Affirmative Action in Antidiscrimination Law and Policy: An by William M. Leiter

By William M. Leiter

Affirmative motion has been and remains to be the flashpoint of America’s civil rights time table. but whereas the affirmative motion literature is voluminous, no finished account of its significant felony and public coverage dimensions exists. Samuel and William M. Leiter study the starting place and development of affirmative motion, its influence on American society, its present country, and its destiny anti-discrimination function, if any. educated via numerous diversified disciplines-law, historical past, economics, sociology, political technology, city reviews, and criminology-the textual content combines the suitable criminal fabrics with research and remark from numerous specialists. This even-handed presentation of the topic of affirmative motion is bound to be a invaluable reduction to these trying to comprehend the issue’s many complexities.

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Extra resources for Affirmative Action in Antidiscrimination Law and Policy: An Overview and Synthesis

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13 Under the [first Bush] Administration, the SBA did not aggressively implement these 1987 statutory changes, but it has now done so. Moreover, in recent years there has been increasing emphasis on using competition among [§] 8(a) and SDB firms rather than sole-source procurements. Bid price preferences: Procurement reforms enacted by Congress last year [1994] authorize government-wide use of the 10 percent bid preference for SDBs which previously was a tool available primarily at DOD [Department of Defense] (the so-called “§1207 program”—see below).

In this connection, it is appropriate to glance at the other side of the Reconstruction story. 26 Affirmative Action in Antidiscrimination Law and Policy Reconstruction’s Tragic Failure For all of Reconstruction’s truly monumental long-term achievements, in its own time it proved unsuccessful. ”24 The South’s quick return to the Union, and a concurrent flurry of black political and entrepreneurial activity,25 seemed to augur well. But it was not to be. When the federal occupation force was withdrawn in 1877, thereby formally terminating Reconstruction,26 its promise had not been fulfilled.

Disparate-impact theory demands legal relief for the effects of societal bias on groups; the contrasting common law theory of disparate treatment restricts legal liability to cases of intentional discrimination against specific individuals. The contrast is most clearly visible in the area of legal proof. 54 Affirmative action’s disparate-impact pillar has been under heavy fire from the moment of its advent in the 1950s. ”56 The various manifestations of this controversy are treated throughout this volume.

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