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Seniority And Affirmative Action: The Shadow Of Stotts, Drew S. Days Iii
Seniority And Affirmative Action: The Shadow Of Stotts, Drew S. Days Iii
William Monroe Trotter Institute Publications
The purpose of this paper is to discuss why I think the Reagan administration's avowed commitment to helping only "actual victims" of racial discrimination retards rather than advances the cause of civil rights. I make reference in my title to "seniority" and "the shadow of Stotts" because the current administration is relying upon Supreme Court decisions having to do with seniority, particularly its 1984 opinion in Memphis Firefighters v. Stotts, to justify a wholesale attack upon race-conscious remedies, not only in employment but in education and public contracting as well.
Jury Discrimination, James Boyd White
Jury Discrimination, James Boyd White
Book Chapters
Jury discrimination was first recognized as a constitutional problem shortly after the CIVIL WAR, when certain southern and border states excluded blacks from jury service. The Supreme Court had little difficulty in holding such blatant racial discriminationinvalid as a denial of the equal protection of the laws guaranteed by the recently adopted Fourteenth Amendment. But, beyond such obvious improprieties, what should the principle of nondiscrimination forbid? Some kinds of ‘‘discrimination’’ in the selection of the jury are not bad but good: for example, those incompetent to serve ought to be excused from service, whether their incompetence arises from mental or …