Principle Of Affirmative Action Research Articles

“Social Elevator”: Research of Affirmative Action Program

This work investigates the academic performance of students enrolled in the “Social Elevator” program at Higher School of Economics (HSE University), which operates under the principle of affirmative action and aims to assist those students who have lower chances of admission due to various social reasons in a highly competitive environment. Objective admissions in Russian universities and the high selectivity of the HSE University, discussed in this paper, do not confidently allow the application of conclusions from foreign studies to the Russian experience. The program had not been previously researched. It was assumed that students of the program would show higher performance than their peers admitted on a general basis – this assumption follows from qualitative research that found that students of this program possess a progressive narrative of overcoming inequality. Regression with dummy variables based on administrative data on student performance and survey data on the socio-economic status of students are used for the analysis. According to the regression analysis results, all else being equal, students of the “Social Elevator” program demonstrate lower performance than students admitted on budgetary places on general grounds, although they average grades at the “good” level and therefore have a chance to get a return to education and overcome inequality. Further research on the topic is required to separate the secondary effects of inequality, as well as to assess the actual social mobility of students participating in the program. The results can be useful in designing educational policy in the field of expanding access to higher education.

The Federal Character Principle and Political Exclusion of Southeast Nigeria, 2015–2019

The incidence of political exclusion in the world has continued to increase among different ethnic groups, and this has continued to generate tension. However, in Nigeria, the inception of the current democratic dispensation in 2015 led to the politics of exclusion in sheds of opinions of individuals whose contributions are required for the development of the country and in political appointments of people from particular religious and ethnic groups. Though the federal character principle of affirmative action has received reasonable scholarly attention, these studies have failed to examine how non-adherence to this policy initiative has increased the marginalization of the Southeast zone of Nigeria from 2015 to 2019. Based on the expository strength of the social exclusion theory and through a rigorous content analysis of data collected using the documentary method, it was argued that the non-implementation of this principle increased the marginalization of the southeast zone. Tables and figures validated these results in our analysis. Thus, emphasis is not only placed on affirmative action but rather on the manner in which it is performed. Our thought for policy implications considered the urgent need to review extant laws and policies enacted on inclusiveness, focusing on the yearly release of data by the commission across the country and effective sanctions for defaulters.

Legal Ambiguity and Its Impact on Community Criminalization in Mining Obstruction Cases: An Inclusive Legal Perspective

This normative legal research scrutinizes the implications of criminal provisions concerning parties who hinder mining, and critically investigates an inclusive legal perspective on the penalization of such parties. The research, underpinned by a conceptual and statutory approach, identifies that the ambiguous penal provisions can potentially result in criminalizing local communities engaging in activities perceived as obstacles to mining operations. It highlights a critical contradiction between these punitive measures and the principle of affirmative action within prophetic law. The study also exposes a legal obscurity pertaining to the lack of parameters to define acts that hinder or obstruct mining operations, which contributes to the risk of community criminalization around mining sites. The research culminates in suggesting legal and political strategies to address this issue: a judicial review at the Constitutional Court, and hearings and aspirations at the People's Representative Council (DPR) to revise mining criminal law regulations. This study reveals that such interventions are crucial to ensure lex certa, a component of the principle of legality, which can provide legal certainty to affected communities, thus reducing unwarranted community criminalization.Highlights:
 
 Legal ambiguity may criminalize local communities.
 Current punitive measures contradict affirmative action.
 Judicial review and legislative amendments are necessary for legal certainty.
 
 Keywords: Legal Ambiguity, Mining Obstruction, Community Criminalization, Inclusive Legal Perspective, Affirmative Action.

Water ‘Apartheid’ and the Significance of Human Rights Principles of Affirmative Action in South Africa

Water is an essential necessity for human beings; however, South Africa has a long history of inequalities dating back to apartheid politics and legislation which denied access to water to disadvantaged black populations mostly residing in rural areas. Although apartheid has officially ended, whether the lack of access to water by such populations who still cannot afford it exists and aligns with international human rights principles of equality and non-discrimination merits an examination. To redress the injustices of the apartheid regime, the right to have access to sufficient water is entrenched in section 27(1)(b) of the 1996 South African Constitution. In addition to embracing equality and non-discrimination, the Constitution informs other instruments and measures such as free basic water policy and pre-paid meters meant to ensure access to water. However, the plight of these populations persists in post-apartheid South Africa, but it is rarely a subject of academic scrutiny how the notion of affirmative action as grounded in the principles of equality and non-discrimination under human rights law can be deployed as a response. Using a doctrinal research approach, this article argues that the continuing struggle of disadvantaged communities with access to water does not only constitute water apartheid, it negates the human rights principles of equality and non-discrimination. The principle of affirmative action is useful in responding to inadequate access to sufficient water by disadvantaged populations in post-apartheid South Africa.

