NCJ Number
59250
Editor(s)
B R GROSS
Date Published
1977
Length
409 pages
Annotation
THIS COLLECTION OF ARTICLES ON AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT SURVEYS THE POSITION OF MINORITIES AND WOMEN, ALONG WITH LEGAL AND MORAL ISSUES STILL TO BE CONFRONTED, PARTICULARLY REVERSE DISCRIMINATION.
Abstract
WRITINGS OF SOCIOLOGISTS, POLITICAL SCIENTISTS, ECONOMISTS, LAWYERS, JUDGES, AND SOCIAL PHILOSOPHERS PROVIDE WIDE RANGING VIEWS ON THE ISSUE OF AFFIRMATIVE ACTION. SOME CONTRIBUTORS ARGUE THAT AFFIRMATIVE ACTION IS NECESSARY TO ENSURE EQUALITY OF EMPLOYMENT AND EDUCATIONAL OPPORTUNITY FOR WOMEN AND MINORITIES. OTHERS CONTEND THAT GOVERNMENT PROGRAMS INVOLVING QUOTAS OR GOALS CONSTITUTE OUTRIGHT DISCRIMINATION AGAINST NONMINORITIES AND MALES. GENERAL OR INTRODUCTORY DISCUSSIONS CENTER ON SUCH CONCERNS AS DISCRIMINATION IN HIGHER EDUCATION AND FACULTY EMPLOYMENT, PREFERENTIAL ADMISSIONS, BIAS IN ANTIBIAS REGULATIONS, DISCRIMINATION AND THE QUOTA SYSTEM, AND INTERVENTION BY THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE ON BEHALF OF UNIVERSITY WOMEN AND MINORITIES. OTHER ARTICLES REVIEW THE LEGAL FOUNDATIONS OF AFFIRMATIVE ACTION; THE U.S. SUPREME COURT'S DECISION IN DEFUNIS V. ODEGAARD IS DISCUSSED, IN ADDITION TO THE EROSION OF LEGAL PRINCIPLES IN THE CREATION OF LEGAL POLICIES, THE CONSTITUTIONALITY OF REVERSE RACIAL DISCRIMINATION, JUDICIAL SCRUTINY OF RACIAL PREFERENCE IN LAW SCHOOL ADMISSIONS, AND POLITICAL RESPONSIBILITY AND THE JUDICIARY'S ROLE IN QUESTIONS OF RACIAL PREFERENCES IN HIGHER EDUCATION. THE FINAL SERIES OF ARTICLES, COMPRISING THE BULK OF THE VOLUME, DEALS WITH THE JUSTIFICATION FOR, AND VALUE OF, AFFIRMATIVE ACTION, AND EXAMINES SUCH ISSUES AS THE MORALITY OF REPARATION, IDENTIFYING BENEFICIARIES, DISCRIMINATION AND MORALLY RELEVANT CHARACTERISTICS, INVERSE DISCRIMINATION, REVERSE DISCRIMINATION AND COMPENSATORY JUSTICE, REPARATIONS TO WRONGED GROUPS, AND A JURISPRUDENTIAL APPROACH TO PREFERENTIAL POLICIES IN HIRING AND ADMISSIONS. A BIBLIOGRAPHY IS PROVIDED. (KBL)