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In The Making of Reverse Discrimination Ellen Messer-Davidow offers a fresh and incisive analysis of the legal-judicial discourse of DeFunis v. Odegaard (1974) and Regents of the University of California v. Bakke (1978), the first two cases challenging race-conscious admissions to professional schools to reach the US Supreme Court. While the voluminous literature on DeFunis and Bakke has focused on the Supreme Court’s far from definitive answers to important constitutional questions, Messer-Davidow closely examines each case from beginning to end. She investigates the social surrounds where the cases incubated, their tours through the courts, and their aftereffects. Her analysis shows how lawyers and judges used the mechanisms of language and law to narrow the conflict to a single white male applicant and a single white-dominated university program to dismiss the historical, sociological, statistical, and experiential facts of “systemic racism” and thereby to assemble “reverse discrimination” as a new object of legal analysis. In exposing the discursive mechanisms that marginalized the interests of applicants and communities of color, Messer-Davidow demonstrates that the construction of facts, the reasoning by precedent, and the invocation of constitutional principles deserve more scrutiny than they have received in the scholarly literature. Although facts, precedents, and principles are said to bring stability and equity to the law, Messer-Davidow argues that the white-centered narratives of DeFunis and Bakke not only bleached the color from equal protection but also served as the template for the dozens of anti–affirmative action projects—lawsuits, voter referenda, executive orders—that conservative movement organizations mounted in the following years.
Pincus assesses the nature and scope of "reverse discrimination" in the United States today, exploring what effect affirmative action actually has on white men.
The definitive reckoning with one of America’s most explosively contentious and divisive issues—from “one of our most important and perceptive writers on race and the law.... The mere fact that he wrote this book is all the justification necessary for reading it.”—The Washington Post What precisely is affirmative action, and why is it fiercely championed by some and just as fiercely denounced by others? Does it signify a boon or a stigma? Or is it simply reverse discrimination? What are its benefits and costs to American society? What are the exact indicia determining who should or should not be accorded affirmative action? When should affirmative action end, if it must? Randall Kennedy gives us a concise and deeply personal overview of the policy, refusing to shy away from the myriad complexities of an issue that continues to bedevil American race relations.
Discrimination is an incongruity in the contemporary EC. Then, the author provides an in-depth analysis of two of the post-Maastricht developments in the context of free movement: the establishment of the status of Union citizenship by the Treaty of Maastricht in 1993 and the development of that status through the Court's recent jurisprudence; and the formal completion of the internal market in 1993, as required by the provisions inserted into the EC Treaty by the Single European Act. Focusing on the central issue of whether reverse discrimination is - and should remain - outside the scope of EC law, the author explains what has been the impact of each of these developments on the question of the permissibility of reverse discrimination in EC law. A brief discussion of the available solutions to the problem and their advantages and disadvantages concludes the presentation. This is a ground-breaking study in an area of European law that has received scant academic attention so far and is just beginning to be explored. In it, scholars, policymakers and practitioners will discover a firm foundation from which to pursue and ultimately define the limits of reverse discrimination in EC law.
Kasper Lippert-Rasmussen here poses the question: "Is affirmative action morally (un)justifiable?" As a phrase that frequently surfaces in major headlines, affirmative action is a highly controversial and far-reaching issue, yet most of the recent scholarly literature surrounding the topic tends to focus on defending one side or another in a particular case of affirmative action. Lippert-Rasmussen instead takes a wide-angle view, addressing each of the prevailing contemporary arguments for and against affirmative action. In his introduction, he proposes an amended definition of affirmative action and considers what forms, from quotas to outreach strategies, may fall under this revised definition. He then analyzes the strengths and weaknesses of each position, relative to each other, and applies recent discussions in political philosophy to assess if and how each argument might justify different conclusions given different cases or philosophical frameworks. Each chapter investigates an argument for or against affirmative action. The six arguments for it consist of compensation, anti-discrimination, equality of opportunity, role model, diversity, and integration. The five arguments against it are reverse discrimination, stigma, mismatch, publicity, and merit. Lippert-Rasmussen also expands the discussion to include affirmative action for groups beyond the prototypical examples of African Americans and women, and to consider health and minority languages as possible criteria for inclusion in affirmative action initiatives. Based on the comparative strength of anti-discrimination and equality of opportunity arguments, Making Sense of Affirmative Action ultimately makes a case in favor of affirmative action; however, its originality lies in Lippert-Rasmussen's careful exploration of moral justifiability as a contextual evaluative measure and his insistence that complexity and a comparative focus are inherent to this important issue.
The New York Times best-selling book exploring the counterproductive reactions white people have when their assumptions about race are challenged, and how these reactions maintain racial inequality. In this “vital, necessary, and beautiful book” (Michael Eric Dyson), antiracist educator Robin DiAngelo deftly illuminates the phenomenon of white fragility and “allows us to understand racism as a practice not restricted to ‘bad people’ (Claudia Rankine). Referring to the defensive moves that white people make when challenged racially, white fragility is characterized by emotions such as anger, fear, and guilt, and by behaviors including argumentation and silence. These behaviors, in turn, function to reinstate white racial equilibrium and prevent any meaningful cross-racial dialogue. In this in-depth exploration, DiAngelo examines how white fragility develops, how it protects racial inequality, and what we can do to engage more constructively.
In this book, Bonilla-Silva explores with systematic interview data the nature and components of post-civil rights racial ideology. Specifically, he documents the existence of a new suave and apparently non-racial racial ideology he labels color-blind racism. He suggests this ideology, anchored on the decontextualized, ahistorical, and abstract extension of liberalism to racial matters, has become the organizational matrix whites use to explain and account for racial matters in America.
'Why are you making this about race?' This question is repeated daily in public and in the media. Calling someone racist in these times of mounting white supremacy seems to be a worse insult than racism itself. In our supposedly post-racial society, surely it’s time to stop talking about race? This powerful refutation is a call to notice not just when and how race still matters but when, how and why it is said not to matter. Race critical scholar Alana Lentin argues that society is in urgent need of developing the skills of racial literacy, by jettisoning the idea that race is something and unveiling what race does as a key technology of modern rule, hidden in plain sight. Weaving together international examples, she eviscerates misconceptions such as reverse racism and the newfound acceptability of 'race realism', bursts the 'I’m not racist, but' justification, complicates the common criticisms of identity politics and warns against using concerns about antisemitism as a proxy for antiracism. Dominant voices in society suggest we are talking too much about race. Lentin shows why we actually need to talk about it more and how in doing so we can act to make it matter less.