...broadcast on the landmark case of Grutter v. Bollinger (2003) *Anonymous person in their car driving to work tunes in on a popular morning radio show* Maryam Abdul-Kareem (Main female radio show host): *Begins enthusiastically* Good morning Philadelphia! And thank you for tuning in to the one and only radio show that provides you with the latest about America and your very much needed morning coffee. It’s Phila209 and we’re getting started. Gregg Brown (Male radio co-host): *Clears throat before starting off* Since it’s a fine November Monday morning I’d like to begin this hour and a half off with an interesting topic we haven’t spoken...
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...and management development, and employee support programs.[2] The impetus towards affirmative action is to redress the disadvantages[3][4][5][6][7] associated with overt historical discrimination.[8] Further impetus is a desire to ensure public institutions, such as universities, hospitals and police forces, are more representative of the populations they serve.[9] Affirmative action is a subject of controversy. Some policies adopted as affirmative action, such as racial quotas or gender quotas for collegiate admission, have been criticized as a form of reverse discrimination, and such implementation of affirmative action has been ruled unconstitutional by the majority opinion of Gratz v. Bollinger. Affirmative action as a practice was upheld by the court's decision in Grutter v. Bollinger.[10] Affirmative action in the United States began as a tool to address the persisting inequalities for African Americans in the 1960s. This specific term was first used to describe US government policy in 1961. Directed to all government contracting agencies, President John F. Kennedy's Executive Order 10925 mandated "affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin."[11] Four years later, President Lyndon B. Johnson elaborated on the importance of affirmative action to achieving true...
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...Narrow forms of affirmative action have survived, legally and politically, only to the extent that they can be distinguished from quotas. Quotas are so widely regarded as legally, politically, and morally repugnant that they are taboo: The “q-word”[4] is rarely the subject of any serious debate, even by those who favor stronger civil rights protections for women and minorities. The related belief in the illegitimacy of ever pursuing numerically informed demographic balance – especially along lines of race or gender -- is gaining strength in the Supreme Court’s major antidiscrimination cases in the last several years.[5] It is widely accepted – even by civil rights advocates – that pursuing racial or gender balance as a goal, “for its own sake,” would be illegitimate.[6] This principle threatens the constitutionality of race-based affirmative action, which may meet its demise in Fisher v. Texas next Term. Meanwhile, in Europe, quotas have made a definitive comeback, as a way of pursuing gender equality. Legislative and constitutional transformations over the last few years have led to the adoption of various policies requiring gender parity quotas in positions of political and economic power. Gender balance is regarded not only as a justifiable and legitimate goal, but as a permanent and enduring...
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...District Progress Monitoring Exam. The words in italics are suggested related concepts for your study. Fall 2013 DPM: End of Sem – AP Govt Blueprint of TEKS (1) History. The student understands how constitutional government, as developed in America and expressed in the Declaration of Independence, the Articles of Confederation, and the U.S. Constitution, has been influenced by ideas, people, and historical documents. The student is expected to: (E) examine debates and compromises that impacted the creation of the founding documents; 3/5 Compromise, Great Compromise, voting qualifications, selection of president, bicameral legislature 2) History. The student understands the roles played by individuals, political parties, interest groups, and the media in the U.S. political system, past and present. The student is expected to: (A) give examples of the processes used by individuals, political parties, interest group or the media to affect public policy; voting, electioneering, lobbying, watchdog (B) analyze the impact of political changes brought about by individuals, political parties, interest groups, or the media, past and present. (3) Geography. The student understands how geography can influence U.S. political divisions and policies. The student is expected to: (C) explain how political divisions are crafted and how they are affected by Supreme Court decisions such as Baker v. Carr. (7) Government. The student understands the American beliefs and principles reflected...
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...Oxford’s Research-Based Affirmative Action December 10, 2010, 2:58 pm By Richard Kahlenberg A large-scale British study, released last week, gives new empirical support for the drive to provide affirmative action to “strivers,” less advantaged students who, despite obstacles, perform fairly well academically. The research finds that students who attended regular “comprehensive” (public) secondary schools did better in college than those who scored at the same level on standardized admissions exams and attended “independent” (private) or “grammar” (selective public) schools. Pointing to the study last week, Oxford University’s dean of undergraduate admissions, Mike Nicholson, created waves when he declared that students who do well at poor performing secondary schools “may have more potential” than those from more-advantaged schools, and that universities should consider the context in which students compile an academic record. In the United States, universities have claimed for years that admissions officers consider socioeconomic obstacles a student has overcome, though evidence suggests that on average, at the most selective 146 institutions, they do not. The new study, published by the British National Foundation for Educational Research and the Sutton Trust, a private foundation, was five years in the making and examined 8,000 students. It found that students from independent or grammar schools performed the same in college as comprehensive-school students who scored...