How do fairness definitions fare? Testing public attitudes towards three algorithmic definitions of fairness in loan allocations

What is the best way to define algorithmic fairness? While many definitions of fairness have been proposed in the computer science literature, there is no clear agreement over a particular definition. In this work, we investigate ordinary people's perceptions of three of these fairness definitions. Across three online experiments, we test which definitions people perceive to be the fairest in the context of loan decisions, and whether fairness perceptions change with the addition of sensitive information (i.e., race or gender of the loan applicants). Overall, one definition (calibrated fairness) tends to be more preferred than the others, and the results also provide support for the principle of affirmative action.

The Influence of Gender Quotas on Women’s Participation in Legislative Processes in the National Assembly of the 11th Parliament of Kenya (2013 -2017)

This study sought to explore whether indeed the increase in number of women occasioned by Affirmative Action principles in the 2010 Constitution of Kenya has enhanced women’s political participation in the National Assembly. The specific objectives were: to analyze the levels of women parliamentarians’ participation on agenda setting and policy output in the National Assembly; to assess the effectiveness of gender quotas as a political tool for ensuring pursuance of the gender agenda in the National Assembly and to discuss constraints faced by women parliamentarians as they seek to influence policy output and enact laws. The March 4, 2013 General Elections which ushered in the 11th Parliament were considered landmark owing to the fact this it was the first General Election to incorporate affirmative action seats. As the term of the 11th Parliament came to a close, it was highly important to find out how effective gender quotas have been in achieving meaningful change for women representatives. The study was guided by Hanna Pitkin’s (1967) framework that she employed in her work “Conception of Women’s Political Representation”. The study was additionally informed by Dahlerup (1988) “Critical Mass theory”. The study made use of cross-sectional descriptive study design. The study was done with members of KEWOPA from the National Assembly of the Parliament of Kenya. The membership of the association consists of all the women Members of Parliament from all the political parties both elected and nominated. The target population of the study were the 68 KEWOPA members from the National Assembly with a sample size of 40 respondents calculated using the Yamane model. Questionnaires were used as the main data collection tool alongside key informant interviews and in-depth interviews. Validity and reliability of the instruments were measured to ensure accuracy and consistency. The study data was analysed thematically. A descriptive approach was involved where direct quotes and selected comments from informants have been used to explain the trends. Triangulation of data was done by looking into complementary and divergent opinions across the key informant interviews and in-depth interviews. The findings of the study suggest that there is still need to create and expand opportunities for women parliamentarians to enable them become more active and effective participants in the legislative processes of the National Assembly. The findings raises the question on what current efforts are being put in place by political parties and the Registrar of Political parties to ensure that the Affirmative Action. The findings are useful to assess the gains of women political representation and inform the lessons; experiences and can be harnessed to strengthen effective women’s political participation in legislature and policy making. They will contribute to informed public debate and critique on the effectiveness of women’s affirmative action for increased participation and visibility on political platforms. Finally, legislators in parliament and policy makers in government will benefit from insights into what it takes to effectively support women’s participation in legislative processes and how to leverage their numbers in parliament to the country’s advantage. Women aspirants need to be made aware of the challenges they expect to face at the National Assembly. It is also critical to raise awareness among women aspiring politicians and other members of the community to create awareness and address the stereotypes that have continued to ensure only a handful of women succeed in the legislative space. As women and women’s organisations continue to agitate for an increase in number of women legislators, they should equally work to transform the ideology of patriarchy and retrogressive institutional culture in Parliament.
 This is an open-access article published and distributed under the terms and conditions of the Creative Commons Attribution 4.0 International License of United States unless otherwise stated. Access, citation and distribution of this article is allowed with full recognition of the authors and the source.

