The Law Of Affirmative Action
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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
For Discrimination
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Author : Randall Kennedy
language : en
Publisher: Vintage
Release Date : 2013-09-03
For Discrimination written by Randall Kennedy and has been published by Vintage this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-03 with Social Science categories.
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.
The Law Of Affirmative Action
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Author : Girardeau A. Spann
language : en
Publisher: NYU Press
Release Date : 2000
The Law Of Affirmative Action written by Girardeau A. Spann and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Affirmative action programs categories.
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.
Affirmative Action And The Law
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Author : Erica Howard
language : en
Publisher: Routledge
Release Date : 2020-09-24
Affirmative Action And The Law written by Erica Howard and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-24 with Law categories.
Affirmative Action and the Law analyses the practical application of affirmative action measures and their efficacy in achieving substantive equality through the lenses of the United Nations human rights machinery and the legal regime and policies implemented in China, India, Central and South America, South Africa and the United Kingdom. The product of a joint research project involving academics from the Brazil, Chile, Mexico, India, Spain and the United Kingdom, the findings identify and reflect on trends emerging from State practice across the world in eradicating structural inequality through special measures for certain designated groups. The book seeks to provide a coherent and systematic approach to the analysis of special measures in the targeted countries. It also comprises two case-studies with in-depth insights on gender diversity on the boards of public listed companies in the UK and the European Union and the access of persons with disabilities to higher education in Brazil. The book will be a valuable resource for students and academics in the field of human rights, law, sociology and politics. It will also provide a source of good practice for states and policy makers in the framing of responses to increased inequality at national and international level; and for civil society actors seeking to explore meaningful interaction with a highly controversial topic in society.
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.
Mismatch
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Author : Richard Sander
language : en
Publisher: Hachette UK
Release Date : 2012-10-09
Mismatch written by Richard Sander and has been published by Hachette UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-09 with Law categories.
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.
Equality And Transparency
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Author : D. Sabbagh
language : en
Publisher: Springer
Release Date : 2007-08-20
Equality And Transparency written by D. Sabbagh and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-08-20 with Political Science categories.
Can affirmative action policies be convincingly justified? And how have they been legitimized over time? In a pluridisciplinary perspective at the intersection of political theory and the sociology of law, Daniel Sabbagh criticizes the two prevailing justifications put forward in favor of affirmative action: the corrective justice argument and the diversity argument.He defends the policy instead as an instrument designed to bring about the deracialization of American society. In this respect, however, affirmative action requires a measure of dissimulation in order to succeed.Equality and Transparency explains why this is so and provides a new interpretation of the strategic component in the Supreme Court's case law while identifying some of its most remarkable side effects.
Up Against The Law
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Author : Lincoln Caplan
language : en
Publisher: Twentieth Century Foundation
Release Date : 1997
Up Against The Law written by Lincoln Caplan and has been published by Twentieth Century Foundation this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Business & Economics categories.
Caplan explores the evolution of affirmative action law by the Supreme Court and demonstrates how this evolution is fundamentally at odds with the way that affirmative action has developed throughout America.
Affirmative Action Right To Education And Allied Indian Laws
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Author : Shubham Raj
language : en
Publisher: GRIN Verlag
Release Date : 2017-09-27
Affirmative Action Right To Education And Allied Indian Laws written by Shubham Raj and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-27 with Law categories.
Seminar paper from the year 2016 in the subject Law - Public Law / Constitutional Law / Basic Rights, Damodaram Sanjivayya National Law University, language: English, abstract: Whenever the term “Affirmative action” is used, it is understood that what is being referred to is ‘positive discrimination’ or ‘reservation’, in simplest of the meanings. If one goes by its general meaning, it would mean any act done in furtherance of “fair treatment”. And with the present large awakening era our country is going through, it is time for the meaning of affirmative action to be widened and not be confined only to ‘reservation’. Affirmative action is every step taken, every action done and every statute enacted enabling every underprivileged, prejudiced, deprived person belonging to a minority group or the like, to stand equally. And, especially in case of affirmative action in education, not only shall these actions fall under the definition of ‘affirmative action’ but should also include the duties and roles of the students, parents, teachers and of society as a whole discharged in order to achieve “education for all”, as aimed for by the UNESCO. It is affirmative action when the poor family sends its ward to the nearest school for education instead of forcing him/her to get engaged with the family business. It is affirmative action when a child struggles with his parents for permission to let him go to the school, it is affirmative action when a teacher finds joy in imparting education to the children and the society encourages the school going children and the education.
The Constitutional Logic Of Affirmative Action
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Author : Ronald J. Fiscus
language : en
Publisher: Duke University Press
Release Date : 1992-01-30
The Constitutional Logic Of Affirmative Action written by Ronald J. Fiscus and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-01-30 with Political Science categories.
Few issues are as mired in rhetoric and controversy as affirmative action. This is certainly no less true now as when Ronald J. Fiscus’s The Constitutional Logic of Affirmative Action was first published in 1992. The controversy has, perhaps, become more charged over the past few years. With this compelling and rigorously reasoned argument for a constitutional rationale of affirmative action, Fiscus clarifies the moral and legal ramifications of this complex subject and presents an important view in the context of the ongoing debate. Beginning with a distinction drawn between principles of compensatory and distributive justice, Fiscus argues that the former, although often the basis for judgments made in individual discrimination cases, cannot sufficiently justify broad programs of affirmative action. Only a theory of distributive justice, one that assumes minorities have a right to what they would have gained proportionally in a nonracist society, can persuasively provide that justification. On this basis, the author argues in favor of proportional racial quotas—and challenges the charge of “reverse discrimination” raised in protest in the name of the “innocent victims” of affirmative action—as an action necessary to approach the goals of fairness and equality. The Constitutional Logic of Affirmative Action focuses on Supreme Court affirmative action rulings from Bakke (1976) to Croson (1989) and includes an epilogue by editor Stephen L. Wasby that considers developments through 1995. General readers concerned with racial justice, affirmative action, and public policy, as well as legal specialists and constitutional scholars will find Fiscus’s argument passionate, balanced, and persuasive.