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...JOHN MOLSON SCHOOL OF BUSINESS DEPARTMENT OF MANAGEMENT Course Outline BUSINESS LAW & ETHICS COMM 315/2 Section CC Fall 2013 Instructor: Renée Desrosiers de Lanauze Office: Part-time lecturer's office MB 13th floor E-mail: renee@delanauze.com Office Hours: by appointment COURSE DESCRIPTION: Through the study of laws, ethical principles and court judgments, this course will introduce students to important legal and ethical issues that they may encounter within a business organization. In today’s environment of social awareness, business can no longer focus solely on maximizing profits and must recognize and respect its legal and ethical obligations to a wide range of stakeholders, both within and outside of the business organization. These stakeholders include employees, management, shareholders, directors, officers, the immediate community and society at large. COURSE OBJECTIVES: By the end of this course, students will be able to: 1) demonstrate an understanding of the relationship between law and ethics and how these two principles should not be treated as mutually exclusive; 2) select the most effective solutions to legal and ethical issues that may be encountered within the workplace; 3) identify the appropriate steps to be followed in both the legal and ethical decision making processes; 4) apply material learned in this course in order to analyze and propose solutions to legal and ethical problems. ...
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...Affirmative Action . . . . . . . . . . . . . . . . . A. Remedial Purpose as a Justification for Affirmative Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. The Diversity Rationale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. The Arguments Against Affirmative Action . . . . . . . . . . . . . V. Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. INTRODUCTION The blockbuster race discrimination cases in recent years have all involved affirmative action and reverse discrimination. The Supreme Court has made it clear that race classifications, whether benign or invidious, will trigger rigid strict scrutiny analysis, which requires that the government prove its program is narrowly tailored to serve a compelling interest. In 2003, the Court, in Gratz v. Bollinger,1 ruled that while student diversity in educational institutions may be a compelling interest, an affirmative action program that assigned points to applicants of minority races was unconstitutional.2 In 2007, in Parents Involved in Community Schools v. Seattle School District No. 1,3 it held that two public school district plans that used race-based enrollment targets for student assignments failed strict scrutiny because the districts neither proved a compelling interest, nor demonstrated that the plans were...
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...PAD 525 Discussions 4, 5, 6, 7, 8, 9 & so on……. Hope this helps ! Review Texas v. Johnson. Assuming you want to sustain the conviction, make the best argument you can for how that can be reconciled with the First Amendment. Of the opinions that would have sustained the conviction, which do you find most persuasive and why? Texas v. Johnson, 491 U.S. 397 (1989), was an important decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states. Justice William Brennan wrote for a five-justice majority in holding that the defendant Gregory Lee Johnson's act of flag burning was protected speech under the First Amendment to the United States Constitution. Gregory Lee "Joey" Johnson, then a member of the Revolutionary Communist Youth Brigade, participated in a political demonstration during the 1984 Republican National Convention in Dallas, Texas. The demonstrators were protesting the policies of the Reagan Administration and of certain companies based in Dallas. They marched through the streets, shouted chants, and held signs outside the offices of several companies. At one point, another demonstrator handed Johnson an American flag stolen from a flagpole outside one of the targeted buildings. When the demonstrators reached Dallas City Hall, Johnson poured kerosene on the flag and set it on fire. During the burning of the flag, demonstrators shouted such phrases as, "America, the red, white, and...
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...Equality and the Constitution 4 Class 1: Slavery and the Constitution 4 1. The Original Constitution 4 2. State v. Post 4 3. Dred Scott v. Sandford (1857) 4 4. Reconstruction 5 5. Post-Reconstruction Cases 6 Class 2: The Advent of American Constitutional Law: Brown 7 6. RACIAL EQUALITY 7 7. Brown I (1954) The segregation of children in public schools based solely on race violates the Equal Protection Clause. 7 2. Brown II 8 3. What was the constitutional harm in Brown? 8 4. THEORY 8 5. Subsequent School Desegregation 9 Class 3: Local Efforts to Desegregate: Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate Impact 21 XI. Purposive Discrimination 22 ...
