Article(print)1980

TWISTING THE LAW

In: Policy review: the journal of American citizenship, Issue 12, p. 39-58

CAPALDI N

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Abstract

ESSAY BEGINS WITH A DISCUSSION OF TWO TITLES OF THE 1964 CIVIL RIGHT ACT, DISCUSSES THE LEGISLATIVE ENVIRONMENT IN WHICH THEY WERE ENACTED & NOTES HOW THE POLICY OF AFFIRMATIVE ACTION WAS THE RESULT OF BUREAUCRATIC REGULATION AND IS NOWHERE INDICATED IN THE LAW. THE AUTHOR SUGGESTS THAT THE BUREAUCRACY JUSTIFIES ITS DISTORTION OF A CONGRESSIONAL ACT BY RESORTING TO JUDICIAL "CONFIRMATION".

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