Pages : 216

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Book Description
Affirmative action in US college admissions have inspired fierce debate and several US Supreme Court cases. In this significant study, leading US professors J. Scott Carter and Cameron D. Lippard provide an in-depth examination of the issue using sociological, policy and legal perspectives to frame both pro- and anti-affirmative action arguments, within past and present Supreme Court cases. With affirmative action policy under constant attack, this is an urgent addition not only to explain the state of this policy but also to further deconstruct the current state of race and racism in American society.

The Case for Affirmative Action on Campus

The Case for Affirmative Action on Campus PDF Author: Eboni M. Zamani-Gallaher
Publisher: Taylor & Francis
ISBN: 1000971171
Category : Education
Languages : en
Pages : 303

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Book Description
* Marshalls the arguments for affirmative action* Offers strategies for actionWhy is affirmative action under attack? What were the policy’s original purposes, and have they been achieved? What are the arguments being arrayed against it? And–for all stakeholders concerned about equity and diversity on campus–what’s the way forward, politically, legally, and practically?The authors explore the historical context, the philosophical and legal foundations of affirmative action, present contemporary attitudes to the issue on and off campus, and uncover the tactics and arguments of its opponents. They conclude by offering strategies to counter the erosion of affirmative action, change the basis of the discourse, and coordinate institutional support to foster inclusive college environments and multi-ethnic campus communities.This book analyzes the ideological and legal construction of colorblind legislation that has led to the de facto exclusion of people of color from institutions of higher education. It addresses the role of the courts in affecting affirmative action in higher education as a workplace and place of study. It documents the under-representation of collegians of color and presents research on student opinion on race-based policies at two- and four-year institutions. It details the pervasiveness of the affirmative action debate across educational sectors and the status of race among myriad factors considered in college admissions. Finally, it considers affirmative action as a pipeline issue and in the light of educational policy.

Affirmative Action and Racial Equity

Affirmative Action and Racial Equity PDF Author: Uma M. Jayakumar
Publisher: Routledge
ISBN: 1317664655
Category : Education
Languages : en
Pages : 235

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Book Description
The highly anticipated U.S. Supreme Court decision in Fisher v. University of Texas placed a greater onus on higher education institutions to provide evidence supporting the need for affirmative action policies on their respective campuses. It is now more critical than ever that institutional leaders and scholars understand the evidence in support of race consideration in admissions as well as the challenges of the post-Fisher landscape. This important volume shares information documented for the Fisher case and provides empirical evidence to help inform scholarly conversation and institutions’ decisions regarding race-conscious practices in higher education. With contributions from scholars and experts involved in the Fisher case, this edited volume documents and shares lessons learned from the collaborative efforts of the social science, educational, and legal communities. Affirmative Action and Racial Equity is a critical resource for higher education scholars and administrators to understand the nuances of the affirmative action legal debate and to identify the challenges and potential strategies toward racial equity and inclusion moving forward.

The Loneliest Americans

The Loneliest Americans PDF Author: Jay Caspian Kang
Publisher: Crown
ISBN: 0525576231
Category : Biography & Autobiography
Languages : en
Pages : 289

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Book Description
A “provocative and sweeping” (Time) blend of family history and original reportage that explores—and reimagines—Asian American identity in a Black and white world “[Kang’s] exploration of class and identity among Asian Americans will be talked about for years to come.”—Jennifer Szalai, The New York Times Book Review (Editors’ Choice) ONE OF THE BEST BOOKS OF THE YEAR: Time, NPR, Mother Jones In 1965, a new immigration law lifted a century of restrictions against Asian immigrants to the United States. Nobody, including the lawmakers who passed the bill, expected it to transform the country’s demographics. But over the next four decades, millions arrived, including Jay Caspian Kang’s parents, grandparents, aunts, and uncles. They came with almost no understanding of their new home, much less the history of “Asian America” that was supposed to define them. The Loneliest Americans is the unforgettable story of Kang and his family as they move from a housing project in Cambridge to an idyllic college town in the South and eventually to the West Coast. Their story unfolds against the backdrop of a rapidly expanding Asian America, as millions more immigrants, many of them working-class or undocumented, stream into the country. At the same time, upwardly mobile urban professionals have struggled to reconcile their parents’ assimilationist goals with membership in a multicultural elite—all while trying to carve out a new kind of belonging for their own children, who are neither white nor truly “people of color.” Kang recognizes this existential loneliness in himself and in other Asian Americans who try to locate themselves in the country’s racial binary. There are the businessmen turning Flushing into a center of immigrant wealth; the casualties of the Los Angeles riots; the impoverished parents in New York City who believe that admission to the city’s exam schools is the only way out; the men’s right’s activists on Reddit ranting about intermarriage; and the handful of protesters who show up at Black Lives Matter rallies holding “Yellow Peril Supports Black Power” signs. Kang’s exquisitely crafted book brings these lonely parallel climbers together and calls for a new immigrant solidarity—one rooted not in bubble tea and elite college admissions but in the struggles of refugees and the working class.

The Law of Affirmative Action

The Law of Affirmative Action PDF Author: Girardeau A. Spann
Publisher: NYU Press
ISBN: 0814783937
Category : Law
Languages : en
Pages : 562

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Book Description
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.

Racism and Justice

Racism and Justice PDF Author: Gertrude Ezorsky
Publisher: Cornell University Press
ISBN: 1501724037
Category : Social Science
Languages : en
Pages : 155

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Book Description
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.

Ending Affirmative Action

Ending Affirmative Action PDF Author: Terry Eastland
Publisher: Basic Books
ISBN: 9780465013883
Category : History
Languages : en
Pages : 250

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Book Description
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.