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Books : Nonfiction : Law : Constitutional Law : Discrimination
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With profound insight into the complexities of the human experience, Harvard psychologist Gordon Allport organized a mass of research to produce a landmark study on the roots and nature of prejudice. First published in 1954, The Nature of Prejudice remains the standard work on discrimination. Now this classic study is offered in a special unabridged edition with a new introduction by Kenneth Clark of Columbia University and a new preface by Thomas Pettigrew of Harvard University.Allport’s comprehensive and penetrating work examines all aspects of this age-old problem: its roots in individual and social psychology, its varieties of expression, its impact on the individuals and communities. He explores all kinds of prejudice-racial, religious, ethnic, economic and sexual-and offers suggestions for reducing the devastating effects of discrimination.The additional material by Clark and Pettigrew updates the social-psychological research in prejudice and attests to the enduring values of Allport’s original theories and insights.
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Read Chapter One.
"Unlike other theorists, these people mean to change the world, not merely to 'ascertain how society organizes itself along racial lines and hierarchies, but to transform it for the better.' This book has served as my introduction to a field I wish I had started to cultivate and harvest much earlier."
—Bloomsbury ReviewFor well over a decade, critical race theory—the school of thought that holds that race lies at the very nexus of American life—has roiled the legal academy. In recent years, however, the fundamental principles of the movement have influenced other academic disciplines, from sociology and politics to ethnic studies and history.
And yet, while the critical race theory movement has spawned dozens of conferences and numerous books, no concise, accessible volume outlines its basic parameters and tenets. Here, then, from two of the founders of the movement, is the first primer on one of the most influential intellectual movements in American law and politics.
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After your casebook, "Casenotes" will be your most important reference source for the entire semester. It is the most popular legal briefs series available, with over 140 titles, and is relied on by thousands of students for its expert case summaries, comprehensive analysis of concurrences and dissents, as well as of the majority opinion in the briefs.
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"This book is intended as an introduction to the field of employment discrimination law, both at the abstract level of theory and at the concrete level of doctrine. It is as much an introduction for experienced lawyers and scholars who come to this field with a thorough knowledge of other aspects of the law as for law students who have just begun preparing for their careers. The new edition offers an up-to-date introduction to employment discrimination law: the major statutes, the current cases, the outstanding issues, and the competing policies in this field. The leading decisions of the Supreme Court receive a comprehensive analysis, in terms both of theory and doctrine, putting them in the context of the relevant statutory provisions and other judicial decisions. This book offers three different theoretical perspectives?based on history, economics, and critical social theory?to explain both the complexities and the tensions inherent in existing law."
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American companies may tout their equal opportunity initiatives, but with 95% of all executive-level positions in the US held by white males, most of these programs clearly fall far short of their goals when it comes to diversifying upper management. Yet, even in the face of such overwhelming odds, some minority executives do break through to the highest leadership ranks. What can we learn from these success stories? In one of the first in-depth studies to focus on minorities who have made it to the top, Breaking Through examines the crucial connection between corporate culture and the advancement of people of color. The often surprising conclusions drawn by authors Thomas and Gabarro represent important milestones both for the study of organizational practice and for minorities planning their own course of professional achievement.
Breaking Through profiles minority executives at three different firms who encountered-and conquered-barriers throughout their careers. It then contrasts their successes with the experiences of white executives who've reached upper management, and with white and minority middle managers coming to grips with stalled careers at the same companies. From the compelling stories a distinct pattern emerges in the way minorities advance. The message is clear and startling: the path that leads minorities to the top is fundamentally different than the route followed by their white peers. Here are the determining factors--both individual and organizational--that correspond to the advancement of minority executives to the highest levels.
Breaking Through is an unflinching look at the very real obstacles that await minorities in a workforce whose leadership is still predominantly white. Pathways to success do exist for minorities, say Thomas and Gabarro, and breakthroughs can happen-if individuals and organizations understand the roles they play in creating the opportunities that enable minority executives to reach the top.
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Fair, Square & Legal has long been the essential resource for organizations seeking to stay within the law and avoid violating the rights of their employees. This new, extensively updated edition reflects the latest regulations and court decisions, while retaining all the indispensable information readers have depended on for more than a decade.
Readers will find information on a wide variety of legal issues including:
* recruitment and hiring * sexual harassment * violation of privacy * evaluations and promotions * affirmative action issues * discipline and firing
The book covers the latest discrimination and EEOC guidelines, employee verification, and technology issues. It also updates topics including management best practices and recruitment. Comprehensive and up-to-date, Fair, Square & Legal is still the very best guide to keeping an organization out of hot water.
