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Civil Rights

Civil Rights. 10/8/07. Proponents of Affirmative Action. Three goals Need for procedural fairness Need to remedy past discrimination Need to promote diversity. Procedural Fairness. Affirmative action is a protection for procedural fairness.

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Civil Rights

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  1. Civil Rights 10/8/07

  2. Proponents of Affirmative Action • Three goals • Need for procedural fairness • Need to remedy past discrimination • Need to promote diversity

  3. Procedural Fairness • Affirmative action is a protection for procedural fairness. • Kennedy 1961: Absent AA, there will be discrimination. • Discrimination: only in selection process.

  4. Past Discrimination • Affirmative action is a remedy for the history of discrimination. • Johnson 1965: “Scars of centuries” mean no fair competition. • Discrimination: evident in everything because of accumulated advantage and accumulated disadvantage.

  5. Diversity • Affirmative action promotes diversity. • Grutter v. Bollinger (2003): "a compelling interest in obtaining the educational benefits that flow from a diverse student body." • Discrimination?

  6. Opponents of AA • Reverse Discrimination • Bakke (1978): Upheld AA in principle but stated that rigid quota systems constitute reverse discrimination. • Gratz v. Bollinger (2003): applicants must receive “individualized consideration” • Central claims: reverse discrimination, special rights, unwarranted preferences • Discrimination: is individual and contained in the process, not systemic and contextualized in history.

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