The odd evolution of the civil rights state

Law reviews are filled with sophisticated and often impassioned debates over the use of racial and gender preferences in employment, education, and electoral districting. As a political scientist the author is particularly interested in a puzzle that has received far less attention in the legal lite...

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Bibliographic Details
Published in:Harvard journal of law and public policy 2014-01, Vol.37 (1), p.113-134
Main Author: Melnick, R. Shep
Format: Article
Language:English
Subjects:
Affirmative action
Citizenship
Civil rights
College admissions
Colleges & universities
Constitutional amendments
Decision-making
Disabled
Education
Employment
Enforcement
Gender
Judges & magistrates
Law
Laws, regulations and rules
Litigation
Minority & ethnic groups
Political aspects
Political scientists
Politics
Public opinion
Public policy
Race
Race discrimination
Regulation
Regulatory agencies
Schools
Sex discrimination
Voters
Voting rights
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Summary:Law reviews are filled with sophisticated and often impassioned debates over the use of racial and gender preferences in employment, education, and electoral districting. As a political scientist the author is particularly interested in a puzzle that has received far less attention in the legal literature: how such highly unpopular programs have become so well entrenched in public policy and in the practices of employers and educational institutions. In this article, he will suggest that part of the answer lies in the nature of the peculiar regulatory regime that has evolved since 1964 to interpret and enforce nondiscrimination rules relating to race, gender, and disability. When it comes to protecting fundamental rights of citizenship, people should not expect public policy to mirror or bow to public opinion. But many of the issues the contemporary civil rights regime addresses are far afield from the protection of fundamental rights.
ISSN:0193-4872
2374-6572