Sentences with phrase «based affirmative»

Obtained order for inspection of corporate records and attorneys» fees after persuading Superior Court to dismiss various counterclaims and to strike a fraud - based affirmative defense

According to Freshfields Bruckhaus Deringer's Wolrad Prinz zu Waldeck und Pyrmont, who presented Apple's FRAND / antitrust arguments, Apple's antitrust - based affirmative defense, the merits which he says have been «factually determined by the European Commission», relates not only to injunctive but also monetary relief under German law.

If federal statutory law expressly commands that all covered federal employees shall be «free from any discrimination based on... race,» does that forbid the federal government from adopting race - based affirmative action plans?

In particular, focusing on college - bound high school students, we use a difference - in - difference methodology to analyze the impact of the end of race - based affirmative action at the University of California in 1998 on both the overall level of SAT scores and high school GPA, and the racial gap in SAT scores and high school GPA.

MYTH # 3: Race - based affirmative action gives Black and Latino students an unfair advantage over others.

Richard Kahlenberg has been called «the intellectual father of the economic integration movement» in K - 12 schooling, and «arguably the nation's chief proponent of class - based affirmative action in higher education admissions.»

Bolick was known for his work against race - based affirmative action.

After high school, Madati attended Georgetown University and majored in American Studies, writing a thesis on the importance of merit - based affirmative action.

If most universities want their student bodies to be as diverse as possible, then why is the use of race - based affirmative action declining?

• Perhaps these top colleges are putting a greater focus on SAT scores, especially after the Supreme Court limited their ability to perform race - based affirmative action.

Rather than abide by the precedent of Regents v. Bakke (1978), which allowed for affirmative action within certain constraints, Scalia expressed categorical opposition to race - based affirmative action.

The argument for colorblindness in this context, however, is no different from the argument used against race - based affirmative action.

«If you keep putting the pieces together, it does seem that from the court's perspective, we're on the slow path to eliminating race - based affirmative action.»»

Remarkably, in some of the most high - profile cases the court ever heard — namely, cases involving race - based affirmative action — Scalia never offered an originalist defense of his views.

Assistant Professor Natasha Warikoo, who recently wrote an L.A. Times op - ed about affirmative action, points out that although race - based affirmative action is still legal, universities can't rely solely on academic freedom to justify admissions policies.

He has been called «the intellectual father of the economic integration movement» in K - 12 schooling, and «arguably the nation's chief proponent of class - based affirmative action in higher education admissions.»

Not exact matches

So, this argument that affirmative action somehow is causing it doesn't really seem to have much of a logical basis.

«making a distinction in treatment based on race» is not enough information to judge morality, you would indict all affirmative action?

@Chad «making a distinction in treatment based on race» is not enough information to judge morality, you would indict all affirmative action?»

But surprisingly, the black conservatives overlook the fact that affirmative action policies were political responses to the pervasive refusal of most white Americans to judge black Americans on that basis.

But there is no basis for this reasonableness in the theory of affirmative action and little evidence of it in the practice.

We may contrast this rigorism with Nathaniel Ward's dictum as the self - appointed spokesman for the most rigid of the English — the Bay Puritans — that while Scriptural injunctions make it impossible for the State «to give an Affirmative Toleration to any false Religion, or Opinion whatsoever» on the basis of concession as a right, yet it «must connive in some Cases.

Rather obviously, affirmative action has a stronger moral basis than Jim Crow laws.

The IWD otherwise known as the United Nations (UN) Day for Women's Rights and International Peace has since gained international recognition and celebrated world wide in different forms and even gained the status of a holiday in some countries such as Ukraine The day has also been marked under various themes encompassing peace and security, human rights, gender based violence, conflicts and hunger, education, gender equality, empowerment and affirmative actions, inclusion of woman in decision making, the Millenium Development Goals (MDGs) and many more.

But those provide a way of protecting against racism, even with measures like affirmative action or the fight against segregation based in the fallout from racism (social / cultural / geographical segregation, for example).

As an Affirmative Action and Equal Opportunity Employer, Wake Forest Baptist Medical Center and its affiliates administer all educational and employment activities without discrimination or based on any protected characteristics such as race, sex, age, religion, national origin, disability, sexual orientation, gender identity or Veteran status (except where sex is a bona fide occupational qualification or a statutory requirement) in accordance with all local, state, national laws, Executive Order 11246, Executive Order 13496, the Vietnam Era Veterans» Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4214 (VEVRAA) and Section 503 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 7903), regulations, and guidelines.

