By William M. Leiter
Affirmative motion has been and remains to be the flashpoint of America’s civil rights schedule. but whereas the affirmative motion literature is voluminous, no accomplished account of its significant felony and public coverage dimensions exists. Samuel and William M. Leiter research the foundation and progress of affirmative motion, its effect on American society, its present nation, and its destiny anti-discrimination function, if any. educated by means of a number of diverse disciplines-law, historical past, economics, sociology, political technological know-how, city experiences, and criminology-the textual content combines the correct felony fabrics with research and observation from a number of specialists. This even-handed presentation of the topic of affirmative motion is bound to be a invaluable relief to these trying to comprehend the issue’s many complexities.
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Additional info for Affirmative Action in Antidiscrimination Law and Policy: An Overview and Synthesis
In this case involving statemandated racial segregation of railroad passenger cars (a Jim Crow commonplace), the Court decided that the equal protection clause does not outlaw segregation that equalizes separate facilities or services. ”61 The majority’s decision in Plessy conformed with a long line of cases in which the nineteenth-century High Court dampened Reconstruction’s civil rights ideology: (1) The Slaughterhouse Cases (1873)62—held that the privileges and immunities protected by the Fourteenth Amendment do not include the “fundamental rights of citizenship,” since these derive solely from the states.
In Professor Leon F. ”74 These practices produced the classic forms of disparate impact. For example, because of educational segregation, generations of blacks were either illiterate or grossly undereducated, by comparison to their white counterparts. As a result of this socially imposed racial disparity, blacks as a class were frequently deprived of the right to vote, or the opportunity of ﬁnding desirable employment. Societal discrimination against blacks as a group was endemic in employment, education, voting, housing, administration of justice, and access to public facilities.
The scope of afﬁrmative action’s coverage is the subject of persistent controversy. 94 George R. La Noue and John C. S. 103 L/S offer a number of particulars in support of this indictment. ”105 SBA accepts applicants’ “ ‘representation’ ” of economic disadvantage, absent contrary evidence. ’’106 Second, SBA’s inclusion decisions are not in keeping with objective socioeconomic data. Measured by the standard demographic indicators of businessformation rates, education, and income, some groups on the presumptiveeligibility list are at the socioeconomic bottom of our society, others at the top.
Affirmative Action in Antidiscrimination Law and Policy: An Overview and Synthesis by William M. Leiter