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AFFIRMATIVE ACTION - THE ANSWER TO DISCRIMINATION?

NCJ Number
58987
Author(s)
ANON
Date Published
1976
Length
40 pages
Annotation
LAWYERS, ACADEMICIANS, AND JOURNALISTS DISCUSS THE LEGAL AND MORAL CONSEQUENCES OF AFFIRMATIVE ACTION, A FEDERAL PROGRAM FOR COMBATING DISCRIMINATION.
Abstract
THE TRANSCRIPT OF THE PANEL DISCUSSION IS PRESENTED WITHOUT EDITORIAL COMMENT. THE DEBATE CENTERS AROUND THESE BROAD QUESTIONS: HOW FAR SHOULD THE GOVERNMENT INTRUDE INTO THE PRIVATE SECTOR IN DICTATING GOALS TO ELIMINATE DISCRIMINATION? SHOULD PERFORMANCE CAPABILITIES BE THE SOLE CRITERION IN HIRING? DO AFFIRMATIVE ACTION PROGRAMS ENTAIL PREFERENTIAL TREATMENT? IF SO, IS PREFERENTIAL TREATMENT CONSTITUTIONAL? IS THERE A DISTINCTION BETWEEN GOALS AND QUOTAS? HAS THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE BEEN SUCCESSFUL IN ITS ENFORCEMENT OF AFFIRMATIVE ACTION GUIDELINES? THE PANEL, MODERATED BY RALPH K. WINTER, JR., OF THE YALE LAW SCHOOL, INCLUDES OWEN FISS, PROFESSOR OF LAW AT THE YALE LAW SCHOOL; RICHARD POSNER, PROFESSOR OF LAW AT THE UNIVERSITY OF CHICAGO LAW SCHOOL; VERA GLASER, SYNDICATED COLUMNIST FOR KNIGHT NEWSPAPERS AND WTOP RADIO COMMENTATOR; WILLIAM RASPBERRY, COLUMNIST FOR THE WASHINGTON POST; AND PAUL SEABURY, PROFESSOR OF POLITICAL SCIENCE AT THE UNIVERSITY OF CALIFORNIA AT BERKELEY. THE DISCUSSION WAS HELD AT AN AMERICAN ENTERPRISE INSTITUTE FOR PUBLIC POLICY RESEARCH ROUND TABLE HELD ON MAY 28, 1975. (AUTHOR ABSTRACT MODIFIED)