The Restorative Proportionality Theory

This article offers a normative framework for affirmative action. It argues that affirmative action is not about diversity, but correcting historical injustice. The theory’s presumption is that racial groups would perform equally if not for history, because talent and hard work do not vary by race. The article explores the implications of that premise in answering the most provocative criticisms of affirmative action. Should white students pay for historical wrongs? Should African immigrants benefit from affirmative action? Are Asian Americans unfairly disadvantaged? The article proposes proportional representation as a limiting principle of affirmative action, because preferential treatment beyond proportionality contradicts the theory’s presumption of equal performance. The article proceeds to argue that some groups, like Asian Americans, rebut the presumption by fairly outperforming others and should not be penalized. Finally, the article argues that groups should not be classified on race per se, rather on a shared experience of injustice.

IZOSTANAK POLITIČARKI U PLAĆENOM OGLAŠAVANJU, PREDIZBORNI TV SPOT, SRBIJA 2012. I 2014

Cilj rada je da dekonstruiše strategije političkih partija iz rodne perspective u odnosu natelevizijsko predizborno političko plaćeno oglašavanje u kampanjama 2012. i 2014. u Srbiji.Cilj je takođe da se analizira lično iskustvo političarki da bi se na nov i drugačiji način analizirale prakse i strategije partija u odnosu na vidljivost kandidatkinja u vreme predizborne kampanjeu medijima. Metode korišćene u istraživanju su: kritička analiza medijskog diskursa(jedinica analize je tv spot u celini, verbalna, vizuelna i zvučna komponenta), komparativnametoda i životne priče kandidatkinja. Osnovna hipoteza je da bez obzira na to što su, shodnozakonskim odredbama, na kandidatskim listama, u oba analizirana izborna ciklusa, ženezauzimale svako treće mesto – one su podzastupljene u plaćenom političkom medijskom reklamiranju(TV spotu). Osnovni rezultat je da su medijske plaćene kampanje bile maskulinizirane.U fokusu je samo partijski lider. Kandidatkinje su podzastupljene u oba posmatranaperioda. Partije nisu rodno senzibilisane kada je reč o političkom plaćenom oglašavanju uvreme predizborne kampanje.

Women Marginalization in Electoral Politics in Nigeria : A Historical Perspective

Global patriarchy has given ascendancy to men in politics, authority and decision-making in and outside the family. Under such a male-centred system without a female face, women lack access to politics and decision-making and are highly under-represented at most levels of government. This paper analyses marginalization of women in decision-making and the challenges encountered by female politicians on their way to political participation in Nigeria. It also, contends that the power relations that have prevented women from political activism operate in many levels of society, from the most personal to the highly public. It argues that the gender uneven electoral politics in Nigeria is as a result of men’ majority in the political party hierarchy, which places them at a vantage position to influence party’s internal politics in terms of selecting or electing candidates for electrons, and political patronage .The paper notes that socio-cultural, economic, political, organizational, legal and political factors have combined to shape the “home-centred’ perception of Nigerian women ,and explains the level of participation of women in political and bureaucratic decisionmaking positions. To reverse the historical under-represented Nigerian women in politics, and decision-making in governance, the paper proposes a triad strategy for women empowerment. First, is a women friendly legal framework in which affirmative action principles are incorporated into the Nigerian Constitution and Electoral Act. Second, is exhibition of positive role modeling for gender image laundering by the few women in top political and administrative positions .Third, is the advancement of women’ agenda and support of party activities as well as funding of women who are actively seeking political offices as a mechanism for addressing the imbalances and injustices against Nigerian women.

Basic Education for Children with Special Needs in Zambia

Zambia’s national policy on the formal education of children with special educational needs (CSEN) began to evolve following the completion of a nation-wide campaign to reach disabled children (ZNCRDC), which was spurred by the UN declaration of 1981 as the International Year of Disabled Persons (IYDP). The campaign generated epidemiological estimates of the prevalence of various types of disability among the population of basic school age (5–15 years), that showed that existing special educational provisions were reaching less than 10 per cent of those ascertained as severely disabled. The first phase of public policy focused on programmatic expansion in the 1980s of the number of units, located within the premises of existing basic schools, and offering specialised educational support to children with one particular broad type of disability (hearing, intellectual/learning, physical/mobility, or visual). This expansion programme was retarded by a number of fac-tors: resource constraints arising from a severe, national economic recession; refocusing of the principle of affirmative action to ensure equity to prioritise action to redress the disadvantages faced by girls (PAGE), and by children orphaned by the AIDS pandemic (OVC); and heightened emphasis on the principle of inclusion, which was often operationalised in the form of mainstreaming. Concurrently with the expansion of specialised units for CSEN, the quality of instruction and certification for specialist teachers was upgraded by the re-staffing and rehabilitation of the national college (LCTH/ZAMISE). Despite the enlarged output of qualified teachers from the College, staffing of CSEN units has remained problematic, largely due to poorly managed deployment of the college’s graduates. A recent shift in policy at the college in response to this problem has involved preparing graduates with skills to address the special educational needs of children with all four broad types of disabilities. Several lines of evidence are reviewed on these trends, including government policy documents and statistical reports, as well as a qualitative analysis of interviews with a sample of key informants. Major challenges currently faced by the government in attaining its policy objectives are itemised and some strategic options for addressing them are presented.

