...Some of the arguments against affirmative action include: * It is unfair to judge applicants on anything other than their merits. – There are numerous factors that a college should take into account when considering applicants – grades, test scores, and extra-curricular activities. An applicant’s race is not a legitimate factor to take into consideration because it is outside of the student’s control. It is impossible for a college to consider every aspect of a student’s background when making decisions on whom to admit. Why focus on race when there are so many other things that differentiate students from one another? * Affirmative action does not lead to true diversity. – Diversity of opinion is important in an academic community, not racial diversity. Affirmative action provides an advantage to some people because of the color of their skin. This is not an attribute that is relevant to the academic mission of a college. Affirmative action gives preferential treatment based exclusively on race, which is a purely external characteristic. * Affirmative action does not help really disadvantaged groups. – In many cases, affirmative action does not achieve its goal of helping disadvantaged minority groups. What it does is perpetuates socioeconomic inequalities by making it easy for members of racial minorities from privileged backgrounds to get into prestigious colleges while not helping members of the lower classes. * White Men Win $11 million Lawsuit for Reverse...
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...held inherent rights. Our founding fathers immediately ingrained discrimination into the bones of this country and set the stage for years of struggle to achieve equal opportunity. After 185 years of denying equal social and economic opportunities to minorities and women, America’s leaders chose to act. The actions of John F. Kennedy and Lyndon B. Johnson brought forward a plan called affirmative action: to address the under-representation of qualified minorities and women in higher education and the workplace. With a foundation that contains discrimination in its core, affirmative action did not come without controversy. It has been the central topic of notable Supreme Court cases such as University of California Regents v. Bakke, Grutter v. Bollinger, and Fisher v. University of Texas. Many who oppose affirmative action argue that race-conscious programs lead to reverse discrimination and group preferences over individual merit. Through arguments, data and research, it will be shown that affirmative action is indeed an effective remedy for addressing racial inequality in higher education and other institutions. Without it in this current time, large negative effects would be felt throughout higher education and higher education. Affirmative action’s origins stem from an executive order that John F. Kennedy wrote in regards to the hiring practices of employers. It stated “...will not discriminate against any employee or applicant for employment because of race, creed, color,...
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...Attorney FEES – Lovell * American rule: - every party takes care of Attorney fees * Some states have embraced the catalyst theory – * England has fee shifting in every civil case: - there is a SC that determines nothing in England but attorney fees. * The reality with this is that there is less litigation because any losing party has to pay the others fee. * The cost should be reasonable so you can’t just say that you billed all the amount and now need to be paid. * Civil rights attorney fee: - The second front: - The battle lines for civil rights – there is grudging attitude on court awarded attorney fees – since 1987 we have had the grudging area of the court allowing attorney fees – hard to get fees if prevailing party, hard to calculate – grudging – * The attorney fee is statutory – so congress can change the rules. * The case below – if negotiating on fees as a plaintiff then negotiate the fees in the agreement (attorney fees) – so you negotiate the fee with the settlement decree or you will be out of luck. * Dissent: - * Pg. 912- there is a 2 tier standard for a prevailing P: - * You get the fees regularly absent circumstances that would render the fee unjust. E.g pro se representation. * Garland independent school: - ct held that you don’t need a central issue standard; - just need to point to a ….. Civil Rights Attorneys’ Fees Award Act of 1976 (42 U.S.C. § 1988(b)) 1. In any action or proceeding to enforce...
