The Michigan affirmative action cases


Author: Barbara Ann Perry
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: Business & Economics
Page: 210
View: 7018

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In its controversial Bakke decision of 1978, the Supreme Court upheld racial and ethnic diversity in university admissions--but it was not to be the last word on the matter. When Jennifer Gratz and Barbara Grutter challenged the University of Michigan's admission policies because they were passed over in favor of ostensibly less-qualified minority applicants, the Court was once again compelled to address affirmative action. Barbara Perry takes readers behind the scenes to tell the riveting story of how the two rejected applicants allied with conservative interest groups in an attempt to overturn affirmative action programs in higher education--and how in a 5-4 decision Justice Sandra Day O'Connor provided the decisive vote reaffirming Bakke. While the plaintiffs argued that their rights to equal protection under the Fourteenth Amendment and Title VI of the Civil Rights Act had been violated, the Court in 2003 disagreed and upheld the constitutionality of affirmative action, citing the goal of diversity as a legitimate state interest but also making it clear that there were limits to that interest and the policies to implement it. Drawing on interviews with key figures in the litigation, Perry follows the twists and turns of the district and appellate cases, then reveals the inside story of how Justice O'Connor joined her liberal colleagues to uphold the use of race in university admissions and thereby establish an important new precedent. Perry provides a play-by-play account of the dramatic oral arguments before the Court, explains how the Court's decisions emerged, and reveals how Justice O'Connor's personal, professional, and judicial background brought her to that pivotal moment inlegal history. As Perry shows, the Supreme Court's decisions frustrated both conservatives and civil rights advocates, who continue to battle each other when anti-affirmative action initiatives appear on state ballots. Her compelling study helps us understand why affirmative action remains one of our most hotly contested issues.

The Case for Affirmative Action on Campus

Concepts of Equity, Considerations for Practice
Author: Eboni M. Zamani-Gallaher
Publisher: Stylus Publishing, LLC.
ISBN: 1579221033
Category: Education
Page: 329
View: 8576

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Why is affirmative action under attack? What were the policys original purposes, and have they been achieved? What are the arguments being arrayed against it? Andfor all stakeholders concerned about equity and diversity on campus whats the way forward, politically, legally and practically? This book engages all these issues.

Affirmative Action

An Annotated Bibliography
Author: A. M. Babkina
Publisher: Nova Publishers
ISBN: 9781590335703
Category: Political Science
Page: 128
View: 1770

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Affirmative Action is one of the most controversial issues of our times. Proponents on both sides of the issue claim clear-cut evidence for the rightness of their arguments, yet evidence is hazy at best. This new guide to the literature presents hundreds descriptions of books, reports and articles dealing with all aspects of affirmative action including: race relations; economic aspects, reverse discrimination; preferences; affirmative action programs; public opinion; court decisions; education, and many more. Complete title, author and subject indexes are provided.

OAH Annual Meeting


Author: Organization of American Historians. Meeting
Publisher: N.A
ISBN: N.A
Category: Historians
Page: N.A
View: 3130

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Choice


Author: N.A
Publisher: N.A
ISBN: N.A
Category: Academic libraries
Page: N.A
View: 4800

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Affirmative Action and Minority Enrollments in Medical and Law Schools


Author: Susan Welch,John Gruhl
Publisher: University of Michigan Press
ISBN: 9780472108503
Category: Law
Page: 224
View: 842

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Affirmative action is one of the central issues of American politics today, and admission to colleges and universities has been at the center of the debate. While this issue has been discussed for years, there is very little real data on the impact of affirmative action programs on admissions to institutions of higher learning. Susan Welch and John Gruhl in this groundbreaking study look at the impact on admissions of policies developed in the wake of the United States Supreme Court's landmark 1978 Bakke decision. In Bakke, the Court legitimized the use of race as one of several factors that could be considered in admissions decisions, while forbidding the use of quotas. Opponents of affirmative action claim that because of the Bakke decision thousands of less-qualified minorities have been granted admission in preference to more qualified white students; proponents claim that without the affirmative action policies articulated in Bakke, minorities would not have made the gains they have made in higher education. Based on a survey of admissions officers for law and medical schools and national enrollment data, the authors give us the first analysis of the real impact of the Bakke decision and affirmative action programs on enrollments in medical and law schools. Admission to medical schools and law schools is much sought after and is highly competitive. In examining admissions patterns to these schools the authors are able to identify the effects of affirmative action programs and the Bakke decision in what may be the most challenging case. This book will appeal to scholars of race and gender in political science, sociology and education as well as those interested in the study of affirmative action policies. Susan Welch is Dean of the College of Liberal Arts and Professor of Political Science, Pennsylvania State University. John Gruhl is Professor of Political Science, University of Nebraska-Lincoln.

