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A Legacy of Discrimination

A Legacy of Discrimination
Author: Lee C. Bollinger
Publisher: Oxford University Press
Total Pages: 193
Release: 2023-01-18
Genre: Law
ISBN: 0197685757

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A timely defense of affirmative action policies that offers a more nuanced understanding of how centuries of invidious racism, discrimination, and segregation in the United States led to and justifies such policies from both a moral and constitutional perspective. Since 1961, the issue of "affirmative action" has been a hotly contested legal and political issue. Intended to address our nation's often horrifying discrimination against Black Americans and other minorities, affirmative action has led over the past sixty years to far greater minority representation across a vast range of industries, government positions, and academic institutions. Nonetheless, affirmative action policies in the United States continue to fall under assault. In A Legacy of Discrimination, Lee C. Bollinger and Geoffrey R. Stone, two of America's leading constitutional scholars, trace the policy's history and the legal challenges it has faced over the decades. They argue that in order to fully comprehend affirmative action's original intent and impact, we must re-acquaint ourselves with the era in which it arose, beginning with the most important Supreme Court decision of the 20th century, 1954's Brown v. Board of Education of Topeka, Kansas. Assessing this history, Bollinger and Stone introduce subsequent, and evolving, affirmative-action case law that had the intent and effect of constraining social, educational, and economic progress for Black people and other minority groups. They demonstrate how and why affirmative action policies stand on firm legal ground and must remain protected. Further, they explain why Americans must view affirmative action as a long-term moral commitment to secure justice, especially for Black Americans, after three and a half centuries of grave injustice that violates the most essential aspirations of our nation. A timely and robust overview of the history of our nation's historical and continuing racial discrimination and of the advent of affirmative action as a critical means to address this history, this book will serve as a powerful defense of a policy that has accomplished more than most people realize in making America a fairer and more inclusive country.


Dispossession

Dispossession
Author: Pete Daniel
Publisher: UNC Press Books
Total Pages: 351
Release: 2013-03-29
Genre: Social Science
ISBN: 1469602024

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Between 1940 and 1974, the number of African American farmers fell from 681,790 to just 45,594--a drop of 93 percent. In his hard-hitting book, historian Pete Daniel analyzes this decline and chronicles black farmers' fierce struggles to remain on the land in the face of discrimination by bureaucrats in the U.S. Department of Agriculture. He exposes the shameful fact that at the very moment civil rights laws promised to end discrimination, hundreds of thousands of black farmers lost their hold on the land as they were denied loans, information, and access to the programs essential to survival in a capital-intensive farm structure. More than a matter of neglect of these farmers and their rights, this "passive nullification" consisted of a blizzard of bureaucratic obfuscation, blatant acts of discrimination and cronyism, violence, and intimidation. Dispossession recovers a lost chapter of the black experience in the American South, presenting a counternarrative to the conventional story of the progress achieved by the civil rights movement.


When Affirmative Action Was White: An Untold History of Racial Inequality in Twentieth-Century America

When Affirmative Action Was White: An Untold History of Racial Inequality in Twentieth-Century America
Author: Ira Katznelson
Publisher: W. W. Norton & Company
Total Pages: 272
Release: 2006-08-17
Genre: History
ISBN: 0393347141

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A groundbreaking work that exposes the twisted origins of affirmative action. In this "penetrating new analysis" (New York Times Book Review) Ira Katznelson fundamentally recasts our understanding of twentieth-century American history and demonstrates that all the key programs passed during the New Deal and Fair Deal era of the 1930s and 1940s were created in a deeply discriminatory manner. Through mechanisms designed by Southern Democrats that specifically excluded maids and farm workers, the gap between blacks and whites actually widened despite postwar prosperity. In the words of noted historian Eric Foner, "Katznelson's incisive book should change the terms of debate about affirmative action, and about the last seventy years of American history."


The Color of Law: A Forgotten History of How Our Government Segregated America

The Color of Law: A Forgotten History of How Our Government Segregated America
Author: Richard Rothstein
Publisher: Liveright Publishing
Total Pages: 246
Release: 2017-05-02
Genre: Social Science
ISBN: 1631492861

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New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.


Racism

Racism
Author: George M. Fredrickson
Publisher: Princeton University Press
Total Pages: 228
Release: 2015-09-15
Genre: History
ISBN: 1400873673

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Are antisemitism and white supremacy manifestations of a general phenomenon? Why didn't racism appear in Europe before the fourteenth century, and why did it flourish as never before in the eighteenth and nineteenth centuries? Why did the twentieth century see institutionalized racism in its most extreme forms? Why are egalitarian societies particularly susceptible to virulent racism? What do apartheid South Africa, Nazi Germany, and the American South under Jim Crow have in common? How did the Holocaust advance civil rights in the United States? With a rare blend of learning, economy, and cutting insight, George Fredrickson surveys the history of Western racism from its emergence in the late Middle Ages to the present. Beginning with the medieval antisemitism that put Jews beyond the pale of humanity, he traces the spread of racist thinking in the wake of European expansionism and the beginnings of the African slave trade. And he examines how the Enlightenment and nineteenth-century romantic nationalism created a new intellectual context for debates over slavery and Jewish emancipation. Fredrickson then makes the first sustained comparison between the color-coded racism of nineteenth-century America and the antisemitic racism that appeared in Germany around the same time. He finds similarity enough to justify the common label but also major differences in the nature and functions of the stereotypes invoked. The book concludes with a provocative account of the rise and decline of the twentieth century's overtly racist regimes--the Jim Crow South, Nazi Germany, and apartheid South Africa--in the context of world historical developments. This illuminating work is the first to treat racism across such a sweep of history and geography. It is distinguished not only by its original comparison of modern racism's two most significant varieties--white supremacy and antisemitism--but also by its eminent readability.