I'm not suggesting that Mann had some obligation to practice affirmative - action casting, especially when telling a story based on actual events, but «The Insider» inadvertently makes clear just how white and male the upper echelons of business and media remain in this country.

In this edition of the Harvard EdCast, Cashin, author of Place, Not Race, explains how the benefits of race - based admissions decisions are actually outweighed by the social costs, and argues for a return to what she considers the original intent of affirmative action policies: helping people — no matter their race — who have been systemically locked out of opportunity.

Indeed, colleges and universities are even frequently evaluated on the racial, geographic, and socioeconomic diversity of each incoming class of students, and affirmative action policies in admissions are based on the rationale that the presence of campus diversity enriches the learning environment.

Texas created the policy in 1997 after a federal appellate court ruled, in Hopwood v. Texas, that the state's previous affirmative - action system based on racial preferences was unconstitutional.

Class sessions that critiqued notions of social justice and multiculturalism, raised concerns about affirmative action or a culture of «victimhood,» advocated phonics and back - to - basics instruction, or were generally positive with regard to testing or choice - based reform were coded as «right leaning.»

The U.S. Supreme Court's agreement last week to take up the legality of race - based admissions in higher education sets the stage for a ruling on affirmative action that is likely to reverberate throughout precollegiate schools as well.

At a time of growing national recognition of the need for a policy shift to more successful approaches to school reform, this collection of mini-briefs identifies affirmative, research - based approaches to reform in areas including school choice, portfolio district reform, and teacher deprofessionalization.

Even if the Court should reject affirmative action, that would not invalidate existing lawsuits that are based on claims of unconstitutional racial segregation.

Through an affirmative, strengths - based model, we will work with your staff to answer the following questions:

Instead we hear about community organising and cooperatives, «affirmative action,» social justice, spirit fingers, noble Che Guevara, global authorities, expansion of entitlements and rights, which are ironically based upon the contraction of someone else's rights.

In 2012 the General Court answered this question in the affirmative and annulled two decisions of the Commission which were based on a regulation which was deemed incompatible with the Aarhus Convention.

Many of our clients are subject to affirmative action obligations based on their government contracts and subcontracts and we are experienced in drafting and reviewing affirmative action plans and in representing clients with regard to Office of Federal Contract Compliance Programs audits.

This affirmative answer of the ECJ, therefore, is essentially, solely based on the full effectiveness of Article 101 (1) TFEU.

If I run a Natural Language search in Westlaw.com for «affirmative action in higher education» in the All Federal Cases database, the old search engine looks at the important terms from my search and based on their proximity to one another and the frequency with which they appear, it provides me with a list of cases it thinks I want.

The defense raised an affirmative defense of novation based on the option agreement, a defense that was successful.

Empirically, it is based on the rapid increase in transnational2 interaction (both business and personal) and the resulting development of increasingly complex and increasingly frequent legal problems that raise transnational legal issues as well.3 Normatively, it rests on the view that legal education has an affirmative obligation to expose students to other nations, cultures, and legal systems.4 Legal educators now widely agree that American law schools need to do more to bring international and foreign law prominently into the law school curriculum.

The Civil Rights Act of 1964 went further, prohibiting discrimination on the basis of race, colour, religion, sex, or national origin, while never explicitly mentioning affirmative action.

The Maine Supreme Court answered in the affirmative, not relying on the Restatement language, but based on the facts presented in the case, determining that liability could be established on a theory of simple negligence.

In Douglas, a 5 - 4 majority vacated the Ninth Circuit's affirmative answer to that question based upon an intervening change in the administrative posture in the case — without endorsing or criticizing the Court of Appeals» ruling.

The whole process is anti-meritocratic, as affirmative action quotas are given more weight than competitive, talent - based applications for positions.

In this lawsuit, Cosby raised an affirmative defense that Singer's demand letters to media outlets were shielded by litigation privilege, meaning that the attorney's statements were in conjunction with an anticipated or actual court action and couldn't form the basis of a defamation claim.

The Justice Department's civil rights division is planning to sue colleges and universities that engage in «intentional race - based discrimination» in their affirmative action policies — that is, discrimination against white applicants.

«While U.S. Supreme Court caselaw has been widely inconsistent in how to approach these claims, state constitutions offer more affirmative and explicit protections for the right to vote than the U.S. Constitution and can serve as a basis for attacking an unfair plan,» Tolson said.

However, pay differentials are permitted when they are based on affirmative defenses like seniority, merit, quality of production, or any factor other than sex, but it is the employer's burden to prove when these defenses apply.