Download Affirmative Action in Antidiscrimination Law and Policy: An by William M. Leiter PDF
By William M. Leiter
Affirmative motion has been and is still the flashpoint of America’s civil rights time table. but whereas the affirmative motion literature is voluminous, no finished account of its significant criminal and public coverage dimensions exists. Samuel and William M. Leiter learn the starting place and progress of affirmative motion, its impression on American society, its present country, and its destiny anti-discrimination position, if any. educated by means of numerous varied disciplines-law, heritage, economics, sociology, political technological know-how, city reviews, and criminology-the textual content combines the proper felony fabrics with research and remark from various specialists. This even-handed presentation of the topic of affirmative motion is bound to be a helpful reduction to these looking to comprehend the issue’s many complexities.
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For a company to participate in the § 8(a) program, SBA must certify that the firm is controlled and operated by socially and economically disadvantaged persons. By statute, persons from certain racial and ethnic groups . . are presumed to be socially disadvantaged; persons are considered economically disadvantaged if they face “diminished capital and credit opportunities”—measured by asset and net-worth standards. 9 billion. The number of certified § 8(a) firms grew from 3,673 in 1990 to 5,833 in 1994, of which 47 percent received contract actions.
In contemporary constitutional theory, equality is a fundamental principle of our democracy. At the moment of birth, every American-born person is deemed the equal of every other American in civil rights and obligations. It is a given that civic equality—freedom as a universal entitlement—and the right to vote are the quintessential prerequisites of American freedom. But, it was not ever thus. In fact, it was not until Reconstruction that the seminal notion of federally protected equality for whites and blacks entered the constitutional landscape.
Such a study should concern itself with the following questions: Is it to be expected that a group will receive equal treatment without affirmative action? ) How closely does economic need correlate with group membership? To what extent was coming to America voluntary? ”123) Questions of the Edley-kind prompted his Harvard colleague—Orlando Patterson—to propose an attenuated affirmative action policy. ”125 This phase out stance plainly reflects Patterson’s internal struggle with the powerful pros and cons of the affirmative action controversy.