Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Law in Higher Education (Affirmative Action in Higher Education) - Research Paper Example

Comments (0) Cite this document
Affirmative Action in Higher Education Law Name of Student Class, Subject Name of Professor 28th Nov, 2013 Abstract Affirmative Action has been one of the most litigated areas in America . Complex laws have been enacted to regulate affirmative action whether in employment or education…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER93.2% of users find it useful
Law in Higher Education (Affirmative Action in Higher Education)
Read Text Preview

Extract of sample "Law in Higher Education (Affirmative Action in Higher Education)"

Download file to see previous pages A period of legal certainty is closely followed by a longer period of uncertainty. The objective of this paper is to critically analyze the place of affirmative action in higher education today. Key words: Affirmative action, compensation, discrimination, diversity, higher education. Affirmative Action in Higher Education Law Doverspike, Taylor and Arthur (2006) define affirmative action as “policies or procedures which attempt to increase the representation of an underrepresented, protected group (primarily minority or female but may include other groups such as aged) in education or employment through consideration in decision making of an applicant’s race, sex, or other protected group status” (p.5). Affirmative action has been employed as the primary tool for addressing gender, racial and ethnic inequalities. Education has been one of the key battlegrounds in the application of affirmative action evidenced by the popular cases such as Brown v The Board of Education (1954). This is because education is highly valued in the American society due to its ability to impact on the life of an individual. Graduating from a selective institution enhances one’s life chances and increases the likelihood of entering a position of corporate or political leadership (Mullen, 2012). There exists a rich and complex legal framework that governs affirmative action in higher education. ...
The debate Affirmative action is a focal point of public debate because of political and legal developments at the federal, state and local levels. Events that shaped the modern day affirmative action dates back to 1860s, especially following the promulgation of the 14th amendment. The amendment forbade states from enacting laws that denied American equal protection of the laws. It suffered setbacks for instance following the Supreme Court’s decision in Plessy v Fergusson where the court held that separate but equal accommodation did not violate the constitution giving rise to segregationist tendencies across United States. The modern day term ‘affirmative action’ traces its origin to President Kennedy, who in 1961 through Executive Order number 10925, introduced methods to address discrimination which had persisted regardless of constitutional guarantees and civil rights laws. It was developed and first enforced by President Johnson who put practical measures that transformed equality as a theory to equality in fact and result (Brunner and Rowen, 2007). Argument in Favor of Affirmative Action There are two core arguments that justify affirmative action. First, affirmative action ensures diversity in any democratic society. If left to chance, diversity can never be achieved. Part of the education process is to prepare students to interact with people from other nationalities. It prepares students to be better citizens in a democratic state. Americans come from diverse background, and America is set to become more diverse in the decades to come (Kowalski, 2006, p. 38). America prides itself on the diversity of its citizenry. Institutions and the whole academic field benefit holistically from diversity because ...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
(“Law in Higher Education (Affirmative Action in Higher Education) Research Paper”, n.d.)
Retrieved from
(Law in Higher Education (Affirmative Action in Higher Education) Research Paper)
“Law in Higher Education (Affirmative Action in Higher Education) Research Paper”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Law in Higher Education (Affirmative Action in Higher Education)

Higher education

...? HIGHER Higher Education Introduction During the last half of the 20th century in the US the attendance and graduation rates mushroomed for both sexes. However those for females increased even faster than those for males, so that by the early 21st century more women than men were graduating from American universities. While causes of this phenomenon are not entirely clear, it is likely the following social and economic factors were dominant, 1) the feminist movement encouraging females to pursue careers outside the home, 2) more severe economic conditions requiring a second household income or in some cases reliance on a wife as breadwinner when the husband becomes unemployed and 3) a blurring of strict male and female social and economic...
3 Pages (750 words) Essay

