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Author : Susan D. Clayton
Release : 1992
Genre : Business & Economics
Kind : eBook
Book Rating : 649/5 ( reviews)
Book Synopsis Justice, Gender, and Affirmative Action by : Susan D. Clayton
Download or read book Justice, Gender, and Affirmative Action written by Susan D. Clayton. This book was released on 1992. Available in PDF, EPUB and Kindle. Book excerpt: CHAPTER 3 Relative Deprivation
Author : Michel Rosenfeld
Release : 1991-01-01
Genre : Political Science
Kind : eBook
Book Rating : 085/5 ( reviews)
Book Synopsis Affirmative Action and Justice by : Michel Rosenfeld
Download or read book Affirmative Action and Justice written by Michel Rosenfeld. This book was released on 1991-01-01. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive discussion of both the interpretive and critical issues central to the question of whether affirmative action programs are constitutional. Michel Rosenfeld presents a new theory that strongly defends the justice of affirmative action from the standpoint of both philosophy and constitutional law.
Author : Melvin I. Urofsky
Release : 1997
Genre : Law
Kind : eBook
Book Rating : /5 ( reviews)
Book Synopsis Affirmative Action on Trial by : Melvin I. Urofsky
Download or read book Affirmative Action on Trial written by Melvin I. Urofsky. This book was released on 1997. Available in PDF, EPUB and Kindle. Book excerpt: Affirmative action continues to be one of the most hotly contested issues in America. Volatile and divisive, the debates over its legitimacy have inspired a number of "reverse discrimination" suits in the federal courts. Like the landmark 1978 Bakke decision, most of these have focused on preferential treatment given racial minorities. In Johnson v. Santa Clara, however, the central issue was gender, not race discrimination, and the Supreme Court's decision in that case marked a resounding victory for women in the work force. Johnson v. Santa Clara involved two people who in 1980 competed for a dispatcher position with the transportation department of Santa Clara County, California. Paul Johnson had more experience and slightly higher test scores, but Diane Joyce was given the job based on affirmative action. An irate Johnson sued the county and won, only to have the decision reversed in appellate court. That reversal was subsequently upheld in the Supreme Court's 1987 decision, reaffirming that it was legitimate for employers to consider gender in hiring. Preeminent legal historian Melvin Urofsky proves an exemplary guide through the complexities of this case as he takes us from the workplace through the various levels of our federal court system. Balancing the particulars of the case with an overview of constitutional law and judicial process, he creates a model legal history that is both appealing and enlightening for the non-scholar. Urofsky is especially good at highlighting the fundamental human drama of this case and shows how Johnson and Joyce were simply ordinary people, each with valid reasons for their actions, but both ultimately caught up in legal and social issues that reached well beyond their own lives. Affirmative Action on Trial pointedly addresses the issue of sex discrimination and the broader controversy over the place of affirmative action in American society. The latter continues to generate headlines, like those that followed the 1996 Supreme Court decision to let stand a lower-court ruling that race cannot be used as a determination for admission to academic programs. More recently, several states have even taken steps to end affirmative action altogether. While it's hard to tell how such actions will ultimately impact affirmative action, there's no question that the rulings in cases like Johnson v. Santa Clara will continue to guide and influence the debates both inside and outside the courtroom.
Author : David Kirp
Release : 1986-12
Genre : Business & Economics
Kind : eBook
Book Rating : 655/5 ( reviews)
Book Synopsis Gender Justice by : David Kirp
Download or read book Gender Justice written by David Kirp. This book was released on 1986-12. Available in PDF, EPUB and Kindle. Book excerpt: Tracing the way various public policies have evolved, David L. Kirp, Mark G. Yudof, and Marlene Strong Franks find that the profusion of legislation and court decisions masks an uncertain and problematic sense of what gender-based justice means. They show that even policies not ostensibly concerned with gender—from tax codes to health benefits—have a significant effect on sexual equality. They argue that whether or not it intends to do so, our government is setting gender policies. Pointing out that individual autonomy is the essential component of a just society, they endorse a policy that encourages choice rather than one that promotes particular outcomes.
