The constitutional logic of affirmative action / Ronald J. Fiscus ; edited by Stephen L. Wasby.

Format:

Book

Author/Creator:

Fiscus, Ronald Jerry.

Contributor:

Wasby, Stephen L., 1937-

Series:

e-Duke books scholarly collection.

Language:

English

Subjects (All):

Affirmative action programs--Law and legislation--United States--Philosophy.

Affirmative action programs.

Distributive justice.

Physical Description:

1 online resource (177 p.)

Place of Publication:

Durham : Duke University Press, 1992.

Language Note:

English

Summary:

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

Contents:

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.

Notes:

Description based upon print version of record.

Includes bibliographical references (p. [129]-141) and index.

ISBN:

9786613062659

9781283062657

1283062658

9780822382263

0822382261

OCLC:

191222381