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On television, Wal-Mart employees are smiling women delighted with their jobs. But reality is another story. In 2000, Betty Dukes, a fifty-two-year-old black woman in Pittsburg, California, became the lead plaintiff in Dukes v. Wal-Mart Stores, a class action, representing 1.6 million women. In her explosive investigation of this historic lawsuit, journalist Liza Featherstone reveals how Wal-Mart, a self-styled "family-oriented," Christian company: Deprives women (but not men) of the training they need to advance. Relegates women to lower-paying jobs like selling baby clothes, reserving the more lucrative positions for men. Inflicts punitive demotions on employees who object to discrimination. Exploits Asian women in its sweatshops in Saipan, a U.S. commonwealth. Featherstone goes on to reveal the creative solutions that Wal-Mart workers around the country have found, like fighting for unions, living-wage ordinances, and childcare options. Selling Women Short combines the personal stories of these employees with superb investigative journalism to show why women who work these low-wage jobs are getting a raw deal, and what they are doing about it. A new preface to the paperback edition will reflect on Wal-Mart's response to this lawsuit and its critics-including this one.
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This new book focuses the institutional impediments to women's success in the practice of law--the challenges and roadblocks women face as they struggle to succeed in law firms. The book addresses all aspects of law firm life including firm management, the assignment process, billable hour demands, business generation, compensation, mentoring, attrition, and work/family issues. It also sets forth recommendations for change, describing concrete actions which law firms can implement in order to enable women to take their rightful place as equals in the legal profession. The book is the result of two years of research and is based on the author’s interviews with hundreds of women lawyers and law firm managers from all over the country. The author also draws extensively on a wide range of research across multiple disciplines in order to shed further light on the areas covered. Although the book is about women in law firms, the issues raised could apply to any professional setting.
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In 1987 Judge Russell Clark mandated tax increases to help pay for improvements to the Kansas City, Missouri, School District in an effort to lure white students and quality teachers back to the inner-city district. Yet even after increasing employee salaries and constructing elaborate facilities at a cost of more than $2 billion, the district remained overwhelmingly segregated and student achievement remained far below national averages.
Just eight years later the U.S. Supreme Court began reversing these initiatives, signifying a major retreat from Brown v. Board of Education. In Kansas City, African American families opposed to the district court's efforts organized a takeover of the school board and requested that the court case be closed. Joshua Dunn argues that Judge Clark's ruling was not the result of tyrannical "judicial activism" but was rather the logical outcome of previous contradictory Supreme Court doctrines. High Court decisions, Dunn explains, necessarily limit the policy choices available to lower court judges, introducing complications the Supreme Court would not anticipate. He demonstrates that the Kansas City case is a model lesson for the types of problems that develop for lower courts in any area in which the Supreme Court attempts to create significant change. Dunn's exploration of this landmark case deepens our understanding of when courts can and cannot successfully create and manage public policy.
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Taken from criminological, anthropological, and sociological perspectives, this book addresses a broader range of special populations in the criminal justice system. Chapters are devoted to Asian Americans, gays and lesbians, Latinos, Middle-Easterners, Native Americans, and the elderly in addition to the traditional minority groups. Historical development, societal issues, crime and punishment, discrimination, employment, and other serious problems are considered throughout. Using anecdotal discussions, readers look at special populations in various roles throughout the criminal justice system and get a more balanced view of the myriad of issues relating to the concept of marginalized groups. For criminologists, law enforcement officers, correctional officers, social workers, or anyone interested in special populations as it relates to the criminal justice system.
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What is black culture? Does it have an essence? What do we lose and gain by assuming that it does, and by building our laws accordingly? This bold and provocative book questions the common presumption of political multiculturalism that social categories such as race, ethnicity, gender, and sexuality are defined by distinctive cultural practices.
Richard Ford argues against law reform proposals that would attempt to apply civil rights protections to "cultural difference." Unlike many criticisms of multiculturalism, which worry about "reverse discrimination" or the erosion of core Western cultural values, the book's argument is primarily focused on the adverse effects of multicultural rhetoric and multicultural rights on their supposed beneficiaries.
In clear and compelling prose, Ford argues that multicultural accounts of cultural difference do not accurately describe the practices of social groups. Instead these accounts are prescriptive: they attempt to canonize a narrow, parochial, and contestable set of ideas about appropriate group culture and to discredit more cosmopolitan lifestyles, commitments, and values.
The book argues that far from remedying discrimination and status hierarchy, "cultural rights" share the ideological presuppositions, and participate in the discursive and institutional practices, of racism, sexism, and homophobia. Ford offers specific examples in support of this thesis, in diverse contexts such as employment discrimination, affirmative action, and transracial adoption.
This is a major contribution to our understanding of today's politics of race, by one of the most distinctive and important young voices in America's legal academy.
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Taking its name from the infamous basement party room of a major brokerage branch near New York City, Tales from the Boom-Boom Room combines three spellbinding stories -- extreme, widespread sexual harassment and sex discrimination; legal maneuvering by Wall Street firms to deter or quietly settle sensational complaints; and multimillion-dollar class action lawsuits begun by a handful of female whistle-blowers against the two biggest brokerages in the nation.
The author, whose disclosures in the press became a rallying cry against sexual hazing at branch offices across America, takes the reader directly into a red-hot tangle of shocking allegations -- unprintable here -- and strenuous, across-the-board denials by firms and men accused. This drama's repercussions continue today, as new accusations are brought and longstanding complaints move toward the first-ever public hearings that the Boom-Boom Room case brought about.
