Carl Cohen joined the University of Michigan faculty in 1955, when he completed his Ph. But Oliver had not yet been reversed when Wygant was first decided, so the use of student percentages in Oliver was relied upon in this case by the Eastern District Court. And by what criteria shall they decide? In many matters, courts give clear moral guidance; judicial reasoning functions as moral reasoning. But because minority groups have been unfairly treated over generations, those groups are entitled to favored treatment now. Demographic factors bearing heavily upon the racial mix among students may have very little bearing upon teacher availability. Two recent Supreme Court opinions give promise.
What do you rely on today? University lawyers said Wednesday they will argue in an Oct. In the Jackson, Michigan schools today, as in the Jackson, Mississippi schools of an earlier day, such rules are no doubt applied with scrupulosity. Supreme Court are published in United States Reports, abbreviated as U. Its members have been quoted, interviewed or published over 40,000 times since the program was created in 1992. But the extent of that gain, even the reality of it, is quite uncertain; it has never been empirically established. Than eventual resolution will come through judicial interpretation of constitutional principle. This is of central importance.
Though this fascinating treatise will primarily appeal to students and animal rights proponents, it might reach a much wider audience. Some principles are quite firmly established: racial classifications are invariably suspect, because their use tends to be, and traditionally has been, damaging and cruel. The principle of equal treatment is the moral foundation upon which the Equal Protection Clause of the 14th Amendment ultimately rests; our Supreme Court has repeatedly emphasized that the rights guaranteed by that clause are individual rights, the rights of persons and not the rights of groups. Wanting racial justice, the advocates of group proportionality do racial injustice; seeking to eliminate discrimination by race, they encourage and even employ it. Under this contract in Jackson, keeping one's job as a teacher depends critically upon one's race.
If you are not going to protect them in a layoff, you are really going through an exercise in futility in hiring in the first place. Plessy was the central figure in the infamous case of Plessy v. I think we were looking at Hispanic people. He is the author of Race Rules, Navigating the Color Line, as well as books of cultural criticism about Martin Luther King Jr, Malcom X and rapper Tupac Shakur. Racial Preference in Medical School Admissions: Regents of the University of California v.
The case was argued orally before the Supreme Court 84-1340 on November 6, 1985. In 1980-81, when blacks constituted 9. This is an old argument, not entirely without merit; here it is invoked crudely. He has served as a member of the Medical School faculty of the University of Michigan, and as Chairman of the University of Michigan faculty, where he has been an active member of the philosophy faculty since 1955. It simply does not follow, in morals or in law, that individual blacks, or Orientals, or Jews, who were not damaged are entitled now to special favor in the name of group redress.
Some of the arguments presented briefly in this essay are pursued at greater length in connection with other cases, in essay appearing later in this book. The intellectual and legal foundations of that arguments, its thoughtfulness and its good spirit, are illuminated in the essay below in order to confront that argument squarely and to show why, even with the best of intentions, it cannot succeed under our Constitution. Justice Ruth Ginsburg, who dissented from the majority in Gratz, saw this clearly. Right and left, I wagered steak dinners with every soft-headed supporter of the diversity principle who would allow his political passions to overrule his good sense. During oral argument before the Supreme Court the attorney for the Board made that try. Remember, no numerical value for ethnicity is to be assigned, no quantitative system applied.
For many years, Cohen was a member of the National Board of Directors of the American Civil Liberties Union, and participated as Chair of its Michigan affiliate. It is certain that, had there been no such system, some of the white applicants with fine records who were rejected would have been admitted. Pospesel University of Miami Copyright American Library Association, used with permission. Why oppose such a clear statement of the principle of equal treatment? Now, as we know, it commonly means exactly what affirmative action was originally intended to eliminate. Layoffs on a straight inverse-seniority basis were made in the very early 1970's, when the seniority of minority teachers was relatively lower than it was ten years later—and the percentage of minority teachers at that time steadily increased. There must also be public officials with the authority to apply those rules. A non-individualized program, assigning a fixed number of points for skin color, was the answer.
White teachers who wound up losers in this process cannot now claim to be exempt from the provision of a contract bargained for by their own union. Racial preference cannot be defended here as necessary to protect integration already achieved. Only the visible presence of minority-group members in positions of authority and esteem, it argues, can give minority schoolchildren the self-confidence they need to break out of the long continued cycle of socioeconomic depression. The controversy is no between good guys and bad guys, but between sophisticated parties who differ about what, in the effort to achieve a pressing and difficult end, we may rightly use as means. In our state, the great Civil Rights Act of 1964 is to mean just what it says. More critical by far are those aspects of the teacher's character and conduct that bear directly upon school activity: intellect, effective speaking and writing, commitment to students, honesty and curiosity, fairness and absence of prejudice.
Even the stature of minority teachers who sought no racial favors and received none is eventually undermined by such devices. Those who are disadvantaged by the preference most often did not do any wrong, and certainly not that earlier wrong to a minority group for which the preference is alleged redress. The Michigan Civil Rights Initiative simply says that in our state the equal protection clause of the U. The law school at the University of Washington had set aside 16 percent of the places in its entering classes exclusively for members of racial or ethnic minorities: Philippines-Americans, Chicano-Americans, black Americans, and American Indians. The use of race is permitted in some ways, but it is not urged, and you are certainly not entitled to do whatever you think is required. How could it do that? Instead, the law school engaged in a sham. It was wrong then and it is wrong now.