Affirmative Action On Trial
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Author | : Melvin I. Urofsky |
Publisher | : |
Total Pages | : 224 |
Release | : 1997 |
Genre | : Law |
ISBN | : |
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.
Author | : Thomas Sowell |
Publisher | : Yale University Press |
Total Pages | : 258 |
Release | : 2004-01-01 |
Genre | : Political Science |
ISBN | : 9780300107753 |
An eminent authority presents a new perspective on affirmative action in a provocative book that will stir fresh debate about this vitally important issue
Author | : Jay Caspian Kang |
Publisher | : Crown |
Total Pages | : 289 |
Release | : 2022-10-11 |
Genre | : Biography & Autobiography |
ISBN | : 0525576231 |
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.
Author | : Anemona Hartocollis |
Publisher | : Public Affairs |
Total Pages | : 340 |
Release | : 2004-06 |
Genre | : Biography & Autobiography |
ISBN | : 9781586481964 |
Hartocollis shares the inspirational true story of one plucky young Bronx public school music teacher whose passion for her students transformed their lives--some for only seven days, others for a lifetime.
Author | : Richard Sander |
Publisher | : Basic Books |
Total Pages | : 370 |
Release | : 2012-10-09 |
Genre | : Law |
ISBN | : 0465030017 |
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.
Author | : Ellen Berrey |
Publisher | : University of Chicago Press |
Total Pages | : 361 |
Release | : 2015-05-15 |
Genre | : Social Science |
ISBN | : 022624637X |
Diversity these days is a hallowed American value, widely shared and honored. That’s a remarkable change from the Civil Rights era—but does this public commitment to diversity constitute a civil rights victory? What does diversity mean in contemporary America, and what are the effects of efforts to support it? Ellen Berrey digs deep into those questions in The Enigma of Diversity. Drawing on six years of fieldwork and historical sources dating back to the 1950s and making extensive use of three case studies from widely varying arenas—housing redevelopment in Chicago’s Rogers Park neighborhood, affirmative action in the University of Michigan’s admissions program, and the workings of the human resources department at a Fortune 500 company—Berrey explores the complicated, contradictory, and even troubling meanings and uses of diversity as it is invoked by different groups for different, often symbolic ends. In each case, diversity affirms inclusiveness, especially in the most coveted jobs and colleges, yet it resists fundamental change in the practices and cultures that are the foundation of social inequality. Berrey shows how this has led racial progress itself to be reimagined, transformed from a legal fight for fundamental rights to a celebration of the competitive advantages afforded by cultural differences. Powerfully argued and surprising in its conclusions, The Enigma of Diversity reveals the true cost of the public embrace of diversity: the taming of demands for racial justice.
Author | : Orville Vernon Burton |
Publisher | : Harvard University Press |
Total Pages | : 465 |
Release | : 2021-05-04 |
Genre | : Law |
ISBN | : 0674975642 |
In the first comprehensive accounting of the U.S. Supreme CourtÕs race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the CourtÕs race recordÑa legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the countryÕs promise of equal rights for all.
Author | : Ian Millhiser |
Publisher | : Bold Type Books |
Total Pages | : 370 |
Release | : 2016-06-28 |
Genre | : Political Science |
ISBN | : 1568585853 |
Now with a new epilogue-- an unprecedented and unwavering history of the Supreme Court showing how its decisions have consistently favored the moneyed and powerful. Few American institutions have inflicted greater suffering on ordinary people than the Supreme Court of the United States. Since its inception, the justices of the Supreme Court have shaped a nation where children toiled in coal mines, where Americans could be forced into camps because of their race, and where a woman could be sterilized against her will by state law. The Court was the midwife of Jim Crow, the right hand of union busters, and the dead hand of the Confederacy. Nor is the modern Court a vast improvement, with its incursions on voting rights and its willingness to place elections for sale. In this powerful indictment of a venerated institution, Ian Millhiser tells the history of the Supreme Court through the eyes of the everyday people who have suffered the most from it. America ratified three constitutional amendments to provide equal rights to freed slaves, but the justices spent thirty years largely dismantling these amendments. Then they spent the next forty years rewriting them into a shield for the wealthy and the powerful. In the Warren era and the few years following it, progressive justices restored the Constitution's promises of equality, free speech, and fair justice for the accused. But, Millhiser contends, that was an historic accident. Indeed, if it weren't for several unpredictable events, Brown v. Board of Education could have gone the other way. In Injustices, Millhiser argues that the Supreme Court has seized power for itself that rightfully belongs to the people's elected representatives, and has bent the arc of American history away from justice.
Author | : David M. Oshinsky |
Publisher | : |
Total Pages | : 168 |
Release | : 2010 |
Genre | : History |
ISBN | : |
A Pulitzer Prize-winning historian takes a new and closer look at the Supreme Court's controversial and much-debated stance on capital punishment in the landmark case of Furman v. Georgia.
Author | : Daniel Golden |
Publisher | : Crown |
Total Pages | : 354 |
Release | : 2009-01-21 |
Genre | : Education |
ISBN | : 0307497372 |
NATIONAL BESTSELLER • “A fire-breathing, righteous attack on the culture of superprivilege.”—Michael Wolff, author of the #1 New York Times bestseller Fire and Fury, in the New York Times Book Review NOW WITH NEW REPORTING ON OPERATION VARSITY BLUES In this explosive and prescient book, based on three years of investigative reporting, Pulitzer Prize winner Daniel Golden shatters the myth of an American meritocracy. Naming names, along with grades and test scores, Golden lays bare a corrupt system in which middle-class and working-class whites and Asian Americans are routinely passed over in favor of wealthy white students with lesser credentials—children of alumni, big donors, and celebrities. He reveals how a family donation got Jared Kushner into Harvard, and how colleges comply with Title IX by giving scholarships to rich women in “patrician sports” like horseback riding and crew. With a riveting new chapter on Operation Varsity Blues, based on original reporting, The Price of Admission is a must-read—not only for parents and students with a personal stake in college admissions but also for those disturbed by the growing divide between ordinary and privileged Americans. Praise for The Price of Admission “A disturbing exposé of the influence that wealth and power still exert on admission to the nation’s most prestigious universities.”—The Washington Post “Deserves to become a classic.”—The Economist