Erratum zu: "De favore peregrinorum:Minderheiten- und Fremdenfreundlichkeit am Wiederbeginn europäischer Staatlichkeit"

The constitutions of Melfi of Friedrich II. of Hohenstaufen for his kingdom of Sicily of 1231 represent the new beginnings of European statehood. The underlying implicit idea that helplessness and ignorance of foreigners and members of minorities require special care by the state and its representatives as well as by the public points to the core of the international principle of affirmative action. It would offer modern European national states a much needed base for a peaceful coexistence.

University Faculty Attitudes on Affirmative Action Principles Toward Faculty and Students

Despite its relatively short history, policies connected with Affirmative Action have endured a controversial social, political, and legal past. Higher education has witnessed much of this controversy firsthand. Because the venue of many Affirmative Action battles has been waged within educational settings, faculty in higher education are uniquely positioned because they are integrally involved in decisions regarding faculty hiring as well as student admissions, particularly at the graduate level. Therefore, this study examined the attitudes of faculty toward Affirmative Action principles and reverse discrimination as they might apply to students and faculty colleagues, with particular attention to which concepts were more supported. Results from 428 faculty indicated general support for diversity, although specific concerns were raised regarding reverse discrimination and the appropriateness of targeting persons of color or women. The most favorable attitudes supported students with demonstrated financial need. Potential future approaches to Affirmative Action in higher education are discussed.

From Affirmative Action to Full Spectrum Diversity in the American Workplace

This article addresses the need to enhance both group diversity and individualism in the workplace by shifting attention away from affirmative action principles and strategies, as they are commonly implemented, and by focusing more on securing a comprehensive, or full spectrum, diversity in the workplace To do so, an accompanying shift in organizational paradigm must also occur, from one externally-driven to one that uses internally-based incentives to accomplish full spectrum diversity A workplace strategy is constructed which attempts to (1) eliminate the perceived or actual weaknesses found currently in many affirmative action practices and (2) maintain and enhance the asset of diversity m the American workplace.

The Continuing Vitality of Affirmative Action Diversity Principles in Professional and Graduate School Student Admissions and Faculty Hiring

Thurgood Marshall was unquestionably the greatest lawyer of the 20th century in the United States and perhaps the world. However, not too many years before Marshall successfully argued the 1954 Brown v. Board of Education of Topeka, Kansas case, which set the stage for the desegregation of all public education in the U.S., Marshall. himself had been denied admission to the University of Maryland Law School because of the color of his skin. Wounded but not defeated by this egregiously deliberate racial discrimination, he went on to excel as a superb law student at the Howard University Law School. There, Marshall was inspired by magnificent teachers and lawyers such as Charles Hamilton Houston. Upon obtaining his law degree, Marshall embarked on a remarkable career that included experiences as the general counsel of the National Association for the Advancement of Colored People (NAACP) and the nation's leading civil rights attorney, as the Solicitor General of the United States, as a judge on the United States Court of Appeals for the Second Circuit, and culminating as an Associate Justice on the Supreme Court of the United States for nearly a quarter of a century (Rowan, 1993).It is most appropriate that some of Marshall's most significant legal victories prior to Brown involved successful challenges to the racially discriminatory and exclusionary policies of major state public university law schools. In State of Missouri, ex. rel. v. Gaines (1938) and Sweatt v. Painter (1950), for example, Marshall achieved favorable decisions overturning the racial discriminatory and exclusionary practices of the then all-White law schools of the universities of Missouri and Texas, respectively. These victories were especially sweet ones for him given his own personal experiences of denial and rejection, based on race, in his pursuit of a legal education.It was not until 1974, fully two decades after its landmark decision in Brown, that the United States Supreme Court again faced the issue of racial discrimination in professional school education in DeFunis v. Odegaard. Significantly, and as would be expected, now-Justice Thurgood Marshall was among the dissenting voices in this case, which presented an opportunity for the Court to decide whether an affirmative action admissions policy adopted by the University of Washington Law School failed to meet the equal protection provisions of 14th Amendment. By a narrow 5-4 margin, however, the Court deemed the case moot, signalling that it was neither willing nor prepared to decide the first of the major post-Brown race discrimination cases in the realm of professional school and higher education.The DeFunis case involved a White male applicant, Mark DeFunis, who had graduated with distinction from college. After repeated unsuccessful efforts to obtain admission, DeFunis sued the University of Washington Law School and its chancellor in federal district court. He alleged that persons in recognized affirmative action classifications were admitted, despite their lower predicted first-year averages, because of their race or color.(1) As a White applicant, DeFunis claimed, he had been unconstitutionally denied admission in violation of his 14th Amendment right to equal protection. The Court, under the auspices of Associate Justice William Douglas, granted interlocutory relief to DeFunis. This allowed him to be admitted to and attend the law school while his case proceeded through the lower federal courts. By the time the matured case returned to the Supreme Court, DeFunis was in the final semester of his last and third year of the law degree program. Because his graduation was imminent and in all likelihood assured, the Court refused to hear the case on the merits, deeming it moot.By 1978, however, the situation had changed. In what has become perhaps the landmark post-Brown decision in this area of contention, at least in the public university context, the Supreme Court endorsed the principle of affirmative action in University of California v. …