Higher Education

... side (Edles & Appelrouth, 2011, p. 18). Considering the fact that symbolic interaction theory heavily relies on the actions made by the school teachers and students, this particular theory can be more effective and applicable in terms of analyzing how the relationship between the school teachers and students in higher education work. For example: Using Blumer’s symbolic interaction theory, sociologists can easily identify and interpret the attitude and behaviors of each higher education teachers and students in order to determine teacher-and-students’ relationship within an educational institution. Conclusion As compared to functionalist and conflict theories, symbolic interactionism theory is the best applicable theory when it comes...
4 Pages (1000 words) Essay

Government Higher Education Policies

... Task Government Higher Education Policies Introduction The government provision that is charged with intellectual development and professional societal accommodation is normally through education policies. These are usually presented by an educational institution, which delivers highly qualified individuals into the competitive environment. Mostly, the education topic revolves around the advancement of children in the society to promote productivity within individuals as they grow into active societal members (Spicker, 2011). However, education is not limited to any individual as it involves a continuing process throughout an individual’s lifetime. It may entail acquisition of new skills and information or merely boost an understanding...
7 Pages (1750 words) Essay

Affirmative action in higher education

... of view, women will be less productive if they feel they are not being treated fairly. Finally, families need to have two wage earners today. Closing the wage gap will allow families to contribute more money, for example, on education. This, in turn, can save the government money. Eliminating the wage gap, in the long run, is good for everyone. Works Cited "Split Ruling on Affirmative Action High Court Rules on Race as Factor in University Admissions" 2003 National Public Radio "The Wage Gap: A History of Pay Inequity and the Equal Pay Act."
2 Pages (500 words) Essay

Higher education

... thought of as good and lack of accountability is equally thought of as bad. The fact of the matter would be that they are two sides of the very same coin. If most of the value added comes from the superstars, the gains from their freedom may exceed the losses from the shirking of the average producer.Given that most artistic experiments are failures, effective discovery procedures often succeed by supporting the extremes, rather than trying to generate a good outcome in every attempt. (2. 1. Academic and Intellectual Freedom and Tenure in Higher Education "The National Education Association (NEA) affirms that academic and intellectual freedom in institutions...
14 Pages (3500 words) Essay

Higher education in Angola

Education plays a crucial role in the success of a society or country. With globalization there is an increasing trend towards alterations in the field of education, in order to equip students with the capability of international standards. For this reason, a large number of countries have undergone changes in their education policies, specifically, higher education policies on state and national levels, which need assessment and evaluation. Therefore, this paper will specifically focus on the policies of higher education system of one of the countries of the African continent- Angola.
In particular, the paper will focus on the process of policy development in Angolan higher education system while discussing the responses of h...
17 Pages (4250 words) Essay

Higher education in Pharmacy

... Higher education in Pharmacy I am a forty year Afro American who is now determined to pursue higher education in Pharmacy. My decision to attend Pharmacy school at this age is founded on the belief that education has no age bar. I also believe that education is the stepping stone to success and people who want to succeed in life, must continuously strive to learn new skills. The personal and professional growth through education is critical element that empowers person to make correct decisions about important issues in life. It also equips the person with necessary skills to meet the challenges of time with more confidence and positive attitude. I have always been scientifically inclined with keen interests towards medical field...
1 Pages (250 words) Essay

Higher education

...Essay: Higher education Higher education Higher education has come a long way and for most countries in the world it had its originsin colonial roots. This is no exception for the U.S. The very first college graduates were destined for the clergy; however today’s graduates are most likely destined for corporations or could be knee deep in a particular career already. Thus, I can correctly state, that college has developed from being an elite privilege into an indispensable career resource. The modern day higher education mans three developments to me; knowledge diversification; student body diversification; as well the diversification in mode of delivery. I have realized that higher education is a place where knowledge diversification can...
2 Pages (500 words) Essay

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages (1750 words) Case Study

Contract Law

This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the tradition...
6 Pages (1500 words) Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages (2000 words) Assignment

