Constitutional Law

Affirmative Action in Antidiscrimination Law and Policy: An by William M. Leiter

By William M. Leiter

Affirmative motion has been and is still the flashpoint of America’s civil rights time table. but whereas the affirmative motion literature is voluminous, no finished account of its significant criminal and public coverage dimensions exists. Samuel and William M. Leiter learn the beginning and progress of affirmative motion, its impression on American society, its present nation, and its destiny anti-discrimination position, if any. expert by way of numerous varied disciplines-law, heritage, economics, sociology, political technology, city reports, and criminology-the textual content combines the suitable felony fabrics with research and remark from numerous specialists. This even-handed presentation of the topic of affirmative motion is bound to be a priceless reduction to these trying to comprehend the issue’s many complexities.

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Sole-source contracting: Under the § 8(a) program, which is statutorily mandated, small SDBs can secure smaller contracts (usually less than $3 million) without open competition. This “sole sourcing” is accomplished when an agency contracts with SBA, which in turn subcontracts with the SDB. For a company to participate in the § 8(a) program, SBA must certify that the firm is controlled and operated by socially and economically disadvantaged persons. By statute, persons from certain racial and ethnic groups .

First, the then prevailing “free labor” model of equal opportunity: “a classless utopia [in which] . . ”38 Second, the sovereign power of the franchise. 40 In short, what Reconstruction’s version of equal opportunity offered the freedmen focused upon a guarantee of political, but not economic autonomy. In the end, neither was forthcoming. The prospect of political emancipation, seemingly at hand when the freedmen gained the vote, was a mirage. 42 In addition, most of the former slaves never enjoyed any true employment or entrepreneurial opportunity, and for this the blame belongs equally to the North and the South.

8 To their everlasting credit, the makers of post-Civil War policy repudiated this view. 9 The Thirteenth Amendment (1865) abolished slavery. The Fourteenth (1868) declared all American-born persons national and state citizens, and prohibited state violation of three general groupings of civil rights (“privileges and immunities,” “equal protection,” and “due process”). 10 The prototypical civil rights statute of the period was the Civil Rights Act of The Roots of Affirmative Action 25 1866,11 the enforcement statute for the Thirteenth Amendment that declared any American-born person a citizen, regardless of race or color; provided that all citizens were entitled to “equal protection” of laws relating to persons or property, and had equal rights to sue, testify, contract, and own property; and authorized criminal prosecution of violators acting “under color of law,” namely, the officers of the states and their subdivisions.

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