Yale PLSC 827 - Syllabus (6 pages)

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Syllabus



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Syllabus

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Pages:
6
School:
Yale University
Course:
Plsc 827 - PltcsLaw&EconAffirmativeAction
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PLSC 234 EP E 389 PLSC 827 The Politics Law and Economics of Affirmative Action LAW 20538 01 Democracy and Distribution The Politics Law and Economics of Affirmative Action Michael Graetz and Ian Shapiro Fall 2010 Monday 3 30 to 5 20 pm RKZ 102 Office Hours Michael Graetz Mondays 2 00 2 30 pm or by appointment Room 346 Sterling Law Building Tel 432 4828 michael graetz yale edu Ian Shapiro Wednesdays 2 00 4 00 110 Luce Hall 34 Hillhouse Tel 432 9368 ian shapiro yale edu This course is designed to address the question under what conditions if any is affirmative action desirable We will examine arguments for and against affirmative action that have been put forward in the courts the philosophical literature and in the political and economic arenas since the Jim Crow era in the United States although there will be some comparative attention to affirmative action and Black Economic Empowerment policies in South Africa since 1994 Principal readings will be taken from such U S Supreme Court opinions as Parents Involved in Community Schools v Seattle School District No 1 the Michigan affirmative action cases and Ricci v DeStefano theoretical writings by John Rawls Robert Nozick Amartya Sen and Douglas Rae historical work by Michael J Klarman and political economic and legal commentary by Boris Bittker Lani Guinier Mary and Thomas Edsall and John David Skrentney The main focus will be on affirmative action in education employment and political representation Law and graduate students will be expected to write a 20 to 25 page research paper over the course of the semester A one to two page paper prospectus must be discussed with the instructors and submitted for approval by Monday October 11th The instructors will suggest additional readings once paper topics have been selected Because this is a research oriented seminar it is not appropriate for Credit D Fail Undergraduate students can either pursue this option or write two literature reviews of approximately 10 pages The topics should be approved by the instructors Key L On sale at Labyrinth Books York Street These books have also been put on reserve at Bass Library S Posted on the server Classesv2 for Political Science and EP E students Inside for Law Schoo l students 1 Week 1 September 6 Introduction Required James Webb Diversity and the Myth of White Privilege The Wall Street Journal July 23 2010 S Barack Obama The Audacity of Hope pp 240 249 S National Organization For Women Talking about Affirmative Action http www now org issues affirm talking html S Week 2 September 13 The history of affirmative action Required Michael J Klarman Unfinished Businesses Oxford University Press 2007 L Recommended Michael J Klarman From Jim Crow to Civil Rights Oxford University Press 2004 L Michael J Klarman Brown and Lawrence and Goodridge Michigan Law Review Vol 104 No 3 Dec 2005 pp 431 489 S Michael J Klarman How Brown Changed Race Relations The Backlash Thesis The Journal of American History Vol 81 No 1 Jun 1994 pp 81 118 S Andrew Kull The Color blind Constitution Harvard University Press 1994 L Ira Katznelson When Affirmative Action Was White An Untold History of Racial Inequality in Twentieth Century America W W Norton Company 2006 L Week 3 September 20 The politics of affirmative action Required John David Skrentny The Ironies of Affirmative Action Politics Culture and Justice in America The University of Chicago Press 1996 L Recommended Jennifer L Hochschild From Nominal to Ordinal Reconceiving Racial and Ethnic Hierarchy in the United States in The Politics of Democratic Inclusion edited by Christina Wolbrecht and Rodney Hero Temple University Press 2005 19 44 Week 4 September 27 Cases I Required Ricci v DeStefano 2009 S Mitchell Rice and Maurice Mongkuo Did Adarand Kill Minority Set Asides Public Administration Review 58 1998 82 86 S Recommended Drew S Days Fullilove The Yale Law Journal 96 1987 453 485 S 2 Jed Rubenfeld Affirmative Action The Yale Law Journal 107 1997 1998 427 472 S Jed Rubenfeld The Anti Antidiscrimination Agenda The Yale Law Journal 111 12001 2002 1141 1178 S George R Lanoue Split Visions Minority Business Set Asides Annals of the American Academy of Political and Social Science Affirmative Action Revisited 523 1992 104 116 S Week 5 October 4 Cases II Required Barbara Perry The Michigan Affirmative Action Cases University Press of Kansas 2007 Chapters 2 3 5 7 and 8 L Parents Involved in Community Schools v Seattle School District No 1 2007 S Recommended Barbara Perry The Michigan Affirmative Action Cases University Press of Kansas 2007 other chapters L J Harvie Wilkinson III The Seattle and Louisville School Cases There is No Other Way Harvard Law Review 121 issue 1 Nov 2007 158 183 S Gary Orfield et al Statement of American Social Scientists of Research on School Desegregation to the U S Supreme Court in Parents v Seattle School District and Meredith v Jefferson County Urban Review 40 issue 1 Mar 2008 96 136 S Daniel I Morales A Matter of Rhetoric The Diversity Rationale in Political Con text University of Wisconsin Law School Legal Studies Research Paper Series Paper No 1120 S Stephen L Carter Reflections of an Affirmative Action Baby Basic Books 1992 S Week 6 October 11 Analytics I Required Robert Nozick Anarchy State and Utopia Basic Books 1974 Chapter 4 S John Rawls Justice as Fairness Political not Metaphysical Philosophy and Public Affairs 14 Sum 1985 223 251 S Amartya Sen Inequality Reexamined Harvard University Press 1992 Chps 1 3 and 7 S Extra Session October 11 7 00 8 30pm Room RKZ 5 Invited Guest Rogers Smith Christopher H Browne Distinguished Professor of Political Science University of Pennsylvania Required Desmond S King and Rogers M Smith Still the House Divided Race and Politics in Obama s America Chapters 4 and9 3 Week 7 October 18 Analytics II Required Douglass Rae Equalities Yale University Press 1989 L Recommended Levin Michael E Is Racial Discrimination Special Journal of Value Inquiry 15 1981 225 232 S Fiss Owen Groups and the Equal Protection Clause Philosophy and Public Affairs 1976 107 177 S Brooks D H M Why Discrimination is Especially Wrong Journal of Value Inquiry 17 1983 305 312 S Lowery Brian S Unzueta Miguel M Knowles Eric D Goff Phillip Atiba Concern for the in group and opposition to affirmative action Journal of Personality and Social Psychology Vol 90 6 Jun 2006 961 974 S Steven M Cahn The Affirmative Action Debates 2d ed New York Routledge 2002 L Week 8 October 25 Affirmative Action


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