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Understanding Affirmative Action

Author: J. Edward Kellough
Publisher:
ISBN: 9781589010895
Size: 55.77 MB
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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.

Affirmative Action On Trial

Author: Melvin I. Urofsky
Publisher: Univ Pr of Kansas
ISBN:
Size: 61.27 MB
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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.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 case details 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 were both ultimately caught tip in legal and social issues that reached well beyond their ownlives.Affirmative Action on Trial pointedly addresses the issue of sex discrimination and the broader controversy over the place of affirmative action in American society. While it's hard to determine the likely future of aff

The Pursuit Of Fairness

Author: Terry H. Anderson
Publisher: Oxford University Press
ISBN: 9780198035831
Size: 23.86 MB
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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.

The Affirmative Action Debate

Author: George E. Curry
Publisher: Basic Books
ISBN:
Size: 50.81 MB
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Politicians, executives, lawyers, and social researchers discuss affirmative action policies, their benefits and problems, and alternative solutions to discrimination

Affirmative Action

Author: Tim J. Wise
Publisher: Routledge
ISBN: 1136078428
Size: 41.89 MB
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Affirmative Action examines the larger structure of institutional white privilege in education, and compares the magnitude of white racial preference with the policies typically envisioned when the term "racial preference" is used. In doing so, the book demonstrates that the American system of education is both a reflection of and a contributor to a structure of institutionalized racism and racial preference for the dominant majority.

Equality Transformed

Author: Herman Belz
Publisher: Transaction Publishers
ISBN: 9781412822695
Size: 14.13 MB
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A quarter-century after the enactment of the 1964 Civil Rights Act, its legacy remains controversial. The statutory language intended to ensure equal opportunity to all individuals is now interpreted as authorizing both public and private employers to adopt preferential policies that benefit designated groups based on race and gender. Much the same transformation has occurred in federal contract programs: President Kennedy's executive order that required equal employment opportunity is now understood as mandating minority hiring with numerical goals tantamount to quotas. Herman Belz's "Equality Transformed: A Quarter-Century of Affirmative Action "traces this transformation of equality and how it was brought about by courts, regulatory agencies, and activists. The early champions of civil rights sought to eradicate impediments to advancement for the downtrodden; the ultimate aim was to create a truly colorblind society. Over the years, this goal, while still professed, became even more elusive. Preferences, goals, and timetables - "temporary" means for the attainment of a nondiscriminatory society - seemed to undermine that noble quest. "Equality Transformed "provides a textured history of affirmative action and its effects upon race relations and our democratic, egalitarian ideals. In recent years, under the impetus of the Reagan Justice Department, the Supreme Court has backed away, however hesitantly, from its earlier sympathy towards race-conscious remedies and preferential treatment. Belz's analysis of recent Supreme Court cases and their antecedents allows us to better understand both the tensions in our society and the fury that the Court has triggered with its recent civil rights pronouncements. Belz makes a strong case for hewing to a forward-looking rather than a backward-looking approach to eradicating discrimination. Anyone interested in the history, law, theory, or morality of affirmative action in employment will find "Equality Transformed "invaluable.

Affirmative Action And Justice

Author: Michel Rosenfeld
Publisher: Yale University Press
ISBN: 9780300055085
Size: 50.17 MB
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A comprehensive discussion of both the interpretive and critical issues central to the question of whether affirmative action programs are constitutional. Michel Rosenfeld presents a new theory that strongly defends the justice of affirmative action from the standpoint of both philosophy and constitutional law.

Naked Racial Preference

Author: Carl Cohen
Publisher: Madison Books
ISBN: 1461704219
Size: 66.88 MB
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From landmark court cases on affirmative action to their consequences, a study on why such preferences are morally wrong, unlawful, and indefensible.