Encyclopedia of Modern Political Thought (set)


Author: Gregory Claeys
Publisher: CQ Press
ISBN: 1506308368
Category: Reference
Page: 944
View: 7421

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This groundbreaking new work explores modern and contemporary political thought since 1750, looking at the thinkers, concepts, debates, issues, and national traditions that have shaped political thought from the Enlightenment to post-modernism and post-structuralism. Encyclopedia of Modern Political Thought is two-volume A to Z reference that provides historical context to the philosophical issues and debates that have shaped attitudes toward democracy, citizenship, rights, property, duties, justice, equality, community, law, power, gender, race, and legitimacy over the last three centuries. It profiles major and minor political thinkers, and the national traditions, both Western and non-Western, which continue to shape and divide political thought. More than 200 scholars from leading international research institutions and organizations have provided signed entries that offer comprehensive coverage of: Thought of regions and countries, including African political thought, American political thought , Australasian political thought (Australian and New Zealand), Chinese political thought, Indian political thought, Islamic political Thought, Japanese political thought, and more Thought regarding contemporary issues such as abortion, affirmative action, animal rights, European integration, feminism, humanitarian intervention, international law, race and racism, and more The ideological spectrum from Marxism to neoconservatism, including anarchism, conservatism, Darwinism and Social Darwinism, Engels, fascism, the Frankfurt School, Lenin and Leninism, socialism, and more Connections of political thought to key areas of politics and other disciplines such as economics, psychology, law, and religion Notable time periods of political thought since 1750 Concepts including class, democratic theory, liberalism, nationalism, natural and human rights, and theories of the state Theorists and political intellectuals, both Western and non-Western including John Adams, Edmund Burke, Mohandas Gandhi, Immanuel Kant, Ayatollah Khomeini, Ernst Friedrich Schumacher, George Washington, and Mary Wollstonecraft

The Right Thing to Do, The Smart Thing to Do

Enhancing Diversity in Health Professions -- Summary of the Symposium on Diversity in Health Professions in Honor of Herbert W. Nickens, M.D.
Author: Association of Academic Health Centers,Clyde H. Evans,Association of American Medical Colleges,Lois Colburn,Institute of Medicine,Adrienne Y. Stith,Brian D. Smedley
Publisher: National Academies Press
ISBN: 0309076145
Category: Medical
Page: 376
View: 8239

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The Symposium on Diversity in the Health Professions in Honor of Herbert W. Nickens, M.D., was convened in March 2001 to provide a forum for health policymakers, health professions educators, education policymakers, researchers, and others to address three significant and contradictory challenges: the continued under-representation of African Americans, Hispanics, and Native Americans in health professions; the growth of these populations in the United States and subsequent pressure to address their health care needs; and the recent policy, legislative, and legal challenges to affirmative action that may limit access for underrepresented minority students to health professions training. The symposium summary along with a collection of papers presented are to help stimulate further discussion and action toward addressing these challenges. The Right Thing to Do, The Smart Thing to Do: Enhancing Diversity in Health Professions illustrates how the health care industry and health care professions are fighting to retain the public’s confidence so that the U.S. health care system can continue to be the world’s best.

The Miracle case

film censorship and the Supreme Court
Author: Laura Wittern-Keller,Raymond J. Haberski
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: Performing Arts
Page: 233
View: 9071

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It was only a forty-minute foreign film, but it sparked a legal confrontation that has left its mark on America for more than half a century. Roberto Rossellini's II Miracolo (The Miracle) is deceptively simple: a demented peasant woman is seduced by a stranger she believes to be Saint Joseph, is socially ostracized for becoming pregnant out of wedlock, but is finally redeemed through motherhood. Although initially approved by state censors for screening in New York, the film was attacked as sacrilegious by the Catholic establishment, which convinced state officials to revoke distributor Joseph Burstyn's license. In response, Burstyn fought back through the courts and won. Laura Wittern-Keller and Raymond Haberski show how the Supreme Court's unanimous 1952 ruling in Burstyn's favor sparked a chain of litigation that eventually brought filmmaking under the protective umbrella of the First Amendment, overturning its long-outdated decision in Mutual v. Ohio (1915). Their story features a more formidable cast than did the film itself, with the charismatic Francis Cardinal Spellman decrying the film as a Communist plot, while outspoken film critic Bosley Crowther vigorously advocated "freedom of the screen." Meanwhile, movie producers stood by silently for fear of alienating the Church and its large movie-going membership, leaving Burstyn to muster his own defense. More than the inside story of one case, this book explores the unique place that the movies occupy in American culture and the way that culture continues to be shaped by anxiety over the social power of movies. The Burstyn decision weakened the ability of state censorship boards and the Catholic Church to influence the types offilms Americans were allowed to see. Consequently, the case signaled the rise of a new era in which films would be more mature and more controversial than ever before. Focusing on this single most important case in the jurisprudence surrounding motion picture expression, Wittern-Keller and Haberski add a significant new dimension to the story of cinema, censorship, and the history of First Amendment protections.

