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Author Messer-Davidow, Ellen, 1941- author.

Title The making of reverse discrimination : how Defunis and Bakke bleached racism from equal protection / Ellen Messer-Davidow.

Publication Info. Lawrence, Kansas : University Press of Kansas, [2021]


Location Call No. OPAC Message Status
 Axe 3rd Floor Stacks  344.0798 M563m 2021    ---  Axe Inventory 2022
Description viii, 415 pages ; 24 cm
text txt rdacontent
unmediated n rdamedia
volume nc rdacarrier
Bibliography Includes bibliographical references (pages 373-398) and index.
Contents Frenemies -- Just words? -- The stories they tell -- Coloring the case -- Plying fact and law -- The meanings of DeFunis -- Slanting the story -- Textualizing Bakke -- The Disappearance of Racism -- Places -- Conclusion : installing the new racism.
Summary "As universities were instituting affirmative action in the early 1970s, two white men challenged race-conscious admissions at professional schools. The now-famous cases of DeFunis v. Odegaard (1971-1974) and Regents of the University of California v. Bakke (1974-1978)-which opened the door to reverse discrimination-have been the subject of extensive analysis. Most of the voluminous literature has focused on the Court's far from definitive answers to important constitutional questions and only briefly summarized the facts disclosed at trial. But these factual records deserve more critical scrutiny than they have so far received. In The Making of Reverse Discrimination, Ellen Messer-Davidow restores to these two cases the facts that were omitted from or distorted during the trials, showing how the attorneys used the deficient factual record to construct reverse-discrimination complaints. In addition to examining the wider social and historical context, she provides a close analysis of the briefs, opinions, arguments, and dissents to uncover the flawed logic at the heart of these cases. Her study is an eye-opening look at the way the law and language were manipulated to devise racialized narratives that undermined the interests of minorities. The result is more than just a deconstruction of these two cases and a genealogy of reverse discrimination-though it is certainly that. Messer-Davidow uncovers the way contemporary legal discourse itself makes possible, indeed inevitable, the disappearance of systemic racism under the cover of purportedly neutral principles of law. She further shows how this legal occlusion of racism has been disseminated through conservative networks and organizations, creating the culture-war environment that currently hobbles societal efforts to address structural injustice"-- Provided by publisher.
Subject Affirmative action programs in education -- Law and legislation -- United States -- History.
Discrimination in higher education -- Law and legislation -- United States -- History.
Universities and colleges -- Admission -- Law and legislation -- United States -- History.
Race discrimination -- Law and legislation -- United States -- History.
Minorities -- Education (Higher) -- United States.
DeFunis, Marco -- Trials, litigation, etc.
Odegaard, Charles E., 1911-1999 -- Trials, litigation, etc.
Bakke, Allan Paul -- Trials, litigation, etc.
University of California (System). Regents -- Trials, litigation, etc.
Bakke, Allan Paul. (OCoLC)fst00020823
DeFunis, Marco. (OCoLC)fst00012690
Odegaard, Charles E., 1911-1999. (OCoLC)fst00052497
University of California (System). Regents. (OCoLC)fst00603185
Affirmative action programs in education -- Law and legislation. (OCoLC)fst01765592
Discrimination in higher education -- Law and legislation. (OCoLC)fst00895079
Minorities -- Education (Higher) (OCoLC)fst01023138
Race discrimination -- Law and legislation. (OCoLC)fst01086474
Trials. (OCoLC)fst01156290
Universities and colleges -- Admission -- Law and legislation. (OCoLC)fst01161630
United States. (OCoLC)fst01204155
Genre/Form History. (OCoLC)fst01411628
ISBN 9780700632206 hardcover
0700632204 hardcover
9780700632213 paperback
0700632212 paperback
9780700632220 electronic publication

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