Author : Deborah L. RHODE
Release : 2009-06-30
Genre : Law
Kind : eBook
Book Rating : 670/5 ( reviews)
Book Synopsis Justice and Gender by : Deborah L. RHODE
Download or read book Justice and Gender written by Deborah L. RHODE. This book was released on 2009-06-30. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to provide a comprehensive investigation of gender and the law in the United States. Deborah Rhode describes legal developments over the last two centuries against a background of historical and sociological changes in women's activities and attitudes toward these new developments. She shows the way cultural perceptions of gender influence and in turn are influenced by legal constructions, and what this complicated interaction implies about the possibility-or impossibility-of using law as a tool of social change. Table of Contents: Introduction Part One: Historical Frameworks 1. Natural Rights and Natural Roles Domesticity as Destiny The Emergence of a Feminist Movement Nineteenth-Century Legal Ideology: Separate and Unequal 2. The Fragmentation of Feminism and the Legalization of Difference The Postsuffrage Women's Movement Separate Spheres and Legal Thought Part Two: Equal Rights in Retrospect 3. Feminist Challenges and Legal Responses The Growth of the Contemporary Women's Movement Governmental Rejoinders Liberalism and Liberation 4. The Equal Rights Campaign Instrumental Claims Symbolic Underpinnings Political Strategies Requiems and Revivals 5. The Evolution of Discrimination Doctrine The Search for Standards Separate Spheres Revisited: Bona Fide Occupational Qualifications Definitions of Difference Part Three: Contemporary Issues 6. False Dichotomies Benign and Invidious Discrimination in Welfare Policy: Elderly Women and Social Security Special Treatment or Equal Treatment: Pregnancy, Maternal, and Caretaking Policy Public and Private: Social Welfare and Childcare Policies 7. Competing Perspectives on Family Policy Form and Substance: The Marital-Nonmarital Divide Lesbian-Gay Rights and Social Wrongs Equality and Equity in Divorce Reform Text and Subtext in Custody Adjudication 8. Equality in Form and Equality in Fact: Women and Work Occupational Inequality The Legal Response Employment Policy and Structural Change 9. Reproductive Freedom The Historical Legacy Abortion Adolescent Pregnancy Reproductive Technology 10. Sex and Violence Sexual Harassment Domestic Violence Rape Prostitution Pornography 11. Association and Assimilation Private Clubs and Public Values Education Athletics Different But Equal Conclusion: Principles and Priorities Differences over Difference Differences over Sameness Theory about Theory Legal Frameworks Notes Index Reviews of this book: Rhode's work is impressive in its scholarship and its range...a compelling account. --Josephine Shaw, International and Comparative Law Quarterly Reviews of this book: The definitive treatment of the American legal system's struggle to deal with issues pertaining to gender...The strength of Rhode's analysis, however, is not its historical aspect but its probing view of modern gender issues...The focus is always on the deeper forces that have led to gender disadvantage...There is much to be learned from reading this volume. --Victoria J. Dodd, Bimonthly Review of Law Books Reviews of this book: A comprensive journey through the history of law and gender...The book is important in a number of ways...[It] paints in stark, irrefutable colors the irrational prejudices that have served to justify legal determinations limiting equality...[I]t has the audacity to ask the law to turn on itself and work more justly. --Sheila James Kuehl, California Lawyer Reviews of this book: Encyclopedic.. . Thorough, carefully nuanced ... [Rhode] gives all sides their fair due on every issue she takes up... A valuable resource for many years to come. --Susan 0kin, Law and Social Inquiry Justice and Gender breaks the impasse created by legal and theoretical debates over 'sameness' and 'difference.' Deborah Rhode's brilliant analysis of gender and the law in the United States from the nineteenth century to the present argues persuasively for theories rooted in careful contextual analysis and for a legal emphasis on gender disadvantage rather than gender difference. This book offers a new vantage point from which to think about the role of law in building a just society. --Sarah M. Evans, University of Minnesota
