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Journal ArticleDOI

The New Logic of Affirmative Action

01 Dec 1995-Duke Law Journal (JSTOR)-Vol. 45, Iss: 3, pp 559-578
TL;DR: In this article, the authors focus on the "logic" of affirmative action, which they argue is inconsistent with the United States' guarantee of equal protection under the First Amendment of the Constitution.
Abstract: Is affirmative action inherently preferential, discriminatory, and thus inconsistent with the Constitution's guarantee of equal protection? This question is basic to the legal discussion of affirmative action, and yet it seems to me that it has not been adequately addressed, much less analyzed. Clearly, there is no shortage of individual abuses and misuses in the name of "affirmative action," and these have been amply documented elsewhere.' My primary concern is with what might be termed the "logic" of affirmative action.

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Journal ArticleDOI
TL;DR: The minority can tell stories about institutional practices in academia that result in unintended benefits for the majority (white) as mentioned in this paper, and one institutional practice in academia is affirmative behavior, which is called affirmative affirmative action.
Abstract: The minority (nonwhite) can tell stories about institutional practices in academia that result in unintended benefits for the majority (white). One institutional practice in academia is affirmative...

107 citations


Cites background from "The New Logic of Affirmative Action..."

  • ...The majority in academia often argue that increases in the number of minority law teachers are an outcome of hiring policies (e.g., affirmative action) that favor unqualified minority candidates (Carrington 1992; Collier 1995)....

    [...]

01 Dec 2009
TL;DR: In this paper, a study of mobilization into a specific type of political contention (anti-nationalist, anti-militarist, feminist activism in Serbia) is presented, which is based on qualitative data gathered from semi-structured interviews with individuals active in the antinationalist and anti-military organization Women in Black conducted in Serbia between April and May 2008.
Abstract: This article presents a study of mobilization into a specific type of political contention—anti-nationalist, anti-militarist, feminist activism in Serbia. It is based on qualitative data gathered from semi-structured interviews with individuals active in the antinationalist, anti-militarist, feminist organization Women in Black conducted in Serbia between April and May 2008. By analyzing the data gathered through the prism of social movement theory, the article identifies specific patterns of mobilization that are facilitated through various structures and mechanisms. These include the various functions of social networks, collective action frames, and collective identity and solidarity incentives—that guarantee sustained participation in Women in Black and the continued existence of anti-nationalist, anti-militarist, feminist political contention even in circumstances of strong social and political repression. 1 An earlier version of this article was presented at the panel “Civil Society” at the 5th CEU Graduate Conference in Social Sciences at the Central European University in Budapest, Hungary in June 2009. I am grateful for the comments and criticisms of participants at this panel that have contributed to improving this

4 citations

01 Dec 2009
TL;DR: The threshold level for such special seats was set at 15 percent in the 1995 elections, 20 percent in 2000 elections and it was increased to 30 percent of all the parliamentary seats in the 2005 elections.
Abstract: Elections in Tanzania have resulted into the underrepresentation of women in the formal decision making organs particularly the parliament. To address this problem the government introduced women special seats as one of the ways to empower women to participate in making decisions that affect their concerns. The threshold level for such special seats was set at 15 percent in the 1995 elections, 20 percent in the 2000 elections and it was increased to 30 percent of all the parliamentary seats in the 2005 elections. This article argues that while there is a positive trend in terms of the numerical representation via an affirmative action system, the same is yet to be owned by women themselves. The affirmative action in Tanzania is strategically used to divide women and to further the interests of political parties, particularly the ruling party. Thus, women struggles for their inclusion in the formal decision making organs should simultaneously demand for the need to owning the affirmative action itself.

4 citations

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