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The Michigan Affirmative Action Cases by Barbara Ann Perry Pdf
A compelling look at the two closely-linked--and controversial--2003 Supreme Court decisions that revisited the practice and constitutionality of affirmative action at the college level. The result was a divided opinion that neither completely repudiated affirmative action nor completely condoned its practice.
Bloomberg News Supreme Court reporter Greg Stohr follows the University of Michigan affirmative action case from the first challenges to the university's policies to the Supreme Court ruling that upheld a modified version of affirmative action. A Black and White Case brings alive and brilliantly explains one of the most important Supreme Court decisions on the fundamental and divisive subject of race relations in America.
"No state . . . shall deny to any person within its jurisdiction the equal protection of the laws." So says the Equal Protection Clause of the U.S. Constitution, a document held dear by Carl Cohen, a professor of philosophy and longtime champion of civil liberties who has devoted most of his adult life to the University of Michigan. So when Cohen discovered, after encountering some resistance, how his school, in its admirable wish to increase minority enrollment, was actually practicing a form of racial discrimination—calling it "affirmative action"—he found himself at odds with his longtime allies and colleagues in an effort to defend the equal treatment of the races at his university. In A Conflict of Principles Cohen tells the story of what happened at Michigan, how racial preferences were devised and implemented there, and what was at stake in the heated and divisive controversy that ensued. He gives voice to the judicious and seldom heard liberal argument against affirmative action in college admission policies. In the early 1970s, as a member of the Board of Directors of the American Civil Liberties Union, Cohen vigorously supported programs devised to encourage the recruitment of minorities in colleges, and in private employment. But some of these efforts gave deliberate preference to blacks and Hispanics seeking university admission, and this Cohen recognized as a form of racism, however well-meaning. In his book he recounts the fortunes of contested affirmative action programs as they made their way through the legal system to the Supreme Court, beginning with DeFunis v. Odegaard (1974) at the University of Washington Law School, then Bakke v. Regents of the University of California (1978) at the Medical School on the UC Davis campus, and culminating at the University of Michigan in the landmark cases of Grutter v. Bollinger and Gratz v. Bollinger (2003). He recounts his role in the initiation of the Michigan cases, explaining the many arguments against racial preferences in college admissions. He presents a principled case for the resultant amendment to the Michigan constitution, of which he was a prominent advocate, which prohibited preference by race in public employment and public contracting, as well as in public education. An eminently readable personal, consistently fair-minded account of the principles and politics that come into play in the struggles over affirmative action, A Conflict of Principles is a deeply thoughtful and thought-provoking contribution to our national conversation about race.
Affirmative Action and Racial Equity by Uma M. Jayakumar,Liliana M. Garces Pdf
The highly anticipated U.S. Supreme Court decision in Fisher v. University of Texas placed a greater onus on higher education institutions to provide evidence supporting the need for affirmative action policies on their respective campuses. It is now more critical than ever that institutional leaders and scholars understand the evidence in support of race consideration in admissions as well as the challenges of the post-Fisher landscape. This important volume shares information documented for the Fisher case and provides empirical evidence to help inform scholarly conversation and institutions’ decisions regarding race-conscious practices in higher education. With contributions from scholars and experts involved in the Fisher case, this edited volume documents and shares lessons learned from the collaborative efforts of the social science, educational, and legal communities. Affirmative Action and Racial Equity is a critical resource for higher education scholars and administrators to understand the nuances of the affirmative action legal debate and to identify the challenges and potential strategies toward racial equity and inclusion moving forward.
