Affirmative Action on Trial

Affirmative Action on Trial
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.

For Discrimination

For Discrimination
Author: Randall Kennedy
Publisher: Vintage
Total Pages: 306
Release: 2015-06-09
Genre: Social Science
ISBN: 0307949362

The definitive reckoning with 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 mere fact that he wrote this book is all the justification necessary for reading it.”—The Washington Post 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 Politics of Affirmative Action

The Politics of Affirmative Action
Author: Carol Lee Bacchi
Publisher: SAGE
Total Pages: 214
Release: 1996-09-24
Genre: Social Science
ISBN: 9781446238356

"This book makes a major contribution to an issue of central concern to feminists. It is well written, thoroughly researched and thoughtfully argued. Wide-ranging and comprehensive in scope, the book is carefully structured, using different countries to illustrate the specific ways in which affirmative action is co-opted and contained in practice' - Jeanne Gregory, Middlesex University " This timely and incisive book brings a theoretical lens to the debates around affirmative action. It presents a comparative analysis of those countries reputed to be leading the way in policies for women - the United States, Canada, Australia, Sweden, The Netherlands and Norway. Carol Lee Bacchi draws upon current social and feminist theory to present a lucid analysis of the implementation of reform. Taking account of the particular historical context of affirmative action policies, she considers why expressed commitment to affirmative action for women has failed to translate into meaningful reform. She describes how conceptual and identity categories are given meanings and positioned in debate in ways which work to contain the effects of the reform. Bacchi concludes that proponents of affirmative action need to direct more attention to the political uses of categories than to their abstract content, and to concentrate their efforts upon exposing the effects of category politics.

Ending Affirmative Action

Ending Affirmative Action
Author: Terry Eastland
Publisher: Basic Books
Total Pages: 240
Release: 1997-03-20
Genre: History
ISBN: 9780465013890

In the 1960s, we resolved as a nation never to judge people by the color of their skin. But today, race-based public policy has once again become the norm, this time under the banner of affirmative action. How, asks Terry Eastland, did such a turnabout take place, and how can we restore colorblind law in America today? In this compelling and powerful book, Eastland lays bare the absurdities and injustices of affirmative action, and presents the strongest case to date for doing away with race-based and gender-based preferences—a ringing call for all Americans to reclaim our nation's shared values of equal protection under the law, without reference to race, color, creed, gender, or national origin.

Affirmative Action

Affirmative Action
Author: Francis Beckwith
Publisher: Contemporary Issues
Total Pages: 264
Release: 1997
Genre: Business & Economics
ISBN:

Contains fifteen essays on affirmative action

Pursuing Equal Opportunities

Pursuing Equal Opportunities
Author: Lesley A. Jacobs
Publisher: Cambridge University Press
Total Pages: 300
Release: 2004
Genre: Philosophy
ISBN: 9780521530217

This book offers original and innovative contributions to the debate about equality of opportunity. The first part sets out a theory of equality of opportunity that presents equal opportunities as a normative device for the regulation of competition for scarce resources. The second part shifts the focus to the consideration of the practical application by courts or legislatures or public policy makers of policies for addressing racial, class or gender injustices. The author examines standardized tests, affirmative action, workfare, universal health-care, comparable worth, and the economic consequences of divorce.

Protesting Affirmative Action

Protesting Affirmative Action
Author: Dennis Deslippe
Publisher: JHU Press
Total Pages: 297
Release: 2012-03
Genre: History
ISBN: 1421403587

In the process of balancing ideals of race and gender equality with competing notions of colorblindness and meritocracy, they even borrowed the language of the civil rights era to make far-reaching claims about equality, justice, and citizenship in their anti-affirmative action rhetoric. Deslippe traces this conflict through compelling case studies of real people and real jobs. He asks what the introduction of affirmative action meant to the careers and livelihoods of Seattle steelworkers, New York asbestos handlers, St. Louis firemen, Detroit policemen, City University of New York academics, and admissions councilors at the University of Washington Law School. Through their experiences, Deslippe examines the diverse reactions to affirmative action, concluding that workers had legitimate grievances against its hiring and promotion practices.

The Logics of Gender Justice

The Logics of Gender Justice
Author: Mala Htun
Publisher: Cambridge University Press
Total Pages: 370
Release: 2018-03-01
Genre: Political Science
ISBN: 110828096X

When and why do governments promote women's rights? Through comparative analysis of state action in seventy countries from 1975 to 2005, this book shows how different women's rights issues involve different histories, trigger different conflicts, and activate different sets of protagonists. Change on violence against women and workplace equality involves a logic of status politics: feminist movements leverage international norms to contest women's subordination. Family law, abortion, and contraception, which challenge the historical claim of religious groups to regulate kinship and reproduction, conform to a logic of doctrinal politics, which turns on relations between religious groups and the state. Publicly-paid parental leave and child care follow a logic of class politics, in which the strength of Left parties and overall economic conditions are more salient. The book reveals the multiple and complex pathways to gender justice, illuminating the opportunities and obstacles to social change for policymakers, advocates, and others seeking to advance women's rights.

Affirmative Action Matters

Affirmative Action Matters
Author: Laura Dudley Jenkins
Publisher: Routledge
Total Pages: 242
Release: 2014-04-04
Genre: Education
ISBN: 1317748468

Affirmative Action Matters focuses specifically on affirmative action policies in higher education admissions, the sphere that has been the most controversial in many of the nations that have such policies. It brings together distinguished scholars from diverse nations to examine and discuss the historical, political and philosophical contexts of affirmative action and clarify policy developments to further the meaningful equality of educational opportunity. This unique volume includes both well established and emerging policies from the Americas, Europe, Africa, and Asia, policies which developed under a variety of political systems and target a range of underrepresented groups, based on race, ethnicity, gender, class, social background, or region. Accessible and thought provoking case studies of affirmative action demonstrate that such policies are expanding to different countries and target populations. While some countries, such as India, have affirmative action policies that predate those in the United States, affirmative action is a recent development in countries such as Brazil and France. Legal or political pressures to move away from explicitly race-based policies in several countries have complicated affirmative action and make this assessment of international alternatives particularly timely. New or newly modified policies target a variety of disadvantaged groups, based on geography, class, or caste, in addition to race or sex. International scholars in six countries spanning five continents offer insights into their own countries’ experiences to examine the implications of policy shifts from race toward other categories of disadvantage, to consider best practices in student admission policies, and to assess the future of affirmative action.