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What difference does a written constitution make to public policy? How have women workers fared in a nation bound by constitutional principles, compared with those not covered by formal, written guarantees of fair procedure or equitable outcome? To investigate these questions, Vivien Hart traces the evolution of minimum wage policies in the United States and Britain from their common origins in women's politics around 1900 to their divergent outcomes in our day. She argues, contrary to common wisdom, that the advantage has been with the American constitutional system rather than the British.
Basing her analysis on primary research, Hart reconstructs legal strategies and policy decisions that revolved around the recognition of women as workers and the public definition of gender roles. Contrasting seismic shifts and expansion in American minimum wage policy with indifference and eventual abolition in Britain, she challenges preconceptions about the constraints of American constitutionalism versus British flexibility. Though constitutional requirements did block and frustrate women's attempts to gain fair wages, they also, as Hart demonstrates, created a terrain in the United States for principled debate about women, work, and the state--and a momentum for public policy--unparalleled in Britain. Hart's book should be of interest to policy, labor, women's, and legal historians, to political scientists, and to students of gender issues, law, and social policy.
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A law requires black bus passengers to sit in the back of the bus. The U.S. Food and Drug Administration approves a drug for use by black heart failure patients. A state refuses to license drivers under age 16. A company avoids hiring women between the ages of 20 and 40. We routinely draw distinctions among people on the basis of characteristics that they possess or lack. While some distinctions are benign, many are morally troubling.
In this boldly conceived book, Deborah Hellman develops a much-needed general theory of discrimination. She demonstrates that many familiar ideas about when discrimination is wrong—when it is motivated by prejudice, grounded in stereotypes, or simply departs from merit-based decision-making—won’t adequately explain our widely shared intuitions.
Hellman argues that, in the end, distinguishing among people on the basis of traits is wrong when it demeans any of the people affected. She deftly explores the question of how we determine what is in fact demeaning.
Claims of wrongful discrimination are among the most common moral claims asserted in public and private life. Yet the roots of these claims are often left unanalyzed. When Is Discrimination Wrong? explores what it means to treat people as equals and thus takes up a central problem of democracy.
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View the Table of Contents
Read the IntroductionAuthor Interview on The Brian Lehrer Show
“Discrimination against the obese is today pervasive and oppressive. The problem will only grow worse as the epidemic of obesity spreads. Kirkland has written the definitive study of obesity within American law. It is required reading for anyone concerned with this issue. This is an admirable and profound book.”
—Robert Post, Yale Law School“Provides a much-needed conceptual map for making sense of how we in the U.S. talk about difference, discrimination, and rights generally. The result is an imaginative, insightful, savvy, and unusually accessible inquiry that should be required reading for anyone interested in the politics of civil rights. Highly recommended!”
—Michael McCann, University of WashingtonAmerica is a weight-obsessed nation. Over the last decade, there’s been an explosion of concern in the U.S. about people getting fatter. Plaintiffs are now filing lawsuits arguing that discrimination against fat people should be illegal. Fat Rights asks the first provocative questions that need to be raised about adding weight to lists of currently protected traits like race, gender, and disability. Is body fat an indicator of a character flaw or of incompetence on the job? Does it pose risks or costs to employers they should be allowed to evade? Or is it simply a stigmatized difference that does not bear on the ability to perform most jobs? Could we imagine fatness as part of workplace diversity? Considering fat discrimination prompts us to rethink these basic questions that lawyers, judges, and ordinary citizens ask before a new trait begins to look suitable for antidiscrimination coverage.
Fat Rights draws on little-known legal cases brought by fat citizens as well as significant lawsuits over other forms of bodily difference (such as transgenderism), asking why the boundaries of our antidiscrimination laws rest where they do. Fatness, argues Kirkland, is both similar to and provocatively different from other protected traits, raising longstanding dilemmas in antidiscrimination law into stark relief. Though options for defending difference may be scarce, Kirkland evaluates the available strategies and proposes new ways of navigating this new legal question.
Fat Rights enters the fray of the obesity debate from a new perspective: our inherited civil rights tradition. The scope is broad, covering much more than just weight discrimination and drawing the reader into the larger context of antidiscrimination protections and how they can be justified for a new group.
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Do you think you have to put up with inappropriate sexual behavior to get ahead in your career? Or have you been the victim of sexual harassment and don't know what to do about it?
Are you concerned that anything you do or say could be interpreted as sexual harassment? What are the rules and boundaries?
The Sexual Harassment Handbook is the first book that gives you the insight to assess a sexual situation on the job and take effective action, before the lawyers are called in.
Many situations involving sexual harassment can be prevented or resolved if you recognize what's happening and know what to do. The Sexual Harassment Handbook answers questions such as:
* What is the main reason people sue over sexual harassment?
* Can men be sexually harassed?
* Can I be harassed if I am a manager or supervisor?
* Why is dating a subordinate almost always a bad idea?





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