The inherent irony of affirmative action

Much hinges on this argument. And the evidence keeps piling up. Labor unions had been among the most egregious and defiant offenders against fair employment policy, going back to the s.

The Sad Irony of Affirmative Action

We have fewer college professors and lawyers, too. Affirmative action came about because it was the only means of assuring that equal racial group outcomes resulted from equality of opportunity—an expectation, he argues, which was present in fair employment thinking from the outset.

Nepotism is universally a term of opprobrium or derision. These authors also dispelled the common belief that affirmative action beneficiaries "catch up" after their freshman years with their better-credentialed fellow students. The strong constitutional presumption against race discrimination in all its forms, which must be firm and unchanging to be effective, was laid aside for no good reason.

If it is the The inherent irony of affirmative action explanation for legacies, it is overwhelmingly likely to be the wrong explanation for under-represented minorities, too. He found that college GPA correlated more strongly to career choice than did the academic rank of the school attended.

How could Bowen and Bok have missed the import of their own research? But these students wind up majoring in sociology or recreation or get wiped out altogether.

Morality and Society Series. But these are difficult majors that many students abandon. While academically gifted under-represented minority students are hardly rare, there are not enough to satisfy the demand of top schools.

The Clarks showed the children two dolls that were identical except for skin and hair color: Indeed, as early asUniversity of Chicago sociologist James Davis published research demonstrating that a student who attends a school that is out of his academic league is often put at a professional disadvantage.

It remains to be seen what the Court will do in Fisher. Only their colleges are different. He refers to proponents of Title VII who made the argument in Congress that the statute would address the black-white unemployment gap the black unemployment rate being about double the white rate.

Affirmative Action VS immigration

Skrentny begins his discussion of labor unions by way of explaining the oft-noted irony of Richard Nixon doing more than perhaps anyone else to promote racial hiring quotas.

Politics, Culture and Justice in America. Insofar as familial relation usually given low rates of interracial marriage correlates very strongly with race, nepotism has been a tough antidiscrimination issue. Most opponents of affirmative action object to the principle of racial classification.

It found that the single most important cause for minority attrition from science at the selective institutions studied was the "relatively low preparation of black aspirants to science in these schools.

These gaps in entering credentials affect student performance: Unlike at other colleges and universities, credentials gaps are not an issue at the historically black institutions. Perhaps in the future, the Court will not be so flexible with its principles.

It is remarkable how much discussion of the tension between color-conscious and color-blind approaches took place beforebut the evidence shows that antidiscrimination officials always deliberately rejected color-consciousness, and were almost always supported by mainstream civil rights groups.

Nixon did not invent this issue—many labor unions had been scrutinized by state and federal fair employment advocates for decades before the Philadelphia Plan.

He used the best and most recent data available at the time, and his calculations have been verified by others, but surely confirming the results with a different and more recent database would have been useful.

But the Court probably should not have given the impression that its constitutional analysis might be shaped by the results of such an experiment. While some students will outperform their entering credentials, just as some students will underperform theirs, most students perform in the range that their entering credentials suggest.

But minority students are not public utilities; their futures should not be sacrificed to serve broader goals of social engineering. In employment, Title VII of the Act established an individual right to equal treatment without regard to race or color. When civil rights groups opposed them, they did so in couched terms.

But the report to which he refers on S. If this student instead enrolls at Princeton, however, his SAT scores will put him points below the 25th percentile for that school, likely making his academic standing very tenuous.

If later, more sophisticated research had exposed that belief as erroneous, it would be incumbent upon the Supreme Court to return to the principle that race discrimination should not be tolerated.

Initiative passed anyway, but The Shape of the River slowed the momentum of state popular initiatives in this area.The Inherent Irony of Affirmative Action Affirmative action was originally implemented with good intentionsit gave disadvantaged and underrepresented minority students moreopportunities that they otherwise would not have gotten, so why should itbe considered bad?

of Affirmative Action and United Steelworkers v. Weber Richard Lempert to allow institutions subject to Title VII to agree voluntarily to affirmative action quotas.

Irony is not a usual guide to statutory interpretation, and so it is The evil inherent in discrimination against Negroes. the irony inherent in the Court's expansion of judicial power over the political process in an area where doctrinal incoherence makes the governing legal principle inescapably political, and suggests that the Court should defer to whatever resolution of the affirmative action debate the political process is able to achieve.

Opponents of affirmative action regard using discrimination to end discrimination as an example of “the disease as cure,” as Justice Scalia put it. But John David Skrentny in The Ironies of Affirmative Action attempts to use a deeper irony in defense of affirmative action.

It is a lively, original, and provocative effort, but ultimately unconvincing. Scholars defend affirmative action in higher education "the cruel irony of the late s is that by the time we have the proof, decision-makers aren't really listening." "Affirmative.

Affirmative-action supporters worry, however, that the Court will take the opportunity to cut back severely on Grutter. They point to changes in the Court's personnel — most notably Justice Sandra Day O'Connor's replacement with Justice Samuel Alito — .

The inherent irony of affirmative action
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