Affirmative Action in Antidiscrimination Law and Policy

William M. Leiter, Samuel Leiter

Description

Affirmative action has been and continues to be the flashpoint of America's civil rights agenda. Yet while the affirmative action literature is voluminous, no comprehensive account of its major legal and public policy dimensions exists. Samuel and William M. Leiter examine the origin and growth of affirmative action, its impact on American society, its current state, and its future anti-discrimination role, if any. Informed by several different disciplines—law, history, economics, sociology, political science, urban studies, and criminology—the text combines the relevant legal materials with analysis and commentary from a variety of experts. This even-handed presentation of the subject of affirmative action is sure to be a valuable aid to those seeking to understand the issue's many complexities.

Acknowledgments

1. Introduction

The Topic
A Thumbnail History
The Book
Remembrance of Things Past
Note on Citations
Appendix to Chapter One: A Sampler of Federal Affirmative Action Programs Explicitly Mandated or Authorized by Statute or Administrative Regulation

2. The Roots of Affirmative Action, the Women's Movement, and the Groups Covered by Affirmative Action

Reconstruction and the Origins of Affirmative Action
White Supremacy and the Origins of Disparate Impact
The Women's Movement: The First and Second "Waves"
Which Groups Should Be Eligible for Affirmative Action Benefits?

3. The Career of Affirmative Action in Employment

Prologue
Title VII and Employment Discrimination
The Midcareer of Employment Affirmative Action
Hostilities ResumeThe Unresolved Issues of Affirmative Action in Employment

Appendixes to Chapter Three

Appendix One: Uniform Guidelines on Employee Selection Procedures
Appendix Two: Affirmative Action Guidelines of the Equal Employment Opportunity Commission
Appendix Three: Office of Federal Contract Compliance Programs: Affirmative Action Programs

4. Affirmative Action and the Primary and Secondary Schools

Prologue
The Epochal Brown Ruling
Brown's Progeny
Recent Scholarship on School Integration
The Meaning of Brown I
Ethnocentrism, Affirmative Action, and Bilingual Education
The Twilight of Public School Racial/Ethnic Balancing, and the Continuing Quest for Reform

5. Affirmative Action in Higher Education

Prologue
Affirmative Action and Student Admissions: Bakke and the Scholarly Debate
Strict Scrutiny and University Admissions: The Hopwood Case
The Unresolved Controversy over Nonremedial Affirmative Action
The Formerly De Jure Segregated Universities: The Historically Black Colleges and the Traditionally White Institutions
Gender Discrimination and Education

6. Affirmative Action and the Political Representation of Minorities

The 1965 Voting Rights Act and Its Amendments
The "Racial-Gerrymander" Cases of the 1990s and the Constitutional Requirements of the Equal Protection Clause
Women and Electoral Politics
Epilogue

7. Affirmative Action and Fair Housing

Prologue
Housing Segregation
Federal Antidiscrimination Law Affecting Housing
Integration Achievement and Maintenance
Epilogue

8. Facing Affirmative Action's Future

Prologue
Affirmative Action as an Instrument of Equal Opportunity:
Genesis, Variety, and Uncertainty
Central Legal Issues
The Ideological Clash
A Prelude to Judgment: A Sampler of Distinguished Disputants
Conclusion

Notes

Selected Bibliography

List and Index of Selected Cases

Topical Index

Index of Selected Names

Sujets

• Civil Rights
• POLITICAL SCIENCE
• Civil and political rights
• Social sciences
• Human rights
• LAW
• Discrimination

Informations

• Publié par: State University of New York Press
• Date de parution: 01 février 2012
• Nombre de lectures: 1
• EAN13: 9780791487969
• Langue: English
• Poids de l'ouvrage: 1 Mo

Extrait

Affirmative Action in Antidiscrimination Law and Policy

SUNY series in American Constitutionalism Robert J. Spitzer, editor

Affirmative Action in Antidiscrimination Law and Policy

An Overview and Synthesis

Samuel Leiter William M. Leiter

State University of New York Press

Published by State University of New York Press, Albany

© 2002 State University of New York

All rights reserved

Printed in the United States of America

No part of this book may be used or reproduced in any manner whatsoever without written permission. No part of this book may be stored in a retrieval system or transmitted in any form or by any means including electronic, electrostatic, magnetic tape, mechanical, photocopying, recording, or otherwise without the prior permission in writing of the publisher.

