By Steven M. Cahn
Read or Download Affirmative Action and the University: A Philosophical Inquiry PDF
Similar constitutional law books
This booklet examines the "constitutional faith" that has, when you consider that 1788, been a relevant section of American "civil faith. " by way of taking heavily the parallel among wholehearted recognition of the structure and non secular religion, Sanford Levinson opens up a bunch of interesting questions on what it capability to be American.
European Consensus and the Legitimacy of the European Court of Human Rights
To be able to be powerful, overseas tribunals could be perceived as valid adjudicators. ecu Consensus and the Legitimacy of the eu courtroom of Human Rights offers in-depth analyses on even if eu consensus is in a position to bettering the legitimacy of the eu court docket of Human Rights (ECtHR).
Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives
Curiosity in constitutionalism and within the dating between constitutions, nationwide identification, and ethnic, spiritual, and cultural range has soared because the cave in of socialist regimes in jap Europe and the previous Soviet Union. considering that international struggle II there has additionally been a proliferation of recent constitutions that fluctuate in numerous crucial respects from the yank structure.
Dedication to loose speech is a basic principle of all liberal democracies. although, democracies can vary considerably whilst addressing the constitutionality of legislation regulating yes sorts of speech. within the usa, for example, the dedication to unfastened speech less than the 1st modification has been held by means of the best courtroom to guard the general public expression of the main noxious racist ideology and accordingly to render unconstitutional even slim regulations on hate speech.
- Buddhism and Law: An Introduction
- Discrimination Law
- Preemption Choice: The Theory, Law, and Reality of Federalism's Core Question
- Executive Measures, Terrorism and National Security: Have the Rules of the Game Changed?
- Historical Encyclopedia of U.S. Independent Counsel Investigations
Additional resources for Affirmative Action and the University: A Philosophical Inquiry
The supposition would then be that affirmative action becomes a continuing source of entrenched privilege. This suppositiorl works quite differently for process-directed and outcome-directed methods of affirmative action. Affirmative action that corrects a discriminatory practice by replacing it with a nondiscriminatory one does not introduce or entrench privilege. It displaces existing privilege. Open advertising of positions, for example, has displaced privileged access to information about jobs.
Yet if discrimination is a wrong, we should not define the problem in terms of assumptions that militate against its identification. When universities consider voluntary strategies to root out discrimination (rather than whether they are likely to be subjected to a successful lawsuit after Wards Cove), they should therefore focus on larger patterns rather than particular appointments decisions. Once the subject practice has been identified, the next step is to decide what makes a practice discriminatory.
Suppose instead that we take Sowell's argument as a hypothesis about what is likely to happen when affirmative action is used frequently to correct process-based discrimination. The supposition would then be that affirmative action becomes a continuing source of entrenched privilege. This suppositiorl works quite differently for process-directed and outcome-directed methods of affirmative action. Affirmative action that corrects a discriminatory practice by replacing it with a nondiscriminatory one does not introduce or entrench privilege.