Eboni M. Zamani-Gallaher,Denise O’Neil Green,David O. Stovall,M. Christopher Brown II
Author : Eboni M. Zamani-Gallaher,Denise O’Neil Green,David O. Stovall,M. Christopher Brown II Publisher : Taylor & Francis Page : 303 pages File Size : 45,7 Mb Release : 2023-07-03 Category : Education ISBN : 9781000971170
The Case for Affirmative Action on Campus by Eboni M. Zamani-Gallaher,Denise O’Neil Green,David O. Stovall,M. Christopher Brown II Pdf
* Marshalls the arguments for affirmative action* Offers strategies for actionWhy is affirmative action under attack? What were the policy’s original purposes, and have they been achieved? What are the arguments being arrayed against it? And–for all stakeholders concerned about equity and diversity on campus–what’s the way forward, politically, legally, and practically?The authors explore the historical context, the philosophical and legal foundations of affirmative action, present contemporary attitudes to the issue on and off campus, and uncover the tactics and arguments of its opponents. They conclude by offering strategies to counter the erosion of affirmative action, change the basis of the discourse, and coordinate institutional support to foster inclusive college environments and multi-ethnic campus communities.This book analyzes the ideological and legal construction of colorblind legislation that has led to the de facto exclusion of people of color from institutions of higher education. It addresses the role of the courts in affecting affirmative action in higher education as a workplace and place of study. It documents the under-representation of collegians of color and presents research on student opinion on race-based policies at two- and four-year institutions. It details the pervasiveness of the affirmative action debate across educational sectors and the status of race among myriad factors considered in college admissions. Finally, it considers affirmative action as a pipeline issue and in the light of educational policy.
Author : John W. Johnson,Robert P. Green Jr. Publisher : Bloomsbury Publishing USA Page : 216 pages File Size : 54,7 Mb Release : 2009-05-19 Category : Social Science ISBN : 9780313081323
Affirmative Action by John W. Johnson,Robert P. Green Jr. Pdf
Affirmative Action recounts the fascinating history of a civil rights provision considered vital to protecting and promoting equality, but still bitterly contested in the courts—and in the court of public opinion. "Special consideration" or "reverse discrimination"? This examination traces the genesis and development of affirmative action and the continuing controversy that constitutes the story of racial and gender preferences. It pays attention to the individuals, the events, and the ideas that spawned federal and selected state affirmative action policies—and the resistance to those policies. Perhaps most important, it probes the key legal challenges to affirmative action in the nation's courts. The controversy over affirmative action in America has been marked by a persistent tension between its advocates, who emphasize the necessity of overcoming historical patterns of racial and gender injustice, and its critics, who insist on the integrity of color and gender blindness. In the wake of related U.S. Supreme Court decisions of 2007, Affirmative Action brings the story of one of the most embattled public policy issues of the last half century up to date, demonstrating that social justice cannot simply be legislated into existence, nor can voices on either side of the debate be ignored.
The impact and ramifications of cases argued before the Supreme Court are felt for decades, if not centuries. Only the most important issues of the day and the land make it to the nine justices, and the effects of their decisions reach far beyond the litigants. Under discussion here are five of the most momentous Supreme Court cases ever. They include Marbury v. Madison, Roe v. Wade, Dred Scott, Brown v. Board of Education, and The Pentagon Papers. An absorbing exploration of enormously controversial events, the series details, highlights, and clarifies the complex legal arguments of both sides. Placing the cases within their historical context (though they ultimately emerge as works in progress), the authors reveal each decision's relevance both to the past and the present. the result is a fascinating glimpse across the centuries into the workings of the Supreme Court and the American judicial system.
The Death of Affirmative Action? by Carter, J. Scott,Lippard, Cameron D. Pdf
Affirmative action in college admissions has been a polarizing policy since its inception, decried by some as unfairly biased and supported by others as a necessary corrective to institutionalized inequality. In recent years, the protected status of affirmative action has become uncertain, as legal challenges chip away at its foundations. This book looks through a sociological lens at both the history of affirmative action and its increasingly tenuous future. J. Scott Carter and Cameron D. Lippard first survey how and why so-called "colorblind" rhetoric was originally used to frame affirmative action and promote a political ideology. The authors then provide detailed examinations of a host of recent Supreme Court cases that have sought to threaten or undermine it. Carter and Lippard analyze why the arguments of these challengers have successfully influenced widespread changes in attitude toward affirmative action, concluding that the discourse and arguments over these policies are yet more unfortunate manifestations of the quest to preserve the racial status quo in the United States.
