Negative action against Asian Americans: the internal instability of Dworkin's defense of affirmative action
Article Abstract:
Equal protection jurisprudence regarding affirmative action in college and university admissions should apply the banned meanings approach to admissions policies that use race as a criteria instead of the equality approach of Ronald Dworkin. The banned meanings approach focuses on whether racial categories are being used to stigmatize people of a particular race. Using this test, admissions policies that attempt to cap Asian-American student admissions at some baseline would fail. Admissions policies that treat Asian-American students neutrally and promote admissions of other minority students would be acceptable.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1996
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Creating space for racial difference: the case for African-American schools
Article Abstract:
African-American schools can be justified by affirmative action doctrine according to Supreme Court decisions in City of Richmond v J.A. Croson Co and Metro Broadcasting Inc v Federal Communications Commission. The racial preference in African-American schools, such as those in Milwaukee, WI, and Detroit, MI, is narrowly designed to meet goals of group empowerment and accommodates individual choice within the racial group. The schools meet the purposes of remedying cultural victimization and increasing diversity. However, the schools should not exclude black females as originally planned.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1992
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Silent segregation in our nation's schools
Article Abstract:
Ability grouping, or 'tracking,' in public schools is an oblique form of school segregation that denies low-tracked minority children their constitutional right to equal educational opportunities. Alternatives to tracking include heterogeneous grouping, project-based instruction, and individualized instruction. Court challenges to ability grouping on the basis of 'disparate impact' have been unsuccessful. Filing Title VI complaints with the Office of Civil Rights might be used as a starting point to combat ability grouping practices.
Publication Name: Harvard Civil Rights-Civil Liberties Law Review
Subject: Social sciences
ISSN: 0017-8039
Year: 1999
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