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‘차별시정조치’: 대학 입학시의 흑인우대조치를 중심으로

Affirmative Action Experiment: Focusing on Race Conscious Admission Policy

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초록

It was not that long ago when black students could not enter predominantly white universities. The situation has changed greatly since affirmative action required universities to adopt race-conscious admission policies to address racial inequalities. Since 1970s, black students have rapidly increased their presence at various universities. Favorable consideration of black applicants, however, aroused a considerable amount of anger among white population who felt that they are faced with reverse discrimination. Many papers and books have been written on this issue, but almost all of them take a side of either pro or con. The main purpose of this paper is to reevaluate the issue objectively from the viewpoint of disinterested third party. Those who are opposed to affirmative action charge that affirmative action violates the principles of equal protection guaranteed by the Fourteenth Amendment of the U.S. Constitution. In settling the Bakke case, the U.S. Supreme Court allowed the university to pursue the race-conscious admission process with a purpose to increase racial diversity on campus. Finding that the assault against the affirmative action failed to bring about its demise, opponents of affirmative action switched to the strategy to abolish it through political and intellectual battles. Supporters of affirmative action have had a hard time justifying its existence, but managed to persuade the public that it is still necessary. It is expected that they will face an uphill battle to defend it as the racial gap in the American society narrows.

Abstract

It was not that long ago when black students could not enter predominantly white universities. The situation has changed greatly since affirmative action required universities to adopt race-conscious admission policies to address racial inequalities. Since 1970s, black students have rapidly increased their presence at various universities. Favorable consideration of black applicants, however, aroused a considerable amount of anger among white population who felt that they are faced with reverse discrimination. Many papers and books have been written on this issue, but almost all of them take a side of either pro or con. The main purpose of this paper is to reevaluate the issue objectively from the viewpoint of disinterested third party. Those who are opposed to affirmative action charge that affirmative action violates the principles of equal protection guaranteed by the Fourteenth Amendment of the U.S. Constitution. In settling the Bakke case, the U.S. Supreme Court allowed the university to pursue the race-conscious admission process with a purpose to increase racial diversity on campus. Finding that the assault against the affirmative action failed to bring about its demise, opponents of affirmative action switched to the strategy to abolish it through political and intellectual battles. Supporters of affirmative action have had a hard time justifying its existence, but managed to persuade the public that it is still necessary. It is expected that they will face an uphill battle to defend it as the racial gap in the American society narrows.

참고문헌 (18)

  1. Becker, Bernie, "Senate Approves Slavery Apology, With Reparations Disclaimer", New York Times (2009)
  2. Bowen, William, "The Shape of the River" (1998), Princeton UP
  3. Card, David, "Would the Elimination of Affirmative Action Affect Highly Qualified Minority Applicants?: Evidence from California and Texas", Industrial and Labor Relations Review, 58, pp.416~434 (2005)
  4. Cleveland, Darrell, "When Minorities Are Strongly Encouraged to Apply" (2009), Peter Lang
  5. D’Sousa, Dinesh, "Illiberal Education: The Politics of Race and Sex on Campus" (1991), Free Press
  6. Berkeley: Institute for the Study of Social Change UC Berkeley, "Duster, Troy", ~, pp.Final Report (1991)
  7. Eisaguirre, Lynne, "Affirmative Action: A Reference Handbook" (1999), ABC-CLIO
  8. Espenshade, Thomas, "Admission Preferences for Minority Students, Athletics, and Legacies at Elite Universities", Social Science Quarterly, 85, pp.1422~1446 (2004)
  9. Gurin, Patricia, "The Educational Value of Diversity in : Defending Diversity: Affirmative Action at the University of Michigan" (2004), University of Michigan Press
  10. Jackson, James, "Affirmative Action and the Illusion of Racial Equality: Race Traitors or Fools?", The Black Scholar, 33, pp.5~8 (2003)
  11. Karen, David, "The Politics of Class, Race, and Gender: Access to Higher Education in the United States, 1960-1986", American Journal of Education, 99, pp.208~237 (1986)
  12. Lehman, Jeffrey, "The Evolving Language of Diversity and Integration in Discussions of Affirmative Action from Bakke to Grutter in : Defending Diversity: Affirmative Action at the University of Michigan" (2004), University of Michigan Press
  13. Liu, Goodwin, "The Causation Fallacy: Bakke and the Basic Arithmetic of Selective Admissions", Michigan Law Review, 100, pp.1045~1105 (2002)
  14. Long, Mark, "College Applications and the Effect of Affirmative Action", Journal of Econometrics, 121, pp.319~342 (2004)
  15. Moore, Jamillah, "Race and College Admissions: A Case for Affirmative Action" (2005), McFarland
  16. Philip, Einat, "Diversity in the Halls of Academia: Bye-Bye Bakke?", Journal of Law and Education, 31, pp.149~166 (2002)
  17. Thernstrom, Stephan, "America in Black and White: One Nation Indivisible" (1997), Simon and Shuster
  18. Zelnik, Bob, "Backfire: A Reporter’s Look at Affirmative Action" (1996), Regnery

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