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...f- ^ ^ ^ tC^L X Human Resource Management R. WAYNE MONDY, SPHR in collaboration with JUDY BANDY MONDY McNeese State University Prentice Hall Boston Columbus Indianapolis New York San Francisco Upper Saddle River Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo Preface XXII Acknowledgments xxv Strategic Human Resource Management: An Overview 3 Chapter Objectives 2 HRM in Action: Not HR Branding, Employer Branding 3 Human Resource Management 4 Human Resource Management Functions 5 Staffing 5 • Trends if Innovations: Measuring Quality of Hire in Today's Environment 6 Human Resource Development 6 Compensation 7 / Safety and Health 7 Employee and Labor Relations 7 Human Resource Research 8 Interrelationships of HRM Functions 8 Dynamic Human Resource Management Environment 8 Legal Considerations 8 Labor Market 9 Society 9 Unions 10 Shareholders 10 Competition 10 Customers 10 Technology 10 Economy 11 Unanticipated Events 11 How Human Resource Management Is Practiced in the Real World 11 HR's Changing Strategic Role: Who Performs the Human Resource Management Tasks? 11 Human Resource Manager 12 HR Outsourcing 12 HR Shared Service Centers 13 Professional Employer Organizations (Employee Leasing) 13 Line Managers 14 HR as a Strategic Partner 14 A Strategic HR Example 16 A Strategic HR Audit 16 Human Capital Metrics 17 Human Resource Designations 18 Evolution of Human Resource...
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...Racial & Ethnic Short-Answer Questions (15) Should reparations be paid to the descendants of victims of slavery? • Some reject the decision made in the Bakke case that providing a remedy for the effects of racial discrimination is unconstitutional. They argue that the idea of reparations is rooted in international law. • Affirmative Action is inadequate, the ‘Maafa’ (meaning disaster, i.e., slavery) is a crime against humanity, and therefore compensation is required. • In the past 50 years apologies and financial compensation has been given to a wide range of groups, including survivors of the Jewish holocaust (as well as descendants of the victims), Japanese-Americans who were imprisoned during the Second World War and native Americans who had their land illegally seized in the USA. • African Americans have been demanding compensation for slavery since the end of the American Civil War. Immediately after the abolition of slavery, the demand was for 40 acres and a mule to ensure they would not be dependent on their former slave-owners. Then, between 1890 and 1917, there was a movement to lobby the government for pensions to compensate for their unpaid labour under slavery. Since 1989, Congressman John Conyers Jnr (Michigan) has introduced a bill every year to study the case for reparations. Each of these initiatives has been largely ignored by the political establishment. • Reparations would ensure full recognition of the scale of the Maafa and, at the same time...
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...THE RIGHT TO HEALTH IN THE UNITED STATES OF AMERICA WHAT DOES IT MEAN? Acknowledgements ...............................................................................................................i About the Center for Economic and Social Rights ...............................................................i Executive Summary............................................................................................................ ii Introduction......................................................................................................................... 1 I. The Legal Framework for the Right to Health ................................................................ 4 A. The Right to Health in the UDHR and ICESCR..................................................... 5 B. Substantive Elements Required to Fulfill the Right to Health................................ 6 C. Procedural Protections of the Right to Health ........................................................ 7 II. The Current U.S. System ............................................................................................ 8 A. The Legal Structure................................................................................................. 9 B. The Financial Structure: Who Pays? Who Profits? .............................................. 11 III. International Standards in the U.S. Context .......................................................... 13 A. Availability...........................
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...A NEW BIRTH OF FREEDOM?: OBERGEFELL V. HODGES Kenji Yoshino The decision in Obergefell v. Hodges1 achieved canonical status even as Justice Kennedy read the result from the bench. A bare majority held that the Fourteenth Amendment required every state to perform and to recognize marriages between individuals of the same sex.2 The majority opinion ended with these ringing words about the plaintiffs: “Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”3 While Obergefell’s most immediate effect was to legalize same-sex marriage across the land, its long-term impact could extend far beyond this context. To see this point, consider how much more narrowly the opinion could have been written. It could have invoked the equal protection and due process guarantees without specifying a formal level of review, and then observed that none of the state justifications survived even a deferential form of scrutiny. The Court had adopted this strategy in prior gay rights cases.4 Instead, the Court issued a sweeping statement that could be compared to Loving v. Virginia,5 the 1967 case that invalidated bans on in––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Chief Justice Earl Warren Professor of Constitutional Law, New York University School of Law. I gratefully acknowledge receiving financial support from...
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