Now that the initial fall-out over last week's Supreme Court's decision in Ricci v. DeStefano has settled and the implications for Judge Sotomayor's confirmation hearings have been discussed and debated, we might take some time to consider the where this decision falls in the longer arc of affirmative action and the Civil Rights act -- 45 years after its passage.
Specifically, two sections of Title VII of the Civil Rights Act of 1964 have long been in tension: Employees are...
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