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages (1500 words) Coursework

International Law: Child Soldiers

Using children to fight wars is not only morally abhorrent but very bad very the physical and mental health of the children in question. That is in part why a series of international laws and treaties have come into effect to try to deal with this scourge. But the issue is more complicated than that. While child soldiers are victims of war crimes, they too can also perpetrate serious breaches of the law of armed conflict. Under normal circumstances, individuals who commit such acts, be they combatants or not,2 would be vulnerable to prosecution. However, because children in such situations are victims as well as perpetrators and because of the special protections afforded to children under international law, many have questioned w...
8 Pages (2000 words) Case Study

The Law and the Media

New and complex issues have arisen which demanded fresh understanding and handling of cases involved them. This has resulted in the enhanced development of specialized laws e.g. cyber laws and interpretation of those laws. The same is true with Media Laws. Media has developed much in the last half-century. As it evolved as a profession and more people started to join it, there arose the levels of money involved in it. With this grew the contractual obligations on the parts of parties and concerned laws e.g. patent laws, privacy laws, and copyrights laws, etc. also started to play their parts. With these issues, the role of law in the media industry also reached a new height.
Mathew Fisher, the appellant, joined a band with Mr...
6 Pages (1500 words) Assignment

Neighbourhood Action Plans

For instance, the housing problems are growing acute in regions occupied by the minority group of Asian Pakistanis. There are, however, no similar problems faced in the locations occupied by the majority white population or other minority Asians of Indian origin or other minority groups.
This may mean either the council authorities in these areas are deliberately sidelining Asian Pakistani groups as they are from the lower level of income group or the authorities face resource crunch and the said group is in no position to alleviate the problem faced by the local authorities (The Housing Needs of Black &Minority Ethnic (BME) Communities in Hyndburn).
Britain is among the leaders in technologically advanced countries...
6 Pages (1500 words) Assignment

Law of Contract

For instance, in Partridge v Crittenden, it was held that an advertisement is tantamount to an invitation to treat (Partridge v Crittenden, 1968). However, there are exceptions, where an advertisement is considered to be an offer. An example is provided by the Carbolic Smoke Ball case. In this case, the defendant’s contention that its newspaper advertisement was not an offer was rejected by the court; as the plaintiff had complied with the terms of the offer (Carlill v Carbolic Smoke Ball Co, 1892).

Thus, the advertisement placed by Adams in the local newspaper is an invitation to treat and not an offer, as per the case law discussed above. It is to be determined, whether Adam had formed legally binding contracts...
6 Pages (1500 words) Case Study

Juvenile Delinquency and Education: A Comparison of Public and Private Education

Perhaps a reason for that was that child mortality rates were high. It was not considered feasible to form attachments with children. They were left up to nature and the survival of the fittest approach. However, at the end of the eighteenth century, the age of “The Enlightenment” brought about changes regarding the status of children. This new cultural awareness was a part of the humanist movements of the age. They were now considered to be the welfare and responsibility of the state. The strict disciplinarian ways were giving way to nurturing and concern. At this point, children were now considered a distinct group.

It wasn’t until the establishment of The Juvenile Justice Courts were children offici...
6 Pages (1500 words) Research Proposal

Management Theory and Practice in the Early Childhood Education Industry

...Management Theory and Practice in the early childhood education industry This Report applies management theory into practice in the early childhood industry, especially in the context of women leaders. Management issues play a significant role in the academic sector, because early childhood professionals need higher levels of motivation in order to avoid burnout . As pointed out in a study by Osgood and Halsall (2007) where they carried out research to examine the position of women in leadership or management positions, a “glass ceiling” exists for women in the academic setting, which could significantly impair motivation. Since many of the individuals employed in the early education sector are women, addressing this issue is even more...
6 Pages (1500 words) Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic Law in Higher Education (Affirmative Action in Higher Education) for FREE!

Contact Us