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...The Court is now overseeing the case of Fisher vs. Texas over the Affirmation Act and Equal Protection Clause of the Fourteenth Amendment. The University of Texas at Austin has been using race as a factor for the admissions process and Fisher has come to believe it diminished her chances of going to the school. The Affirmative Action Act is used to eliminate discrimination due to race and other variables. By using race as a variable to be admitted into their University, Texas has committed an unconstitutional policy because it breaks the Equal Protection Clause under the Fourteenth Amendment. The Equal Protection Clause states equal privileges for all United States citizens. The affirmative action act is the policy designed to help eliminate discrimination based on race, color, religion, sex, or national origin in areas such as: businesses, education, and employment. Affirmative action was originally used to help the ongoing battle against racism towards African Americans. However, the term affirmative action was first used in President John F. Kennedy’s 1961 Executive Order 10925 which required “federal contractors to “take affirmative action to ensure that applicants are employed, and that the employees are treated during employment, without regard to their race, creed, color, or national origin.” ” In 1967 Lyndon Johnson expanded his executive order 11246 (the equivalent of Kennedy’s executive order) to include affirmative action to benefit women (Sykes). Fisher vs. The...
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...Whites Swim in Racial Preference Nathan Wood Sociology 111-001-F1 Ivy Tech Community College Muncie, Indiana The article “Whites swim in racial preference” is a phraseology comparison of fish and water in regards to the privilege of being white or Caucasian. The article by Tim Wise points to the ignorance of the most powerful man in the world in regards to the racial divide in this country even at the highest level of education. Wise also mentions a government loan program in the form of FHA loans to as many as 15 million white Americans for over thirty years. Today FHA loans are now mainly used by low income families of African American and Hispanic homebuyers. (Dedman, 1998) Privileged whites now label FHA as a form of welfare, which is amusing since so many whites benefitted from the program from the 1930’s to 1960’s. Another reference in the article referred to hard working whites, differentiating themselves from minority groups that dot the labor landscape working as maids, garbage collectors etc…as if they care not hard working due them these workers being from a specific ethnic group. While some articles I have researched seem to think The FHA loan program, was a form of social control. However, I see this more as Social Stratification as A segment of society (15 million whites) shared a distinctive pattern of rules (FHA Loans) that differed from the pattern of the larger society. Obviously other social tags could...
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...Carlos Tapia January 17, 2015 GRUTTER V. BOLLINGER 539 U.S. 206 (2003) PLAINTIFF/PETITIONER: Barbara Grutter DEFENDANT/ RESPONDENT: Lee C. Bollinger, Jr. / University of Michigan FACTS: The University of Michigan receives a high number of applicants each year to its College of Law. To help with admission decisions, the University has a point system in place. The point system is out of 100 points. A student that is from an underrepresented group automatically receives 20 points towards his or her overall score. These students are typically minority students. The Petitioner, Barbara Grutter, applied for admission to the Law School but was denied despite having an undergraduate GPA of 3.8 and LSAT of 161. Barbara Grutter, who is white, challenges the admissions practices of the University of Michigan Law School. She claimed that she was being discriminated against on the basis of her race in violation of her Constitutional rights pursuant to the Equal Protection Clause of the Fourteenth Amendment. ISSUES: Does the fact that the University’s law school considers race and ethnicity when it decides which students to admit violate the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution or the Civil Rights Act of 1964? COURTS: Trial Court: U.S. District Court = YES; Judgment granted to the Plaintiff Appellate Courts: Court of Appeals: 6th Circuit Court = NO; Reversed the Trail Court decision, Judgment for the Defendant...
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...decades ago, racism was a more violent word. This is to say that race these days usually boils down to a debate as to how it determines a person’s opportunities in life. Affirmative action was created to help shift the equilibrium struck in the U.S. as far as statistics of African Americans working in high-paying professional environments are concerned. A consequence of this action was seen in the case Bakke v. UC Regents, a case in which medical schools were setting aside racial quotas and accepting this quota of African-American students even though it was proven that their test scores were generally lower (Abernathy 1233). These quotas are not just for either race and racial equality is ultimately set when race doesn’t play a factor in whether someone gets hired or accepted into a position. There has been a host of court cases in America dealing with this “Affirmative action” issue in colleges and graduate schools. A look at this progression will help people to understand where Affirmative action is today and how colleges accept students based on race. Bakke v. UC Regents is an example case of a bigger issue in America about the fairness of affirmative action. This case is also what the first case to appear that really dealt with a racial bias as it was concerned to acceptance into a professional school. While affirmative action is not the reason in which this school set racial quotas, the idea behind setting it is the same as the idea behind affirmative action. ...
