Cover image for Affirmative action in antidiscrimination law and policy : an overview and synthesis
Affirmative action in antidiscrimination law and policy : an overview and synthesis
Leiter, Samuel, 1922-
Personal Author:
Publication Information:
Albany : State University of New York Press, [2002]

Physical Description:
xi, 322 pages ; 24 cm.
Introduction -- The roots of affirmative action, the women's movement, and the groups covered by affirmative action -- The career of affirmative action in employment -- Affirmative action and the primary and secondary schools -- Affirmative action in higher education -- Affirmative action and political representation of minorities -- Affirmative action and fair housing -- Facing affirmative action's future.

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KF4755.5 .L45 2002 Adult Non-Fiction Central Closed Stacks

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A comprehensive interdisciplinary analysis of the past, present, and future of affirmative action in the United States.

Author Notes

Samuel Leiter is an attorney in private practice, specializing in civil rights and labor law.
William M. Leiter is Professor of Political Science at California State University, Long Beach.

Reviews 1

Choice Review

Perhaps it is impossible to write a book on affirmative action that is objective or that will be regarded by most readers as fair. The authors of this latest study claim that it is such a title. It is a worthwhile introduction, incorporating a range of primary and secondary sources. Yet it also consistently favors arguments against the racial remedies, which does not necessarily mean it is biased. The authors could, after all, have concluded based on evidence and logic that consideration of race in higher education admissions policies is ill advised or that its supporters are self-interested. The Leiters praise the work of Abigail Thernstrom and Stephen Thernstrom, for example, and criticize that of Gary Orfield and Christopher Edley. They treat the most important research on the topic, William Bowen and Derek Bok's The Shape of the River (CH, May'99), only by summarizing a review of the book and dismissing its key findings. Thus, this book can be warmly recommended as an addition to rather than an analysis of the debate. Libraries seeking balance might wish to include this on the con side with Bowen and Bok on the pro side of the debate. ^BSumming Up: Recommended. Upper-division undergraduates and above. F. H. Wu Howard University

Table of Contents

Acknowledgmentsp. xi
Chapter 1. Introductionp. 1
The Topicp. 1
A Thumbnail Historyp. 2
The Bookp. 3
Remembrance of Things Pastp. 5
Note on Citationsp. 5
Appendix to Chapter 1 A Sampler of Federal Affirmative Action Programs Explicitly Mandated or Authorized by Statute or Administrative Regulationp. 7
Chapter 2. The Roots of Affirmative Action, the Women's Movement, and the Groups Covered by Affirmative Actionp. 23
Reconstruction and the Origins of Affirmative Actionp. 23
White Supremacy and the Origins of Disparate Impactp. 28
The Women's Movement: The First and Second "Waves"p. 32
Which Groups Should Be Eligible for Affirmative Action Benefits?p. 34
Chapter 3. The Career of Affirmative Action in Employmentp. 39
Prologuep. 39
Title VII and Employment Discriminationp. 41
The Midcareer of Employment Affirmative Actionp. 52
Hostilities Resumep. 67
The Unresolved Issues of Affirmative Action in Employmentp. 79
Appendixes to Chapter 3
Appendix 1 Uniform Guidelines on Employee Selection Proceduresp. 87
Appendix 2 Affirmative Action Guidelines of the Equal Employment Opportunity Commissionp. 93
Appendix 3 Office of Federal Contract Compliance Programs: Affirmative Action Programsp. 99
Chapter 4. Affirmative Action and the Primary and Secondary Schoolsp. 109
Prologuep. 109
The Epochal Brown Rulingp. 114
Brown's Progenyp. 117
Recent Scholarship on School Integrationp. 119
The Meaning of Brown Ip. 124
Ethnocentrism, Affirmative Action, and Bilingual Educationp. 129
The Twilight of Public School Racial/Ethnic Balancing, and the Continuing Quest for Reformp. 134
Chapter 5. Affirmative Action in Higher Educationp. 137
Prologuep. 137
Affirmative Action and Student Admissions: Bakke and the Scholarly Debatep. 138
Strict Scrutiny and University Admissions: The Hopwood Casep. 143
The Unresolved Controversy over Nonremedial Affirmative Actionp. 150
The Formerly De Jure Segregated Universities: The Historically Black Colleges and the Traditionally White Institutionsp. 158
Gender Discrimination and Educationp. 163
Chapter 6. Affirmative Action and the Political Representation of Minoritiesp. 173
Prologuep. 173
The 1965 Voting Rights Act and Its Amendmentsp. 174
The "Racial-Gerrymander" Cases of the 1990s and the Constitutional Requirements of the Equal Protection Clausep. 185
Women and Electoral Politicsp. 195
Epiloguep. 196
Chapter 7. Affirmative Action and Fair Housingp. 203
Prologuep. 203
Housing Segregationp. 204
Federal Antidiscrimination Law Affecting Housingp. 206
Integration Achievement and Maintenancep. 212
Epiloguep. 221
Chapter 8. Facing Affirmative Action's Futurep. 223
Prologuep. 223
Affirmative Action as an Instrument of Equal Opportunity: Genesis, Variety, and Uncertaintyp. 224
Central Legal Issuesp. 225
The Ideological Clashp. 232
A Prelude to Judgment: A Sampler of Distinguished Disputantsp. 233
Conclusionp. 245
Notesp. 247
Selected Bibliographyp. 293
List and Index of Selected Casesp. 303
Topical Indexp. 307
Index of Selected Namesp. 319