For information, address State University of New York Press, 90 State Street, Suite 700, Albany, NY 12207

Production by Marilyn P. Semerad Marketing by Patrick Durocher

Library of Congress Cataloging-in-Publication Data

Leiter, Samuel, 1922– Affirmative action in anti-discrimination law and policy : an overview and synthesis / Samuel and William Leiter. p. cm. — (SUNY series in American constitutionalism) Includes bibliographical references and index. ISBN 0-7914-5509-2 (hc : acid free) — ISBN 0-7914-5510-6 (pb : acid free) 1. Affirmative action programs—Law and legislation—United States. 2. Discrimination in employment—Law and legislation—United States. 3. Discrimination—Law and legislation—United States. I. Leiter, William M., 1934– II. Title. III. Series. KF4755.5 .L45 2002 344.7301'133—dc21 2002002514

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In memory of our beloved sister Lillian

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Acknowledgments

Contents Q

Chapter One. Introduction The Topic A Thumbnail History The Book Remembrance of Things Past Note on Citations Appendix to Chapter One: A Sampler of Federal Affirmative Action Programs Explicitly Mandated or Authorized by Statute or Administrative Regulation

Chapter Two. The Roots of Affirmative Action, the Women’s Movement, and the Groups Covered by Affirmative Action Reconstruction and the Origins of Affirmative Action White Supremacy and the Origins of Disparate Impact The Women’s Movement: The First and Second “Waves” Which Groups Should Be Eligible for Affirmative Action Benefits?

Chapter Three. The Career of Affirmative Action in Employment Prologue Title VII and Employment Discrimination The Midcareer of Employment Affirmative Action Hostilities Resume

vii

xi

1 1 2 3 5 5

7

23 23 28 32 34

39 39 41 52 67

viii

Affirmative Action in Antidiscrimination Law and Policy

The Unresolved Issues of Affirmative Action in Employment Appendixes to Chapter Three Appendix One: Uniform Guidelines on Employee Selection Procedures Appendix Two: Affirmative Action Guidelines of the Equal Employment Opportunity Commission Appendix Three: Office of Federal Contract Compliance Programs: Affirmative Action Programs

Chapter Four. Affirmative Action and the Primary and Secondary Schools Prologue The EpochalBrown Ruling Brown’s Progeny Recent Scholarship on School Integration The Meaning ofBrown I Ethnocentrism, Affirmative Action, and Bilingual Education The Twilight of Public School Racial/Ethnic Balancing, and the Continuing Quest for Reform

Chapter Five. Affirmative Action in Higher Education Prologue Affirmative Action and Student Admissions: Bakkethe Scholarly Debate and Strict Scrutiny and University Admissions: TheHopwoodCase The Unresolved Controversy over Nonremedial Affirmative Action The Formerly De Jure Segregated Universities: The Historically Black Colleges and the Traditionally White Institutions Gender Discrimination and Education

Chapter Six. Affirmative Action and the Political Representation of Minorities Prologue

79

8

7

9

3

9

9

109 109 114 117 119 124 129

134

137 137

138

143

150

158 163

173 173

Contents

The 1965 Voting Rights Act and Its Amendments The “Racial-Gerrymander” Cases of the 1990s and the Constitutional Requirements of the Equal Protection Clause Women and Electoral Politics Epilogue

Chapter Seven. Affirmative Action and Fair Housing Prologue Housing Segregation Federal Antidiscrimination Law Affecting Housing Integration Achievement and Maintenance Epilogue

Chapter Eight. Facing Affirmative Action’s Future Prologue Affirmative Action as an Instrument of Equal Opportunity: Genesis, Variety, and Uncertainty Central Legal Issues The Ideological Clash A Prelude to Judgment: A Sampler of Distinguished Disputants Conclusion Notes Selected Bibliography List and Index of Selected Cases Topical Index Index of Selected Names

ix

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185 195 196

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223 223

224 225 232 233 245 247 293 303 307 319