Affirmative Action And Equal Protection
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Affirmative Action And Equal Protection
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution
language : en
Publisher:
Release Date : 1983
Affirmative Action And Equal Protection written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Affirmative action programs categories.
Affirmative Action And Equal Protection In Higher Education
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Author : Congressional Research Service
language : en
Publisher: Independently Published
Release Date : 2019-02-02
Affirmative Action And Equal Protection In Higher Education written by Congressional Research Service and has been published by Independently Published this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-02 with Political Science categories.
When federal courts have analyzed and addressed "affirmative action" in higher education, they have done so in two distinct but related senses, both under the Fourteenth Amendment's guarantee of "equal protection." The first has its roots in the original sense of "affirmative action: " the mandatory use of race by public education systems to eliminate the remnants of state-imposed racial segregation. Because state-sanctioned race segregation in public education violates the Fourteenth Amendment's Equal Protection Clause, in certain cases involving a state's formerly de jure segregated public university system, a state's consideration of race in its higher education policies and practices may be an affirmative obligation. As the U.S. Supreme Court explained in its consequential 1992 decision United States v. Fordice, equal protection may require states that formerly maintained de jure segregated university systems to consider race for the purpose of eliminating all vestiges of their prior "dual" systems. Drawing upon its precedent addressing racially segregated public schools in the K-12 context, the Court established a three-part legal standard in Fordice for evaluating the sufficiency and effectiveness of a state's efforts in "dismantl[ing]" its formerly de jure segregated public university system. To that remedial end, mandatory race-conscious measures-in this de jure context-are not limited to admissions. Instead, remedies may also address policies and practices relating to academic programs, institutional missions, funding, and other aspects of public university operations. Outside this de jure context, "affirmative action" has come to refer to a different category of race-conscious policies. These involve what the Court at one time called the "benign" use of racial classifications-voluntary measures designed not to remedy past de jure discrimination, but to help racial minorities overcome the effects of their earlier exclusion. And for institutions of higher education, the Court has addressed one type of affirmative action policy in particular: the use of race as a factor in admissions decisions, a practice now widely observed by both public and private colleges and universities. The federal courts have come to subject these voluntary race-conscious policies-"affirmative action" in its perhaps more familiar sense-to a particularly searching form of review known as strict scrutiny. And even though this heightened judicial scrutiny has long been regarded as strict in theory but fatal in fact, the Court's review of race-conscious admissions policies in higher education has proved a notable exception, with the Court having twice upheld universities' use of race as one of many factors considered when assembling their incoming classes. The Court has long grappled with this seeming tension-between the strictness of its scrutiny and its approval of race-conscious admissions policies-beginning with its landmark 1978 decision in Regents of the University of California v. Bakke through its 2016 decision in Fisher v. University of Texas. Though the Equal Protection Clause generally concerns public universities and their constitutional obligations under the Fourteenth Amendment, federal statutory law also plays a role in ensuring equal protection in higher education. To that end, Title VI of the Civil Rights Act of 1964 prohibits recipients of federal funding-including private colleges and universities-from, at a minimum, discriminating against students and applicants in a manner that would violate the Equal Protection Clause. Federal agencies, including the Departments of Justice and Education, investigate and administratively enforce institutions' compliance with Title VI.
Equality Affirmative Action And Justice
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Author : Johan Rabe
language : en
Publisher: BoD – Books on Demand
Release Date : 2001
Equality Affirmative Action And Justice written by Johan Rabe and has been published by BoD – Books on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Affirmative action programs categories.
Affirmative Action
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Author : Mary-Lane Kamberg
language : en
Publisher: The Rosen Publishing Group, Inc
Release Date : 2014-07-15
Affirmative Action written by Mary-Lane Kamberg and has been published by The Rosen Publishing Group, Inc this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-15 with Juvenile Nonfiction categories.
Since the 1960s, the United States government has issued executive orders and passed legislation aimed at achieving fair workplace hiring practices. Critics maintain that, in an attempt to ameliorate past injustices, the government has gone too far by practicing affirmative action--what opponents call "reverse discrimination." Students can use this book as a guide to the history of affirmative action, crucial moments in the timeline of this cause, and a better understanding of what affirmative actions practices may mean for the future.
Constitutional Law
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Author : Louis Michael Seidman
language : en
Publisher:
Release Date : 2003
Constitutional Law written by Louis Michael Seidman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Civil rights categories.
This volume provides a brief, but comprehensive, analysis of the doctrine and theory that glosses the Constitutionâe(tm)s guarantee of equal protection. Topics covered include an analysis of rational basis review, an explanation of the difference between heightened scrutiny for fundamental rights and substantive protection of those rights, an analysis of the role of âeoepurposeâe and âeoeeffectâe in equal protection doctrine, and discussions of gender discrimination and affirmative action.
Affirmative Action
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Author : Julio Faúndez
language : en
Publisher: International Labour Organization
Release Date : 1994
Affirmative Action written by Julio Faúndez and has been published by International Labour Organization this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Affirmative action programs categories.
C. Goals and timetables
Affirmative Action And Equal Protection In Higher Education
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Author : Christine J. Back
language : en
Publisher:
Release Date : 2019
Affirmative Action And Equal Protection In Higher Education written by Christine J. Back and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Affirmative action programs categories.
Affirmative Action Policies And Judicial Review Worldwide
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Author : George Gerapetritis
language : en
Publisher: Springer
Release Date : 2015-08-03
Affirmative Action Policies And Judicial Review Worldwide written by George Gerapetritis and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-03 with Law categories.
This book discusses affirmative action or positive discrimination, defined as measures awarding privileges to certain groups that have historically suffered discrimination or have been underrepresented in specific social sectors. The book’s underlying rationale is that one cannot place at the same starting point people who have been treated differently in the past because in this way one merely perpetuates a state of difference and, in turn, social gaps are exaggerated and social cohesion is endangered. Starting out with an introduction on the meaning and typology of affirmative action policies, the book goes on to emphasise the interaction of affirmative action with traditional values of liberal state, such as equality, meritocracy, democracy, justice, liberalism and socialism. It reveals the affirmative action goals from a legal and sociological point of view, examining the remedial, cultural, societal, pedagogical and economy purposes of such action. After applying an institutional narrative of the implementation of affirmative action worldwide, the book explains the jurisprudence on the issue through syntheses and antitheses of structural and material variables, such as the institutional recognition of the policies, the domains of their implementation and their beneficiaries. The book eventually makes an analytical impact assessment following the implementation of affirmative action plans and the judicial response, especially in relation to the conventional human rights doctrine, by establishing a liaison between affirmative action and social and group rights.. The book applies a multi-disciplinary and comparative methodology in order to assess the ethical standing of affirmative action policies, the public interests involved and their effectiveness towards actual equality. In the light of the above analysis, the monograph explains the arguments considering affirmative action as a theology for substantive equality and the arguments treating this policy as anathema for liberalism. A universal discussion currently at its peak.
Sex Race And Merit
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Author : Faye J. Crosby
language : en
Publisher: University of Michigan Press
Release Date : 2000
Sex Race And Merit written by Faye J. Crosby and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Business & Economics categories.
Traces the history of this divisive national issue, as reflected in the writings of key opinion makers and in public documents
Briefing Paper For The U S Commission On Civil Rights
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Author :
language : en
Publisher:
Release Date : 1995
Briefing Paper For The U S Commission On Civil Rights written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Affirmative action programs categories.