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Few issues are as mired in rhetoric and controversy as affirmative action. This is certainly no less true now as when Ronald J. Fiscus’s The Constitutional Logic of Affirmative Action was first published in 1992. The controversy has, perhaps, become more charged over the past few years. With this compelling and rigorously reasoned argument for a constitutional rationale of affirmative action, Fiscus clarifies the moral and legal ramifications of this complex subject and presents an important view in the context of the ongoing debate. Beginning with a distinction drawn between principles of compensatory and distributive justice, Fiscus argues that the former, although often the basis for ju...
On March 8, 1971, the Supreme Court of the United States decided a case, Griggs v. Duke Power Co., brought by thirteen African American employees who worked as common laborers and janitors at one of Duke Power’s facilities. The decision, in plaintiffs’ favor, marked a profound and enduring challenge to the dominance of white males in the workplace. In this book, Robert Belton, who represented the plaintiffs for the NAACP Legal Defense Fund and argued the case in the lower courts, gives a firsthand account of legal history in the making—and a behind-the-scenes look at the highly complex process of putting civil rights law to work. Title VII of the Civil Rights Act of 1964 eliminated muc...
The first book-length study of civil rights litigation from the late 1960s through the early 1980s, Race Relations Litigation in an Age of Complexity fills a void in the scholarly literature on American courts and poltics in the post Brown versus Board of Education era.
Focusing on the Supreme Court as an integral part of the policy-making process, Susan Lawrence examines how a change in who has access to the Court, and the nature of the institutions that structure that access, has affected its agenda setting and doctrinal development. In her analysis of cases sponsored by the Legal Services Program (LSP) before the Supreme Court during the 1966 through 1974 terms, she explores the effect of this agency in creating a voice for the poor in the judicial policy-making process. The Court's response to cases presented by the LSP--as exemplified in its decisions to invalidate residency requirements for welfare recipients (Shapiro v. Thompson, 1969) but uphold max...
The U.S. Supreme Court is the quintessential example of a court that expanded its agenda into policy areas that were once reserved for legislatures. Yet scholars know very little about what causes attention to various policy areas to ebb and flow on the Supreme Court’s agenda. Vanessa A. Baird’s Answering the Call of the Court: How Justices and Litigants Set the Supreme Court Agenda represents the first scholarly attempt to connect justices’ priorities, litigants’ strategies, and aggregate policy outputs of the U.S. Supreme Court. Most previous studies on the Supreme Court’s agenda examine case selection, but Baird demonstrates that the agenda-setting process begins long before jus...
A former member of the Civil Rights Division of the US Department of Justice, established in 1957, explains the agency's role in combating institutionalized racism. He discusses political realities, national priorities, the widening of the mandate, weathering political shifts in Washington, conflicts between career civil servants and political appointees, and other aspects. He also analyzes the consequences of its litigation positions and considers whether the structure of enforcement should be changed. Annotation copyrighted by Book News, Inc., Portland, OR
The National Political Science Review is the official publication of the National Conference of Black Political Scientists. This series, now entering its fourth volume, includes significant scholarly research reflecting the diverse interests of scholars from various backgrounds who use different models, approaches, and methodologies. The central focus is on politics and policies that advantage or disadvantage groups because of race, ethnicity, gender, and other major variables. In his introduction to this volume, Matthew Holden describes the rationale for the creation of American racial stratification, and boldly shows how American intellectuals have helped reinforce that stratification. Several chapters discuss conflicts in contemporary views of the United States, ranging from a belief in its being a free society to the historical reality of the nation's background as a slave society. Other chapters address the international problem of racial stratification, concentrating on Nigeria and South Africa.
Examines whether the Indian Supreme Court can produce progressive social change and improve the lives of the relatively disadvantaged.