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...Supporters of affirmative action fear that the Supreme Court could curtail or further restrict the use of race-conscious admissions policies at public universities. On Wednesday, all eyes will be on Justice Anthony Kennedy, whose vote is considered pivotal in the case brought by a white Texan who has sued the University of Texas at Austin, claiming that she was denied admission to the school in 2008 because of her race. Abigail Fisher, who has since graduated from Louisiana State University, said she was subject to unequal treatment in violation of the 14th Amendment. "I was taught from the time I was a little girl that any kind of discrimination was wrong, and for an institution of higher learning to act this way makes no sense to me," Fisher said in an interview clip posted on the website of the Project on Fair Representation, a legal defense foundation that's providing her with legal representation. On the other side are lawyers for the University of Texas, who argue that, like many other universities, UT seeks to assemble a class that is diverse in innumerable ways -- including race -- and that "race is just one of many characteristics that form the mosaic presented by an applicant's file." More than 90 friend of the court briefs have been filed in the case, with the Obama administration weighing in favor of the university. Others, who support Fisher, argue that diversity can be achieved through race-neutral programs, and that race-preferential admissions policies can...
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...incentives to institutions to hiring them, accepting them into schools among other economic arenas. Some legislation, such as the Civil Rights Act of 1964, that outlawed all sorts of discrimination against anyone based on race, gender, and religion, and included desegregation of public schools. The term "affirmative action" was first used in the United States in "Executive Order” signed by President John F. Kennedy in 1961, which included a provision that government contractors "take affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to their race, creed, colour, or national origin.” In the United States, affirmative action has been the subject of numerous court cases. In Grutter v. Bollinger (2003), the Supreme Court permitted educational institutions to consider race as a factor when admitting students. In other countries, such as the United Kingdom, affirmative action is rendered illegal because it does not treat all races equally. This approach to equal treatment is described as being "colour blind." In 1995 after the case of Adarand Constructors v.Pena, Justice Thomas stated that “the constitution, federal and state laws should all be coloured blind”. Meaning these areas should treat every individual equally, removing the previous barriers that may have been present. The original idea of Affirmative action was to reduce discrimination. Ensuring that all people of any race, gender or religious affiliation are protected...
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...Affirmative Action . . . . . . . . . . . . . . . . . A. Remedial Purpose as a Justification for Affirmative Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. The Diversity Rationale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. The Arguments Against Affirmative Action . . . . . . . . . . . . . V. Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. INTRODUCTION The blockbuster race discrimination cases in recent years have all involved affirmative action and reverse discrimination. The Supreme Court has made it clear that race classifications, whether benign or invidious, will trigger rigid strict scrutiny analysis, which requires that the government prove its program is narrowly tailored to serve a compelling interest. In 2003, the Court, in Gratz v. Bollinger,1 ruled that while student diversity in educational institutions may be a compelling interest, an affirmative action program that assigned points to applicants of minority races was unconstitutional.2 In 2007, in Parents Involved in Community Schools v. Seattle School District No. 1,3 it held that two public school district plans that used race-based enrollment targets for student assignments failed strict scrutiny because the districts neither proved a compelling interest, nor demonstrated that the plans were...
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...Equality and the Constitution 4 Class 1: Slavery and the Constitution 4 1. The Original Constitution 4 2. State v. Post 4 3. Dred Scott v. Sandford (1857) 4 4. Reconstruction 5 5. Post-Reconstruction Cases 6 Class 2: The Advent of American Constitutional Law: Brown 7 6. RACIAL EQUALITY 7 7. Brown I (1954) The segregation of children in public schools based solely on race violates the Equal Protection Clause. 7 2. Brown II 8 3. What was the constitutional harm in Brown? 8 4. THEORY 8 5. Subsequent School Desegregation 9 Class 3: Local Efforts to Desegregate: Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate Impact 21 XI. Purposive Discrimination 22 ...
