AA 1 - Moral/Legal Arguments for Affirmative Action 1....

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Moral/Legal Arguments for Affirmative Action 1. Compensation for Past Discrimination and its Effects United States Steelworkers v. Weber , 1979: race-based hiring, training permitted to compensate for firm's past discrimination 2. Blocking Current Discrimination City of Richmond v. Croson , 1989: state may set aside contracts for minority firms to avoid “passive participation” in discrimination by prime contractors 3. Integration as Remedy for Segregation and its Anti-Democratic Effects (incorporates, but goes beyond, “diversity” aa) Swann v. Charlotte-Mecklenburg , 1971: schools may seek racial integration to promote interracial cooperation, understanding Regents of U. Cal. v. Bakke , 1978: universities may seek racial diversity to promote “robust exchange of ideas” (aff’d in Grutter ) Grutter v. Bollinger , 2003: legitimate elite requires effective participation of all racial, ethnic groups: elite must be integrated
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The Basic Argument for Compensatory AA 1. Anyone who has been wronged is entitled to compensation for the wrong and its effects. 2. African-Americans, Latinos, Am. Indians have been wrongfully discriminated against in the past. ___________________ 3. These groups are entitled to compensation for
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This note was uploaded on 01/15/2012 for the course PHIL 359 taught by Professor Anderson during the Fall '09 term at University of Michigan.

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AA 1 - Moral/Legal Arguments for Affirmative Action 1....

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