California and Affirmative Action: Hearing Before the Committee on the Judiciary, U.S. Senate

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Orrin G. Hatch
DIANE Publishing, 1997 - Social Science - 85 pages
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Includes statements by Sen. Orrin G. Hatch, Sen. Paul Simon, Sen. Russell D. Feingold, Sen. Edward M. Kennedy, Sen. Dianne Feinstein, and Sen. Carol Mosely-Braun. Panel speakers: Pete Wilson, Gov. of California; Ward Connerly, Regent, Univ. of California and Chairman, California Civil Rights Initiative; Lee Cheng, law student, Univ. of California-Berkeley; Audrey Rice Olive, CEO, Integrated Business Solutions; Erwin Chemerinsky, Prof. of Law, USC Law Center, and Linda Chavez, Pres., Center for Equal Opportunity. Additional submission from the National Asian Pacific American Legal Consortium.
 

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Contents

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Page 20 - Neither let us be slandered from our duty by false accusations against us, nor frightened from it by menaces of destruction to the government, nor of dungeons to ourselves. Let us have faith that right makes might, and in that faith let us to the end dare to do our duty as we understand it.
Page 82 - Company had adopted the diploma and test requirements without any "intention to discriminate against Negro employees." We do not suggest that either the District Court or the Court of Appeals erred in examining the employer's intent; but good intent or absence of discriminatory intent does not redeem employment procedures or testing mechanisms that operate as "built-in headwinds" for minority groups and are unrelated to measuring job capability.
Page 31 - The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
Page 63 - Out of the Barrio: Toward a New Politics of Hispanic Assimilation (Basic Books, 1991). So that there be no misunderstanding on this point, let me say that I support equal opportunity without regard to race, national origin, sex, or religion, and the vigorous enforcement of anti-discrimination laws. The civil rights laws passed in the 1960s to guarantee equal opportunity in employment, education, voting, and housing have made ours a more just and fair society. By overwhelming majorities, Americans...
Page 82 - an employer or a labor union has engaged in persistent or egregious discrimination, or where necessary to dissipate the lingering effects of pervasive discrimination...
Page 50 - March 1, 1996, the Office of Civil Rights (OCR) of the US Department of Education...
Page 12 - The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or ItalianAmericans, each preserving its separate nationality...
Page 21 - The federal courts have no warrant to intrude on those executive and legislative judgments unless the distinctions intrude on specific provisions of federal law or the Constitution. A university may properly favor one applicant over another because of his ability to play the cello, make a downfield tackle, or understand chaos theory.
Page 26 - ... years. As Derek Bok, the former president of Harvard, has said, "universities should seek students who seem especially likely in later life to use what they learned to benefit their professions and the communities in which they live." Dr. Bernard Chavis is a perfect example. He is the supposedly less qualified African-American student who allegedly "displaced" Allen Bakke at the University of California-Davis, and triggered the landmark case. Today, Dr. Chavis is a successful OB-GYN in central...
Page 82 - US Commission on Civil Rights, "Affirmative Action in the 1980s: Dismantling the Process of Discrimination," Clearinghouse Publication 70, at p.

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