For Discrimination


Book Description

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.




Affirmative Action for the Rich


Book Description

The use of race-based affirmative action in higher education has given rise to hundreds of books and law review articles, numerous court decisions, and several state initiatives to ban the practice. However, surprisingly little has been said or written or done to challenge a larger, longstanding "affirmative action" program that tends to benefit wealthy whites: legacy preferences for the children of alumni. "Affirmative Action for the Rich" sketches the origins of legacy preferences, examines the philosophical issues they raise, outlines the extent of their use today, studies their impact on university fundraising, and reviews their implications for civil rights. In addition, the book outlines two new theories challenging the legality of legacy preferences, examines how a judge might review those claims, and assesses public policy options for curtailing alumni preferences. The book includes chapters by Michael Lind of the New America Foundation; Peter Schmidt of the "Chronicle of Higher Education"; former "Wall Street Journal" reporter Daniel Golden; Chad Coffman of Winnemac Consulting, attorney Tara O'Neil, and student Brian Starr; John Brittain of the University of the District of Columbia Law School and attorney Eric Bloom; Carlton Larson of the University of California--Davis School of Law; attorneys Steve Shadowen and Sozi Tulante; Sixth Circuit Court Judge Boyce F. Martin Jr. and attorney Donya Khalili; and education writer Peter Sacks.




Defending Diversity


Book Description

DIVThe first major book to argue in favor of affirmative action in higher education since Bowen and Bok's The Shape of the River /div




Mismatch


Book Description

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.




The Michigan Affirmative Action Cases


Book Description

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.




Understanding Affirmative Action


Book Description

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


Book Description

C. Goals and timetables




The Law of Affirmative Action


Book Description

The debate over race in this country has of late converged on the contentious issue of affirmative action. Although the Supreme Court once supported the concept of racial affirmative action, in recent years a majority of the Court has consistently opposed various affirmative action programs. The Law of Affirmative Action provides a comprehensive chronicle of the evolution of the Supreme Court's involvement with the racial affirmative action issue over the last quarter century. Starting with the 1974 DeFunis v. Odegaard decision and the 1978 Bakke decision, which marked the beginnings of the Court's entanglement with affirmative action, Girardeau Spann examines every major Supreme Court affirmative action decision, showing how the controversy the Court initially left unresolved in DeFunis has persisted through the Court's 1998-99 term. Including nearly thirty principal cases, covering equal protection, voting rights, Title VII, and education, The Law of Affirmative Action is the only work to treat the Court decisions on racial affirmative action so closely, tracing the votes of each justice who has participated in the decisions. Indispensable for students and scholars, this timely volume elucidates reasons for the 180 degree turn in opinion on an issue so central to the debate on race in America today.




The Myth of Affirmative Action


Book Description

Many White people, and some conservative Black people, believe that affirmative action programs are unfairly depriving more deserving Whites of jobs and education opportunities. The author argues that is a myth. For example, University admissions data demonstrates that, despite affirmative action rhetoric, there remains systemic bias against Black students. Sociological data on criminal record, race, and employment, found that White people with a criminal record had a better chance of getting a call back, than Black people without one. Renowned Professor of Social Work Dr Rudolph Alexander Jr. analyses many examples which demonstrate that the claim that affirmative action programs have led to unfair discrimination against White people of equal ability, is a myth. Though not always comfortable reading, the book is an important addition to the literature on equality, diversity, and critical race theory.




Affirmative Action in American Law Schools


Book Description

A briefing before the United States Commission on Civil Rights, held in Washington, D.C., June 16, 2006.