Racism and the Law

Racism and the Law
Author: Gerald Postema
Publisher: Springer Science & Business Media
Total Pages: 113
Release: 2013-03-14
Genre: Law
ISBN: 9401589771

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Plessy v Ferguson (1897) established racial segregation in American constitutional law for over fifty years and its moral and political legacy lives on, despite attempts in the United States to counter its devastating effects during the last half century. Ironically, in the current debate over affirmative action, Justice Harlan's eloquent dissent has been used to justify attacks on government affirmative action programs. In this book, five distinguished philosophers and constitutional theorists, working from very different theoretical positions, take a fresh critical look at the moral and political principles underlying this historic decision and Harlan's dissent. They also explore the nature and extent of law's complicity in perpetuating Plessy's racialist aims. Emerging from their varied but complementary analyses is a deeper and more nuanced understanding of the social injustice of racial segregation in its historic and contemporary forms and of resources of the law to reverse it.


Affirmative Action for the Rich

Affirmative Action for the Rich
Author: Richard D. Kahlenberg
Publisher:
Total Pages: 0
Release: 2012-03
Genre: Business & Economics
ISBN: 9780870785191

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The use of race-based affirmative action in higher education has given rise to hundreds of books and law review articles, numerous court decisions, and several state initiatives to ban the practice. However, surprisingly little has been said or written or done to challenge a larger, longstanding "affirmative action" program that tends to benefit wealthy whites: legacy preferences for the children of alumni. "Affirmative Action for the Rich" sketches the origins of legacy preferences, examines the philosophical issues they raise, outlines the extent of their use today, studies their impact on university fundraising, and reviews their implications for civil rights. In addition, the book outlines two new theories challenging the legality of legacy preferences, examines how a judge might review those claims, and assesses public policy options for curtailing alumni preferences. The book includes chapters by Michael Lind of the New America Foundation; Peter Schmidt of the "Chronicle of Higher Education"; former "Wall Street Journal" reporter Daniel Golden; Chad Coffman of Winnemac Consulting, attorney Tara O'Neil, and student Brian Starr; John Brittain of the University of the District of Columbia Law School and attorney Eric Bloom; Carlton Larson of the University of California--Davis School of Law; attorneys Steve Shadowen and Sozi Tulante; Sixth Circuit Court Judge Boyce F. Martin Jr. and attorney Donya Khalili; and education writer Peter Sacks.


The Legacy of Racism for Children

The Legacy of Racism for Children
Author: Margaret C. Stevenson
Publisher: Oxford University Press
Total Pages: 304
Release: 2020-06-12
Genre: Psychology
ISBN: 0190056754

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When children become entangled with the law, their lives can be disrupted irrevocably. When those children are underrepresented minorities, the potential for disruption is even greater. The Legacy of Racism for Children: Psychology, Law, and Public Policy examines issues that arise when minority children's lives are directly or indirectly influenced by law and public policy. Uniquely comprehensive in scope, this trailblazing volume offers cutting-edge chapters on the intersections of race/ethnicity within the context of child maltreatment, child dependency court, custody and adoption, familial incarceration, school discipline and the "school-to-prison pipeline," juvenile justice, police/youth interactions, and jurors' perceptions of child and adolescent victims and defendants. The book also includes chapters focused on troubling situations that are less commonly researched, but growing in importance, including the role of race and racism in child sex trafficking and US immigration law and policy. Thus, individual chapters explore myriad ways in which law and policy shape the lives of marginalized children and adolescents - racial and ethnic minorities - who historically and presently are at heightened risk for experiencing disadvantageous consequences of law and policy. In so doing, The Legacy of Racism for Children can help social scientists to understand and work to prevent the perpetuation of racial discrimination in American laws and public policies.


On the Limits of the Law

On the Limits of the Law
Author: Stephen C. Halpern
Publisher: JHU Press
Total Pages: 422
Release: 1995
Genre: Education
ISBN: 9780801848971

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On the Limits of the Law is Stephen Halpern's compelling examination of the legal struggle to control the enforcement of Title VI of the 1964 Civil Rights Act -- the historic provision prohibiting racial discrimination in programs receiving federal financial assistance. Although the provision appeared to have immense power to fight racial inequality in education,Halpern argues, attacking the problem through legal rights and litigation distorted our understanding of educational inequality based on race and limited the remedies used to address it. "Stephen Halpern has made a substantial and original contribution to the analysis of law and civil rights. Concentrating on original or primary sources and including very informative interviews, he offers a superb review of the historical and political context of the Civil Rights Act of 1964 and the United States Supreme Court's desegregation decisions. All who are interested in civil rights history and enforcement, the administrative process, and the role of courts in pursuing racial and social justice will want to read this book." -- Kenneth Tollett, Howard University


Legacy of Hate: A Short History of Ethnic, Religious and Racial Prejudice in America

Legacy of Hate: A Short History of Ethnic, Religious and Racial Prejudice in America
Author: Philip Perlmutter
Publisher: Routledge
Total Pages: 344
Release: 2015-07-17
Genre: History
ISBN: 1317466225

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For all its foundation on the principles of religious freedom and human equality, American history contains numerous examples of bigotry and persecution of minorities. Now, author Philip Perlmutter lays out the history of prejudice in America in a brief, compact, and readable volume. Perlmutter begins with the arrival of white Europeans, moves through the eighteenth and industrially expanding nineteenth centuries; the explosion of immigration and its attendant problems in the twentieth century; and a fifth chapter explores how prejudice (racial, religious, and ethnic) has been institutionalized in the educational systems and laws. His final chapter covers the future of minority progress.