ERIC Number: ED408704
Record Type: RIE
Publication Date: 1997-Mar
The Future of Affirmative Action: Social Policy and Judicial Reality.
Lugg, Elizabeth Timmerman
The history of social policy efforts to remediate racial discrimination can be traced to the post-Civil War period. This paper examines the tortuous course that affirmative action has traveled. It discusses the historical, philosophical, and constitutional issues surrounding the topic of civil rights, starting with the first antidiscrimination laws and Constitutional amendments passed shortly after the Civil War, and continuing through the turbulent 20th century. The analysis also includes statutory and case law that has developed as both the legislature and the courts have attempted to ascertain the appropriate role to be played by the federal government as positioned against state governments and private citizens when it comes to the guarantee of basic individual freedoms under the Federal Constitution. Finally, the paper discusses the implications for affirmative action and equal opportunity in the realm of education and employment in light of current social policy and judicial reality. It concludes by offering speculations about the future of affirmative action. (Contains 122 footnotes, 25 references, and a list of 20 cases.) (LMI)
Publication Type: Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the American Educational Research Association (Chicago, IL, March 24-28, 1997).