Roe v. Wade

the abortion rights controversy in American history
Author: N. E. H. Hull,Peter Charles Hoffer
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: History
Page: 370
View: 3215

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The sodomy cases

Bowers v. Hardwick and Lawrence v. Texas
Author: David A. J. Richards
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: Law
Page: 214
View: 9631

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For America's gay community, the question of rights is often reduced to the issue of privacy. Until very recently, even though this right has been upheld by the Supreme Court in landmark cases relating to contraception and abortion, the issue of "nonprocreational sex" continued to trigger a double standard for gay men. Now David Richards, a leading legal scholar who is himself gay, shows how two other landmark cases nearly twenty years apart shed light on America's evolving views of privacy. The Supreme Court's decision in Bowers v. Hardwick (1986) stemmed from a 1982 gay-sex arrest in an Atlanta home under a Georgia law that criminalized sodomy--a case not originally prosecuted, but then pursued in court to challenge the statute's constitutionality. Lawrence v. Texas (2003) followed a similar arrest in 1998 in Houston, where Texas law also criminalized sodomy--but only when practiced by members of the same sex. Richards views these cases as the nadir and apogee of the gay community's efforts to fight discrimination through the courts. In Bowers, the Supreme Court ruled that there was no constitutional protection for sodomy and that states could outlaw those practices. But in Lawrence, the Court overturned the Texas law--and the Bowers decision as well--because it denied due process protection to consenting adults whose sexual practices were conducted in private. Justice Kennedy's majority opinion reaffirmed a constitutionally protected right to privacy that prevented the government from regulating intimate behavior. Tracing the Court's deliberations, Richards shows how Lawrence unambiguously establishes that the right to a private life is an innately human right and that ourconstitutional right to privacy rests on the moral bedrock of equal protection. He shifts gracefully from the law to literature, and from the Courts to the wider culture, to offer a brilliant analysis of the relevant arguments, going beneath their surface to link them to the emotional and moral foundations of the controversies raging around these decisions. Both of these cases show a Supreme Court ready to take seriously the idea that homosexuals have human rights--and that these rights are the basis of judicially enforceable constitutional rights. In describing these challenges to public prejudice, Richards's book offers students and general readers new insight into the practice and theory of constitutional law.

Gibbons v. Ogden

John Marshall, steamboats, and the commerce clause
Author: Herbert Alan Johnson
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: Biography & Autobiography
Page: 198
View: 6099

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The zoning of America

Euclid v. Ambler
Author: Michael Allan Wolf
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: Law
Page: 188
View: 6422

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When the Cleveland suburb of Euclid first zoned its land in 1922, the Ambler Realty Company was left with a sizable tract it could no longer sell for industrial use--and so the company sued. What emerged was the seminal zoning case in American history, pitting reformers against private property advocates in the Supreme Court and raising the question of whether a municipality could deny property owners the right to use their land however they chose. Reconstructing the case that made zoning a central element in urban planning for cities and towns throughout America, Michael Allan Wolf provides the first book-length study of the Supreme Court's landmark Euclid v. Ambler decision. Wolf describes how the ordinance, and the defense of it, burst onto the national stage and became the focus of litigation before moving all the way to the nation's highest court. He subsequently reveals how and why Justice George Sutherland broke from the Court's conservative bloc to support the urban reform movement eager to protect residential neighborhoods from disturbances created by rapidly expanding commercial, industrial, or multifamily uses of land. Following that decision, America saw the rapid proliferation of zoning ordinances, which greatly increased the power of local government to control and rationalize urban planning. As Wolf attests, many of today's environmental and land use laws might not have been deemed legal had Euclid v. Ambler been decided differently. But he also points out the potential dangers that emerged from the decision, such as its anticompetitive impact on the real estate market, its catalyzing effect on suburban sprawl, and its establishment of a legal basis for excluding minoritygroups from neighborhoods. Wolf's compelling account makes it clear that Euclid v. Ambler fundamentally altered how we think about the urban landscape, changed the way our cities and suburbs are organized, and left a long shadow over subsequent cases such as the controversial Supreme Court decision in Kelo v. New London (2005).

