Manual Controversies in Affirmative Action [3 volumes]

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Volume two discusses modern applications and debates, and volume three delves into such areas as international practices and critical race theory. Standalone essays link cause and effect and past and present as they tackle intriguing—and important—questions. When does "affirmative action" become "reverse discrimination"?

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How many decades are too many for a "temporary" policy to remain in existence? Does race- or gender-based affirmative action violate the equal protection of law guaranteed by the Fourteenth Amendment? In raising such issues, the work encourages readers to come to their own conclusions about the policy and its future application.

James A. Beckman is the first permanent chair of the Department of Legal Studies at the University of Central Florida, Orlando, where he holds tenure and is associate professor.


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He previously served as professor at the University of Tampa for over a decade. Prior to entering academia, he was an active duty military lawyer who served on the staff and faculty of the United States Military Academy at West Point as well as while on active duty assignment at Fort Meade, Maryland. Beckman also served as an attorney for the United States Department of the Treasury. Libraries Unlimited. Need Help? Over the years, affirmative action has accomplished a great deal of good but also a great deal of harm. It has affected many different facets of life for Americans. Examples of this are visible through how affirmative action has interacted with academics, business, society, and politics.

All of these have been adapted in accordance with affirmative action. This is not to say that all of the changes have been good. Some of these sectors of life have been negatively affected, if only for a short time before being repaired. This paper, beginning with generic definitions of affirmative action and followed by a brief history of affirmative action, examines the assumptions attendant to and the application of affirmative action. Over the years affirmative action has adapted to the times and to the people living in the United States.

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Likewise, the definitions have changed and there are many ways to understand them. Affirmative action was and is somewhat of a fluid policy that has changed over time. As the United States matures, so do the definitions and implications of affirmative action. Due to the dynamic nature of affirmative action, it is better defined by analyzing court rulings on the subject. Most important are the cases of Bakke , Weber , Fullilove , Gratz and Gutter Commonly known as Bakke , UC Regents v. Bakke was one of the first court cases concerning affirmative action in educational institutions.

In this case the eight justices quickly split into two groups of four; one claiming it was constitutional while the other claimed the opposite. The next case regarding affirmative action to reach the Supreme Court was Steelworkers v. Weber in This case was not about academics, rather it was concerning employment and employment practices. Fullilove v. Klutznick was the third major case to find itself in the Supreme Court.


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Unlike the two previous cases, this was a case in regard to the business sector, specifically set-asides. The Court ruled that the preferential treatment of minorities was constitutional in this instance. For about thirty years there were not many cases reaching the Supreme Court related to affirmative action. However, that changed in Gratz and Grutter raised an interesting point about the admissions processes at the University of Michigan. In Gratz v. However in Grutter v. It is interesting to examine how over time the legal definition has changed according to attitudes towards affirmative action as well as the advancement of the groups that it seeks to help.

Affirmative action has been a hotly debated subject for years now. As anything else, it has adapted over time and therefore is not easily defined. After exploring the Mirriam-Webster definition as well as the court decisions on the subject matter, a definition seems to emerge. It can be said that affirmative action was once a policy implemented to advance minorities, and later women, who had been disadvantaged in previous years.

Originally, as was shown in Bakke , Weber , and Fullilove , it was a way to level the playing field for all people. However over the years, affirmative changed and become something it was never intended to be.

In fact, it is becoming reverse racism in this day and age. An example of how affirmative action is becoming reverse racism was obvious in the Gutter and Gratz case. Although the Gratz case was ruled constitutional, it is only a matter of time before another similar case comes along and reaches a verdict of being unconstitutional. As stated previously by the author, affirmative action has had a very complex past. In order to truly grasp how affirmative action has affected academics, business, and politics, it is important to have a firm understanding of its history.

The first ideas for affirmative action came from Franklin D. At this point, the United States was in the middle of a crisis of epic proportions.

The Great Depression had taken hold of the country and Franklin D. Roosevelt was the man that claimed he would change all of that. As president, Roosevelt did all what he claimed he would and moved the country towards a brighter future. Although all of this was good, there was still segregation and discrimination in America.

Controversies in Affirmative Action

He tried to start many programs, but they were temporary and weakly enforced. Unfortunately though, these brave men were put into segregated units and usually served as laborers. Then in , Roosevelt aimed to end segregation and signed an executive order stating that there "shall be no discrimination in the employment of workers in defense industries or government because of race, creed, color, or national origins" as well as established an enforcing body p. Harry S. After that came the executive order, demanding the equal treatment and employment in the armed services.

Book Controversies In Affirmative Action [3 Volumes]

It had taken two world wars and a large-scale depression just to get this far. Until the s the word affirmative action had never been used but that would change on March 6, President John F. This executive order had taken a different approach than what had been proposed by the preceding presidents.

Prior to this, all executive orders had been attempts to create equality for disadvantaged groups in society. Executive Order specifically sought out disadvantaged groups and sought to give them preferential treatment in hiring and employment practices. Later in time, this era would become known as the Civil Right Movement.

Affirmative Action: What It Is and How it Works | Teen Vogue

Is there any hope? Affirmative Action for All Our Children: And Why College Education Should Be Free tackles the hard truth and comes up with a compelling answer to solve all of these problems: the Federal Government should completely take over the education system. According to author Alain Corcos, such a takeover needs to include the federal government financing the entire education system from preschool to college, training teachers and paying their salaries, building and maintaining school facilities, developing the best curriculum to prepare all children to face today's world, and providing tuition-free college for students willing to give back by serving their nation in some capacity for two years between the ages of eighteen and twenty.

However, time is of the essence because any change will take at least two generations to affect the nation. May 21, AM. Jan 27, AM. Apr 18, PM. Aug 21, PM. Mar 19, AM. Add a reference: Book Author. Search for a book to add a reference.


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