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Full Description
Provides a comprehensive and even-handed overview of the very contentious subject of affirmative action.
Racism, sexism, and ethnic discrimination have long represented a seemingly intractable problem. Affirmative action was conceived as an attack on these ingrained problems, but today it is widely misunderstood. This volume reviews new developments in affirmative action law, policy, and ideological conflict in the areas of employment, education, voting, and housing. The revised edition adds a discussion of age, disability, and sexual-orientation discrimination, providing a truly comprehensive portrait of affirmative action that is informed by history, law, political science, sociology, and economics.
Contents
Acknowledgments
Note on Citations
Chapter One
Introduction
Introduction to Second Edition
Introduction to First Edition, 2002
Chapter Two
The Roots of Affirmative Action; The Women's Movement; and Affirmative Action's Group Coverage
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?
Immigration and Affirmative Action
The Multiracial Question
Chapter Three
The Career of Affirmative Action in Employment
Prologue
Title VII and Employment Discrimination
The Supreme Court and the Quarrel over Employment
Affirmative Action, 1970-1989
Hostilities Continue
The Unresolved Issues of Affirmative Action in Employment
Conclusion: Equal Employment Opportunity and Affirmative Action
Chapter Four
Affirmative Action and the Primary and Secondary Schools
Prologue
The Epochal Brown Ruling
The Meaning of Brown I
Brown's Progeny
Academic Scholarship on School Integration and Education
Deprivation: A Variety of Views
Ethnocentrism, Affirmative Action, and Bilingual Education
The Twilight of School Racial/Ethnic Balancing and the Continuing Quest for Reform
Chapter Five
Affirmative Action in Higher Education
Prologue
Affirmative Action and Student Admissions: The Scholarly Debate
Strict Scrutiny, Diversity, and University Admissions:The Hopwood, Grutter, and Gratz Cases
Diversity on Campus Continued
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
The 1965 Voting Rights Act and Its Amendments
The "Racial Gerrymander" Cases of the 1990s and the Constitutional Requirements of the Equal Protection Clause 210
Women and Electoral Politics
Epilogue
Chapter Seven
Affirmative Action and Fair Housing
Prologue
Housing Segregation
Federal Antidiscrimination Law Affecting Housing: The 1968 Fair Housing Act
Affirmative Action and Residential Integration
Epilogue
Chapter Eight
Constitutional Underclasses and Affirmative Action: The Disabled, Older Workers, Homosexuals
Prologue
The Disability/Antidiscrimination Difference Canon
The ADA and Its Predecessors
The Courts and the ADA
The Supreme Court and Age Discrimination
The Supreme Court and Homosexuals
Epilogue: The Constitutional Underclasses and the Critical Issues
Chapter Nine
Facing Affirmative Action's Future
Prologue
The Supreme Court's Civil Rights Hierarchy
Ethno-racial and Gender Affirmative Action as an Instrument of Equal Opportunity: Genesis, Variety, and Uncertainty
Central Legal Issues of Ethno-racial and Gender
Affirmative Action
The Ideological Clash Regarding Race/Gender/Ethnic
Affirmative Action
Conclusion
Appendices
Appendix One: A Sampler of Federal Affirmative Action Programs Explicitly Mandated or Authorized by Statute or Administrative Regulation
Appendix Two: Uniform Guidelines on Employee Selection Procedures
Appendix Three: Affirmative Action Guidelines of the Equal Employment Opportunity Commission
Appendix Four: Office of Federal Contract Compliance Programs: Affirmative Action Programs
Notes
Selected Bibliography
List and Index of Cases
Topical Index
Index of Selected Names