In the late 1990s, two lawsuits by white applicants who had been rejected by the University of Michigan began working their way through the federal court system, aimed at the abolition of racial preferences in college admissions. The stakes were high, the constitutional questions profound, the politics and emotions explosive. It was soon evident that the matter was headed for the highest court in the land, but there all clarity ended. To the plaintiffs and the feisty public-interest law firm that backed them, the suits were a long overdue assault on reverse discrimination. The Constitution, strictly construed, was color-blind. Discrimination under any guise was not only illegal, it was the wrong way to set history right in a nation that had been troubled and divided by the uses and misuses of race for more than two hundred years. To the University of Michigan, and to other top institutions striving to expand opportunity and create diverse, representative student bodies, it looked as if most of what had been put in place since the 1978 Bakke v. University of California decision was about to be undone. Black and Hispanic students were in danger of being once again largely shut out of the most important avenue of advancement in America, an elite education. To some, it appeared likely that racial integration was about to suffer their worst setback since the start of the civil rights movement. In A Black and White Case, veteran Supreme Court reporter Greg Stohr portrays the individual dramas and exposes the human passions that colored and propelled this momentous legal struggle. His fascinating account takes us deep inside America’s court system, where logic collides with emotion, and common sense must contend with the majesty and sometimes the seeming perversity of the law. He follows the trail from Michigan to Washington, DC, revealing how lawyers argued and strategized, how lower-court judges fought behind the scenes for control of the cases, and why the White House filed a brief in support of the white students, in opposition to a chorus of retired generals and admirals worried that the military academies would no longer reflect the face of America. Finally, Stohr details the fallout from the Supreme Court's controversial 2003 ruling that both upheld affirmative action and upended some of the methods that had been used to effect it. And he shows how colleges and universities are reshaping their affirmative action policies--an evolution closely watched by lower courts, employers, civil rights lawyers, legislators, regulators, and the public. A Black and White Case brings alive and brilliantly explains one of the most important Supreme Court decisions on the fundamental and divisive subject of race relations in America.
The Affirmative Action Puzzle by Melvin I. Urofsky Pdf
A rich, multifaceted history of affirmative action from the Civil Rights Act of 1866 through today’s tumultuous times From an acclaimed legal historian, a history of affirmative action from its beginning with the Civil Rights Act of 1866 to the first use of the term in 1935 with the enactment of the National Labor Relations Act (the Wagner Act) to 1961 and John F. Kennedy’s Executive Order 10925, mandating that federal contractors take “affirmative action” to ensure that there be no discrimination by “race, creed, color, or national origin” down to today’s American society. Melvin Urofsky explores affirmative action in relation to sex, gender, and education and shows that nearly every public university in the country has at one time or another, successfully or not, instituted some form of affirmative action plan. Urofsky traces the evolution of affirmative action through labor and the struggle for racial equality, writing of World War I and the exodus that began when some six million African Americans moved northward between 1910 and 1960, one of the greatest internal migrations in the country’s history. He describes how Harry Truman, after becoming president in 1945, fought for Roosevelt’s Fair Employment Practice Act and, surprising everyone, appointed a distinguished panel to serve as the President’s Commission on Civil Rights, as well as appointing the first black judge on a federal appeals court in 1948 and, by executive order later that year, ordering full racial integration in the armed forces. In this important, ambitious, far-reaching book, Urofsky writes about the affirmative action cases decided by the Supreme Court: cases that either upheld or struck down particular plans that affected both governmental and private entities. We come to fully understand the societal impact of affirmative action: how and why it has helped, and inflamed, people of all walks of life; how it has evolved; and how, and why, it is still needed.