Fugitive slave on trial

the Anthony Burns case and abolitionist outrage
Author: Earl M. Maltz
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: History
Page: 174
View: 1962

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Capital punishment on trial

Furman v. Georgia and the death penalty in modern America
Author: David M. Oshinsky
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: History
Page: 144
View: 8074

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In his first book since the Pulitzer Prize--winning Polio: An American Story, renowned historian David Oshinsky takes a new and closer look at the Supreme Court's controversial and much-debated stances on capital punishment--in the landmark case of Furman v. Georgia. Career criminal William Furman shot and killed a homeowner during a 1967 burglary in Savannah, Georgia. Because it was a "black-on-white" crime in the racially troubled South, it also was an open-and-shut case. The trial took less than a day, and the nearly all-white jury rendered a death sentence. Aided by the NAACP's Legal Defense Fund, Furman's African-American attorney, Bobby Mayfield, doggedly appealed the verdict all the way to the U.S. Supreme Court, which in 1972 overturned Furman's sentence by a narrow 5--4 vote, ruling that Georgia's capital punishment statute, and by implication all other state death-penalty laws, was so arbitrary and capricious as to violate the Eighth Amendment's prohibition against "cruel and unusual punishment." Furman effectively, if temporarily, halted capital punishment in the United States. Every death row inmate across the nation was resentenced to life in prison. The decision, however, did not rule the death penalty per se to be unconstitutional; rather, it struck down the laws that currently governed its application, leaving the states free to devise new ones that the Court might find acceptable. And this is exactly what happened. In the coming years, the Supreme Court would uphold an avalanche of state legislation endorsing the death penalty. Capital punishment would return stronger than ever, with many more defendants sentenced to death and eventually executed. Oshinsky demonstrates the troubling roles played by race and class and region in capital punishment. And he concludes by considering the most recent Supreme Court death-penalty cases involving minors and the mentally ill, as well as the impact of international opinion. Compact and engaging, Oshinsky's masterful study reflects a gift for empathy, an eye for the telling anecdote and portrait, and a talent for clarifying the complex and often confusing legal issues surrounding capital punishment.

The treason trials of Aaron Burr


Author: Peter Charles Hoffer
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: Biography & Autobiography
Page: 212
View: 2990

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Aaron Burr was an enigma even in his own day. Founding father and vice president, he engaged in a duel with Alexander Hamilton resulting in a murder indictment that effectively ended his legal career. And when he turned his attention to entrepreneurial activities on the frontier he was suspected of empire building-- and worse. Burr was finally arrested as a threat to national security, under suspicion of fomenting insurrection against the young republic, and then held without bail for months. His trial, witnessing the unfortunate intrusion of partisan politics and personal animosity into the legal process, revolved around a highly contentious debate over the constitutional meaning of treason. In the first book dedicated to this important case, Peter Charles Hoffer unveils a cast of characters ensnared by politics and law at the highest levels of government, including President Thomas Jefferson--one of Burr's bitterest enemies--and Chief Justice John Marshall, no fan of either Burr or Jefferson. Hoffer recounts how Jefferson's prosecutors argued that the mere act of discussing an "overt Act of War"--the constitution's definition of treason--was tantamount to committing the act. Marshall, however, ruled that without the overt act, no treasonable action had occurred and neither discussion nor conspiracy could be prosecuted. Subsequent attempts to convict Burr on violations of the Neutrality Act failed as well. A fascinating excursion into the early American past, Hoffer's narrative makes it clear why the high court's ultimate finding was so foundational that it has been cited as precedent 383 times. Along the way, Hoffer expertly unravels the tale's major themes: attempts to redefinetreason in times of crisis, efforts to bend the law to political goals, the admissibility of evidence, the vulnerability of habeas corpus, and the reach of executive privilege. He also proposes an original and provocative explanation for Burr's bizarre conduct that will provide historians with new food for thought. Deftly linking politics to law, Hoffer's highly readable study resonates with current events and shows us why the issues debated two centuries ago still matter today.

Race and Human Rights


Author: Curtis Stokes
Publisher: MSU Press
ISBN: N.A
Category: Political Science
Page: 271
View: 5204

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Following the horrific events of 9/11, the United States launched a "war on terrorism." exemplified by its invasions of Afghanistan and Iraq and the accompanying retrenchment of civil liberties here and aboard. Against this backdrop, and the growing debate about what constitutes human rights (whether, for example, it should be understood in "civil and political" or "social and economic" terms), contributors to this anthology argue that the struggle around defining and expanding the idea of human rights in the twenty-first century must be contextualized by an appreciation for the deep, persistent, and increasing levels of racial inequality in the United States and globally.

Defending Diversity

Affirmative Action at the University of Michigan
Author: Patricia Gurin
Publisher: University of Michigan Press
ISBN: 9780472113071
Category: Education
Page: 218
View: 1500

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Explores the benefits of a diverse educational setting and why affirmative action should be used as a factor for universities in their admissions programs to achieve that diversity.