The Michigan Affirmative Action Cases

Author: Barbara Ann Perry
Publisher: Univ Pr of Kansas
ISBN:
Size: 74.20 MB
Format: PDF, Docs
View: 4673
Download Read Online
In its controversial Bakke decision of 1978, the Supreme Court upheld racial and ethnic diversity in university admissions--but it was not to be the last word on the matter. When Jennifer Gratz and Barbara Grutter challenged the University of Michigan's admission policies because they were passed over in favor of ostensibly less-qualified minority applicants, the Court was once again compelled to address affirmative action. Barbara Perry takes readers behind the scenes to tell the riveting story of how the two rejected applicants allied with conservative interest groups in an attempt to overturn affirmative action programs in higher education--and how in a 5-4 decision Justice Sandra Day O'Connor provided the decisive vote reaffirming Bakke. While the plaintiffs argued that their rights to equal protection under the Fourteenth Amendment and Title VI of the Civil Rights Act had been violated, the Court in 2003 disagreed and upheld the constitutionality of affirmative action, citing the goal of diversity as a legitimate state interest but also making it clear that there were limits to that interest and the policies to implement it. Drawing on interviews with key figures in the litigation, Perry follows the twists and turns of the district and appellate cases, then reveals the inside story of how Justice O'Connor joined her liberal colleagues to uphold the use of race in university admissions and thereby establish an important new precedent. Perry provides a play-by-play account of the dramatic oral arguments before the Court, explains how the Court's decisions emerged, and reveals how Justice O'Connor's personal, professional, and judicial background brought her to that pivotal moment inlegal history. As Perry shows, the Supreme Court's decisions frustrated both conservatives and civil rights advocates, who continue to battle each other when anti-affirmative action initiatives appear on state ballots. Her compelling study helps us understand why affirmative action remains one of our most hotly contested issues.

Affirmative Action On Trial

Author: Melvin I. Urofsky
Publisher: Univ Pr of Kansas
ISBN:
Size: 33.88 MB
Format: PDF, ePub, Docs
View: 1394
Download Read Online
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

Naked Racial Preference

Author: Carl Cohen
Publisher: Madison Books
ISBN: 1461704219
Size: 65.91 MB
Format: PDF, Mobi
View: 3416
Download Read Online
From landmark court cases on affirmative action to their consequences, a study on why such preferences are morally wrong, unlawful, and indefensible.

The Case For Affirmative Action On Campus

Author: Eboni M. Zamani-Gallaher
Publisher: Stylus Publishing, LLC.
ISBN: 1579221033
Size: 60.63 MB
Format: PDF, Kindle
View: 7019
Download Read Online
Why is affirmative action under attack? What were the policys original purposes, and have they been achieved? What are the arguments being arrayed against it? Andfor all stakeholders concerned about equity and diversity on campus whats the way forward, politically, legally and practically? This book engages all these issues.

Affirmative Action

Author: A. M. Babkina
Publisher: Nova Publishers
ISBN: 9781590335703
Size: 38.62 MB
Format: PDF, Kindle
View: 687
Download Read Online
Affirmative Action is one of the most controversial issues of our times. Proponents on both sides of the issue claim clear-cut evidence for the rightness of their arguments, yet evidence is hazy at best. This new guide to the literature presents hundreds descriptions of books, reports and articles dealing with all aspects of affirmative action including: race relations; economic aspects, reverse discrimination; preferences; affirmative action programs; public opinion; court decisions; education, and many more. Complete title, author and subject indexes are provided.

Thurgood Marshall

Author: Charles L. Zelden
Publisher: Routledge
ISBN: 113617494X
Size: 40.55 MB
Format: PDF
View: 1898
Download Read Online
Thurgood Marshall was an Associate Justice of the US Supreme Court from 1967 to 1991. He was the first African American to hold that position, and was one of the most influential legal actors of his time. Before being appointed to the Supreme Court by President Lyndon Johnson, Marshall was a lawyer for the National Association for the Advancement of Colored People (NAACP), Federal Judge (1961-1965), and Solicitor General of the United States (1965-1966). Marshall won twenty-nine of thirty-two cases before the Supreme Court – most notably the landmark case of Brown v. Board of Education, which held segregated public schools unconstitutional. Marshall spent his career fighting racial segregation and legal inequality, and his time on the court establishing a record for supporting the "voiceless American." He left a legacy of change that still affects American society today. Through this concise biography, accompanied by primary sources that present Marshall in his own words, students will learn what Marshall did (and did not do) during his life, why those actions were important, and what effects his efforts had on the larger course of American history.

The Slaughterhouse Cases

Author: Ronald M. Labbé
Publisher:
ISBN: 9780700614097
Size: 67.57 MB
Format: PDF, Kindle
View: 1734
Download Read Online
While ruling that Louisiana had legitimately exercised its powers, the Court's majority went much further to declare that the amendment - and its "due process" and "equal protection" clauses - applied exclusively to the plight of former slaves and, thus, were unavailable to any other American."--BOOK JACKET.

Understanding Affirmative Action

Author: J. Edward Kellough
Publisher:
ISBN: 9781589010895
Size: 27.55 MB
Format: PDF, Kindle
View: 3989
Download Read Online
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.

Realizing Bakke S Legacy

Author: Patricia Mar¡n (Ph. D.)
Publisher: Stylus Publishing, LLC.
ISBN: 1579222684
Size: 29.13 MB
Format: PDF, Docs
View: 4955
Download Read Online
* How has Bakke shaped our understanding of race, access to education, and affirmative action? * Will Bakke remain relevant for the future, legally and politically? * Can we use Bakke to re-envision affirmative action in higher education? Published to mark the 30th anniversary of the Supreme Court's Bakke decision, this book explores the complex set of legal and educational policy circumstances established by this historic court decision that continues to simultaneously frame, narrow, and confound our understanding of affirmative action in higher education specifically, and issues of equity in education broadly. By "upholding Bakke," the Supreme Court, in its Gratz and Grutter opinions, maintained its centrality in the on-going argument about access to higher education. However, this validation of racial and ethnic diversity as a legally compelling interest did not silence the multiplicity of voices debating the consequences and fundamental issues of Bakke. Multi-disciplinary in approach and multi-racial in content, this book represents that kaleidoscope of voices and opinions. The contributors include scholars of national stature in the areas of access and equity in education. The book is guided by three frames: Bakke's legal and philosophical lineage; the educational pipeline -- past, present, and future; and policy and practice. It begins with an historical analysis of the legal and policy parameters of the decision and highlights the legal and social fissures that exist related to affirmative action and college admissions. It discusses in detail the philosophical underpinnings of affirmative action as a catalyst for reaping the benefits of diversity. The book also reviews Bakke's broader influences on K-12 and postsecondary politics, and practices across institutional, state, and national levels. As racial divisions in the country are sharpening and as educational outcomes continue to be directly related to race and poverty, this volume will help inform the discussions and decisions by federal and state policy-makers, educational providers, civil rights advocates and other interested stakeholders to bring about the changes that lead to equal opportunity.