Author : Kenneth Osgood,Derrick E. White Publisher : University Press of Florida Page : 276 pages File Size : 49,8 Mb Release : 2017-10-23 Category : History ISBN : 9780813063331
Winning While Losing by Kenneth Osgood,Derrick E. White Pdf
"Explor[es] the paradoxical nature of racial politics in the post–civil rights period. . . . Does us the service of detailing how different presidential administrations handled civil rights, complicating our understanding of the major themes that defined the era."--American Historical Review "Adds depth to our historical understanding of how various presidents and their administrations approached issues pertaining to the equal rights of black (and to a lesser extent, Hispanic) Americans in a number of institutional and legislative arenas."--Journal of American History "Expertly link[s] executive decision-making and electoral strategizing with the politics of civil rights."--Journal of American Studies "Examines the forward and backward movement of civil rights since the resurgence of conservative politics in 1968. . . . Welcome and helpful."--Journal of Southern History "An invaluable addition to the rapidly developing historiography of neoconservativism, particularly the ideology’s relationship with African Americans."--Louisiana History "A striking example of a successful meshing of historical and political science methodologies and scholarship."--North Carolina Historical Review "This remarkable study offers breakthrough findings and insights about the state of civil rights policies in the post-civil rights era."--Hanes Walton Jr., coauthor of American Politics and the African American Quest for Universal Freedom "Eschewing easy absolutes, Winning While Losing presents a carefully nuanced interpretation of the subtle gains and losses experienced by liberals and conservatives, by Democrats and Republicans, and by proponents of racial justice and their opponents."--Harvard Sitkoff, author of Toward Freedom Land "Insightful and fascinating. Sets an agenda for further scholarly debate about the puzzle of 'winning while losing' that defines the fortunes of civil rights and the stratagems of politicians over the past generation."--Robert Mason, author of Richard Nixon and the Quest for a New Majority "A comprehensive account of the links between racism, conservatism, and presidential politics in the post-civil rights era."--Greta de Jong, author of Invisible Enemy: The African American Freedom Struggle after 1965 During the four decades separating the death of Martin Luther King and the election of Barack Obama, the meaning of civil rights became increasingly complex. Civil rights leaders made great strides in breaking down once-impermeable racial barriers, but they also suffered many political setbacks in their attempts to remedy centuries of discrimination. Complicating matters, the conservative turn in American political life transformed the national conversation about race and civil rights in surprising ways. This pioneering collection of essays explores the paradoxical nature of civil rights politics in the years following the 1960s civil rights movement by chronicling the ways in which presidential politics both advanced and constrained the quest for racial equality in the United States.
"This book answers this important question. It examines explanations put forth by social scientists, finding various degrees of truth in most of them. Some situate the problem in the policy itself, suggesting that affirmative action functions as a governmentally sanctioned form of reverse racism or sexism, or that is is ineffective or socially disruptive. Such explanations may sound plausible, but they are incorrect. Other explanations locate the problem in the people who react to the policy, citing studies that document the links between ignorance, prejudice, and opposition to affirmative action. Yet even well-informed egalitarian people sometimes oppose affirmative action.".
This guide to the literature presents 451 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 author and subject indexes are provided.
Controversies in Affirmative Action by James A. Beckman Pdf
An engaging and eclectic collection of essays from leading scholars on the subject, which looks at affirmative action past and present, analyzes its efficacy, its legacy, and its role in the future of the United States. This comprehensive, three-volume set explores the ways the United States has interpreted affirmative action and probes the effects of the policy from the perspectives of economics, law, philosophy, psychology, sociology, political science, and race relations. Expert contributors tackle a host of knotty issues, ranging from the history of affirmative action to the theories underpinning it. They show how affirmative action has been implemented over the years, discuss its legality and constitutionality, and speculate about its future. Volume one traces the origin and evolution of affirmative action. Volume two discusses modern applications and debates, and volume three delves into such areas as international practices and critical race theory. Standalone essays link cause and effect and past and present as they tackle intriguing—and important—questions. When does "affirmative action" become "reverse discrimination"? How many decades are too many for a "temporary" policy to remain in existence? Does race- or gender-based affirmative action violate the equal protection of law guaranteed by the Fourteenth Amendment? In raising such issues, the work encourages readers to come to their own conclusions about the policy and its future application.