Misperceptions of women and affirmative action principles in faculty hiring: Response to Elliott's comment on Bronstein et al.

Misperceptions of women and affirmative action principles in faculty hiring: Response to Elliott's comment on Bronstein et al.

Misperceptions of women and affirmative action principles in faculty hiring: Response to Elliott's comment on Bronstein et al.

Misperceptions of women and affirmative action principles in faculty hiring: Response to Elliott's comment on Bronstein et al.

City Managers, Police Chiefs, and Fire Chiefs in the South: Testing for Determinants and Impact of Attitudes Toward Affirmative Action

This study analyzes (1) the extent to which city managers, police chiefs, and fire chiefs in southern municipalities support affirmative action recruitment, (2) the factors which shape these attitudes, and (3) the extent to which bureaucratic attitudes contribute to actual recruitment patterns. Based predominantly on survey research, findings indicate that each set of public employers supports the principle of affirmative action. Yet, they are much less supportive of its implementation. Primary determinants of attitudes are found in demographic, political, and personal characteristics. In the case of affirmative action in the South, bureaucratic attitudes have negligible impact on bureaucratic behavior. Questions are raised about the linkages in the theory of representative bureaucracy.

The Commitment of the American Political Science Association to the Principle of Affirmative Action: A Report of the Committee on Professional Ethics, Rights and Freedoms to the Council of APSA

The Commitment of the American Political Science Association to the Principle of Affirmative Action: A Report of the Committee on Professional Ethics, Rights and Freedoms to the Council of APSA

The Commitment of the American Political Science Association to the Principle of Affirmative Action: A Report of the Committee on Professional Ethics, Rights and Freedoms to the Council of APSA

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The US Supreme Court and Affirmative Action: The Cases of Bakke, Weber and Fullilove

If reports are to be believed, “waiting for Bakke” was the main preoccupation of the Washington press corps in the Spring of 1978. The case had been argued before the United States Supreme Court in a blaze of publicity, and, while the nine judges were considering the arguments, there was no shortage of commentators to “advise” the Court. As one of these “advisers,” Ronald Dworkin, noted “No lawsuit has ever been more widely watched or more thoroughly debated in the national and international press before the Court's decision.” Thus when Mr. Justice Powell began to read the opinion of the Court in Regents of the University of California v. Bakke, a “hush enveloped the courtroom.” The audience was hushed but expectant because it believed that it was about to witness a judgement of momentous historical importance. The pre-decision coverage suggested that the Court was either going to give or deny its constitutional imprimatur to the principle of affirmative action or preferential treatment. But unfortunately the judgement did not live up to its advance publicity. It did not definitively decide the issue, in fact it decided remarkably little. True, Allan Bakke did win and the University of California lost. However, the fate of affirmative action programmes was not resolved, and indeed despite the Supreme Court's pronouncements in two further cases, United Steelworkers of America v. Weber and Fullilove v. Klutznick, continues to hang in the constitutional balance.