Affirmative Action in Antidiscrimination Law and Policy

Acknowledgments


1. Introduction


The Topic
A Thumbnail History
The Book
Remembrance of Things Past
Note on Citations
Appendix to Chapter One: A Sampler of Federal Affirmative Action Programs Explicitly Mandated or Authorized by Statute or Administrative Regulation


2. The Roots of Affirmative Action, the Women's Movement, and the Groups Covered by Affirmative Action


Reconstruction and the Origins of Affirmative Action
White Supremacy and the Origins of Disparate Impact
The Women's Movement: The First and Second "Waves"
Which Groups Should Be Eligible for Affirmative Action Benefits?

3. The Career of Affirmative Action in Employment


Prologue
Title VII and Employment Discrimination
The Midcareer of Employment Affirmative Action
Hostilities ResumeThe Unresolved Issues of Affirmative Action in Employment


Appendixes to Chapter Three


Appendix One: Uniform Guidelines on Employee Selection Procedures
Appendix Two: Affirmative Action Guidelines of the Equal Employment Opportunity Commission
Appendix Three: Office of Federal Contract Compliance Programs: Affirmative Action Programs


4. Affirmative Action and the Primary and Secondary Schools


Prologue
The Epochal Brown Ruling
Brown's Progeny
Recent Scholarship on School Integration
The Meaning of Brown I
Ethnocentrism, Affirmative Action, and Bilingual Education
The Twilight of Public School Racial/Ethnic Balancing, and the Continuing Quest for Reform


5. Affirmative Action in Higher Education


Prologue
Affirmative Action and Student Admissions: Bakke and the Scholarly Debate
Strict Scrutiny and University Admissions: The Hopwood Case
The Unresolved Controversy over Nonremedial Affirmative Action
The Formerly De Jure Segregated Universities: The Historically Black Colleges and the Traditionally White Institutions
Gender Discrimination and Education


6. Affirmative Action and the Political Representation of Minorities

The 1965 Voting Rights Act and Its Amendments
The "Racial-Gerrymander" Cases of the 1990s and the Constitutional Requirements of the Equal Protection Clause
Women and Electoral Politics
Epilogue


7. Affirmative Action and Fair Housing


Prologue
Housing Segregation
Federal Antidiscrimination Law Affecting Housing
Integration Achievement and Maintenance
Epilogue


8. Facing Affirmative Action's Future


Prologue
Affirmative Action as an Instrument of Equal Opportunity:
Genesis, Variety, and Uncertainty
Central Legal Issues
The Ideological Clash
A Prelude to Judgment: A Sampler of Distinguished Disputants
Conclusion


Notes


Selected Bibliography


List and Index of Selected Cases


Topical Index


Index of Selected Names