The constitutional logic of affirmative action [electronic resource] / Ronald J. Fiscus ; edited by Stephen L. Wasby.
- Durham : Duke University Press, 1992.
- e-Duke books scholarly collection.
1 online resource (177 p.)
- Affirmative action programs -- Law and legislation -- United States -- Philosophy.
- Electronic books.
- 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 pr
- The Central Argument: The Meaning of Racial Correlations Given Nonracist Assumptions and Original Positions. Of Molecules and Mobility. Required Assumptions and the Court. Race and Cultural Ethnicity Distinguished
The Innocent Persons Argument Examined: The Innocent Person Shown to Be Guilty When Claiming Proportional Set-Aside Positions. The Innocent Persons Argument and the Court. The Misplaced Emphasis on Innocence and Blame
Proportionate and Disproportionate Quotas, The Key Distinction: Formalism. Entitlement. The Supreme Court and the Proportionality Principle. Related Constitutional Arguments
Scholarly Comment and the Proportionality Principle: Ronald Dworkin and the Rights of Whites
Applying the Principles: The Supreme Court and Affirmative Action: In General. Local versus National Standards. Applicant versus Labor Pool. The Complications of Seniority and Repeat Applications in Hiring and Promotions. Seniority, Repeat Applications, and Layoffs: The Stotts Case Revisited.
- Description based upon print version of record.
Includes bibliographical references (p. -141) and index.
Description based on online resource; title from PDF title page (publisher's Web site, viewed 12. Dez 2020)
- Wasby, Stephen L., 1937-
- Publisher Number:
- 10.1515/9780822382263 doi
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