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...f- ^ ^ ^ tC^L X Human Resource Management R. WAYNE MONDY, SPHR in collaboration with JUDY BANDY MONDY McNeese State University Prentice Hall Boston Columbus Indianapolis New York San Francisco Upper Saddle River Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo Preface XXII Acknowledgments xxv Strategic Human Resource Management: An Overview 3 Chapter Objectives 2 HRM in Action: Not HR Branding, Employer Branding 3 Human Resource Management 4 Human Resource Management Functions 5 Staffing 5 • Trends if Innovations: Measuring Quality of Hire in Today's Environment 6 Human Resource Development 6 Compensation 7 / Safety and Health 7 Employee and Labor Relations 7 Human Resource Research 8 Interrelationships of HRM Functions 8 Dynamic Human Resource Management Environment 8 Legal Considerations 8 Labor Market 9 Society 9 Unions 10 Shareholders 10 Competition 10 Customers 10 Technology 10 Economy 11 Unanticipated Events 11 How Human Resource Management Is Practiced in the Real World 11 HR's Changing Strategic Role: Who Performs the Human Resource Management Tasks? 11 Human Resource Manager 12 HR Outsourcing 12 HR Shared Service Centers 13 Professional Employer Organizations (Employee Leasing) 13 Line Managers 14 HR as a Strategic Partner 14 A Strategic HR Example 16 A Strategic HR Audit 16 Human Capital Metrics 17 Human Resource Designations 18 Evolution of Human Resource...
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...Racial & Ethnic Short-Answer Questions (15) Should reparations be paid to the descendants of victims of slavery? • Some reject the decision made in the Bakke case that providing a remedy for the effects of racial discrimination is unconstitutional. They argue that the idea of reparations is rooted in international law. • Affirmative Action is inadequate, the ‘Maafa’ (meaning disaster, i.e., slavery) is a crime against humanity, and therefore compensation is required. • In the past 50 years apologies and financial compensation has been given to a wide range of groups, including survivors of the Jewish holocaust (as well as descendants of the victims), Japanese-Americans who were imprisoned during the Second World War and native Americans who had their land illegally seized in the USA. • African Americans have been demanding compensation for slavery since the end of the American Civil War. Immediately after the abolition of slavery, the demand was for 40 acres and a mule to ensure they would not be dependent on their former slave-owners. Then, between 1890 and 1917, there was a movement to lobby the government for pensions to compensate for their unpaid labour under slavery. Since 1989, Congressman John Conyers Jnr (Michigan) has introduced a bill every year to study the case for reparations. Each of these initiatives has been largely ignored by the political establishment. • Reparations would ensure full recognition of the scale of the Maafa and, at the same time...
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...A NEW BIRTH OF FREEDOM?: OBERGEFELL V. HODGES Kenji Yoshino The decision in Obergefell v. Hodges1 achieved canonical status even as Justice Kennedy read the result from the bench. A bare majority held that the Fourteenth Amendment required every state to perform and to recognize marriages between individuals of the same sex.2 The majority opinion ended with these ringing words about the plaintiffs: “Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”3 While Obergefell’s most immediate effect was to legalize same-sex marriage across the land, its long-term impact could extend far beyond this context. To see this point, consider how much more narrowly the opinion could have been written. It could have invoked the equal protection and due process guarantees without specifying a formal level of review, and then observed that none of the state justifications survived even a deferential form of scrutiny. The Court had adopted this strategy in prior gay rights cases.4 Instead, the Court issued a sweeping statement that could be compared to Loving v. Virginia,5 the 1967 case that invalidated bans on in––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Chief Justice Earl Warren Professor of Constitutional Law, New York University School of Law. I gratefully acknowledge receiving financial support from...
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