Law in Higher Education (Affirmative Action in Higher Education) Research Paper

Law in high(prenominal)(prenominal) instruction (Affirmative Action in Higher Education) - Research Paper ExampleA period of sancti 1d certainty is closely followed by a longer period of uncertainty. The objective of this paper is to critically dismember the place of affirmative action in higher education today. Key words Affirmative action, compensation, discrimination, diversity, higher education. Affirmative Action in Higher Education Law Doverspike, Taylor and Arthur (2006) define affirmative action as policies or procedures which attempt to increase the representation of an underrepresented, protected assort (primarily minority or female barely may include other groups such(prenominal) as aged) in education or employment with consideration in decision making of an appli sternts race, sex, or other protected group status (p.5). Affirmative action has been employed as the primary tool for make outing gender, racial and ethnic inequalities. Education has been one of the key battlegrounds in the application of affirmative action evidenced by the popular cases such as Brown v The Board of Education (1954). This is because education is highly valued in the American society due to its ability to impact on the life of an individual. Graduating from a selective institution enhances ones life chances and increases the likelihood of entering a position of corporate or political leaders (Mullen, 2012). There exists a rich and complex healthy framework that governs affirmative action in higher education. ... The debate Affirmative action is a focal point of public debate because of political and legal developments at the federal, state and local levels. Events that shaped the modern day affirmative action dates back to 1860s, particularly following the promulgation of the 14th amendment. The amendment forbade states from enacting laws that denied American equal protection of the laws. It suffered setbacks for instance following the Supreme administrations de cision in Plessy v Fergusson where the court held that separate but equal accommodation did non violate the constitution giving rise to segregationist tendencies across United States. The modern day frontier affirmative action traces its origin to President Kennedy, who in 1961 through Executive Order number 10925, introduced methods to address discrimination which had persisted regardless of constitutional guarantees and civil rights laws. It was developed and first enforced by President Johnson who draw up practical measures that transformed equality as a theory to equality in fact and issue (Brunner and Rowen, 2007). Argument in Favor of Affirmative Action There are two core arguments that unblock affirmative action. First, affirmative action ensures diversity in any democratic society. If left to chance, diversity can never be achieved. Part of the education process is to prepare students to interact with people from other nationalities. It prepares students to be better ci tizens in a democratic state. Americans come from diverse background, and America is set to become much diverse in the decades to come (Kowalski, 2006, p. 38). America prides itself on the diversity of its citizenry. Institutions and the whole academic field realise holistically from diversity because