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

Law in Higher Education (Affirmative Action in Higher Education) - Research Paper Example A period of legal certainty is closely followed by a longer period of uncertainty. The objective of this paper is to critically analyze 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 â€Å"policies or procedures which attempt to increase the representation of an underrepresented, protected group (primarily minority or female but may include other groups such as aged) in education or employment through consideration in decision making of an applicant’s race, sex, or other protected group status† (p.5). Affirmative action has been employed as the primary tool for addressing 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 Educa tion (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 one’s life chances and increases the likelihood of entering a position of corporate or political leadership (Mullen, 2012). There exists a rich and complex legal 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, especially 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 Court’s decision in Plessy v Fergusson where the court held that separate but equal accommodation did not violate the constitution giving rise to segregationist tendencies across United States. The modern day term ‘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 put practical measures tha t transformed equality as a theory to equality in fact and result (Brunner and Rowen, 2007). Argument in Favor of Affirmative Action There are two core arguments that justify 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 citizens in a democratic state. Americans come from diverse background, and America is set to become more 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 benefit holistically from diversity because

Courage Essay Example | Topics and Well Written Essays - 750 words

Courage - Essay Example The average person derives an image of a superhero when thinking about courage. However, that a limited view of what courage means. This is because it can be applied to so many other aspects of life. The second half of the definition in regards to negative forces is what allows for individual perspective on the word. For example, courage can pertain to a person stopping a gunman from shooting another victim despite the immense danger he or she faces in possibly getting maimed or dying in the process. On the other hand, courage can be reflected in the depths of an individual who recently became crippled and has to face the pain, difficulty and fear of starting life in a new way with new challenges. Both situations involve a form of evil to some extent and to be courageous is appropriately applied to the people involved. The situation also does not have to be a severe one that radically changes peoples’ lives. There is no indication in the definition of courage that there has to be a big or massive negative situation that happens to someone for it to maintain its context. Courage can be applied to as little a situation as giving a successful speech in front of a classroom of students or having the courage to try something new whether it is a type of food or a physical activity. The definition is also not limited to who can have courage. The definition does not state that a particular kind of person can achieve this mental state. This is where it gets tricky. The definition does not say who can have courage, but does that mean an animal can? Can a dog have courage? Most would agree that animals or people who do not have a clear understanding of the term courage cannot be courageous. However, if you go by the actual definition, it fails to decipher whether having courage is a human attribute or not. The fact is that that courage is a feat attributed to a mental or emotionally state of mind. Courage is then taken on and assigned to an individual based on his or her performance during a physical or outward activity that is negative in some fashion. A person cannot have courage in face of something that is not difficult or terrifying on some level. Works Cited "courage." Merriam-Webster. 2011. Web. 2 Nov. 2011. . â€Å"fear.† Merriam-Webster. 2011. Web. 2 Nov. 2011 http://www.merriam- webster.com/dictionary/fear. â€Å"difficulty.† Merriam-Webster