Correspondence
possibility that agency rule assumptions merit, Title VII, past discrimination, Correspondence are the real issue,...
...It presumes an omniscience on the contributions to Amnesty International same way...
...political-legislative process can hope to used by federal agents includes female...
...McEvoy is ble and creative than that...
...Cowan powerless for two weeks, give special training and advice to be more persuasive...
...Professor Index of American Periodical Verse, Book Renot civil rights law...
...C, 207 East St., N.Y., N.Y...
...tional poll is that the American people, Court has involved itself in the most con- McEvoy, is no substitute for acting on contrary to the opinion of people like troversial moral and political issues and the message, and I wanted the article to Isidore Silver, are not opposed to Affir- Justice Powell's Bakke opinion, as I stimulate thinking about the problem and mative Action programs...
...Copyright ©1979 Commonweal multitude of industrial relations tech- cisely because of the many factors which Publishing Co...
...signed/Married Priests...
...As a fellow professor of white male standard that includes black, all-pervasive problem, and to avoid a Constitutional Law, I can appreciate Indian, Hispanic and female, does not further racial split...
...Contact Msgr...
...the moral sense of a people...
...dressed in my piece, I do not feel that I under Title VII as interpreted by the Within the past ninety days Louis Har- can add anything enlightening to what he Court and Congress's disinclination to ris and Associates have completed a said...
...Commonweal is indexed in Reader's Guide 'to for everyone" quotas as affirmative ac- May I add only one more dimension to Periodical Literature, Catholic Periodical Index, tion is untested federal agency opinion, this agonizing problem...
...Justice Marshall in Bakke Policy and administration are no truly caught up in the fruits of the original forcefully and eloquently states the case longer a staffed operational responsibil- sin of slavery...
...address society's obligation to rectify the It seems to be a form of Greek tragedy area have gone about as far as they can go tragic experiences of black citizens...
...c) the illegality of at least some can public...
...Agency rules im- being isolated into one agency with five tive action-absent any clear showing of posing quotas in Weber do not redress people arbitrating the competing inter- particularized past discrimination-must the grievances he documents...
...Still: In my review perform better on the job...
...Write Peter Sperling-Book, dressed could even be encouraged to a with the Court on this case due to previDept...
...about proofreading...
...Microfilm from Vol...
...The result of federal administrative action failed effort and can only result in ad- problem has now become so entwined in and the assumptions for their actions is ministrative failure...
...Silver-and other constitutional view Digest and Book Review Index...
...Stoltz, 1142 Afford Ave., Birmingham, AI...
...To bypass this process details...
...I have reason to believe that quite different questions from those ad- of the programs favored by the public he is wrong about public opinion...
...I would like to suggest to Professor history of discrimination in the country, To the Editors: Professor Isidore Silver's Silver and others that Defunis, Bakke, its lasting effects for blacks in every secevaluation of Weber vs...
...ROBERT G. HOYT such programs for blacks in industry, and was not a "naysayer" and "prophet of a comparable 68-15 percet., majority doom," but rather suggested that adSecond helping favor affirmative action for blacks in ministrative agency interpretations of higher education...
...Send applications to: Cathy crimination would be most welcome...
...In so declaring, public endorsement of pious general senthe writer not only claims to know the The author replies: timents extend to the Weber agreement mind of the Court, but also of the Ameri- Since Mr...
...dogmatic assertions of foreknowledge of N.Y...
...and it made me permanently humble women and minorities so that they may I am disquieted by the vitriol of Mr...
...I fervently Situation Wanted before you-and ask the publisher to hope that the Court will reverse the deciYOUNG WOMAN with Bachelor's degree press Mrs...
...Nevertheless, I am impelled which cause me concern...
...via the judiciary will only compound the RATES: 70c a word, one time...
...Send legend, as if both are to be read in the point...
...Pre- holy...
...Dis- because whatever way you go, there is since already we see countercrimination in cause and effect on society both good and evil...
...Join Amnesty International, quently interrupted for snatches of pious ten as if it ended with an exclamation which in the 60s and 70s has helped secure the release of 13,000 prisoners...
...Second-class postage paid at tive requires programs to be tied to a court of law...
...30] may have a quesCombat imprisonment and torture of polit- sentation of the historical context is fre- tion mark in its title, but is certainly writical prisoners...
...I grow weary strides forward in this vital arena...
...The result is that the subtly profound the verdict...
...Classified payable in so practiced an author is a confusion of with order...
...and education...
...THE EDITORS 8 June 1979: 351...
...Courts of law in this fully the inherent ambiguity of the issue...
...Surely we can be more flexi- to pay off the I.O.U.s which white the Harris Poll cited by Mr...
...new version of pre-Vatican II triumous connections with Kaiser Aluminum...
...It takes many lem is justiciable, that is, that it can be Ann Arbor, Mi...
...The bureaucracy's complex of societal problems which vested interests are more at stake than make these cases more and more unmanWeber & agency rules citizen's redress under the law...
...The face, resolve, or give any manageable this litigation...
...Agency rules interpreting new more profoundly, you encounter a whole law are being tested...
...Weber agreement is already modified or Weber & legislatures The objection to this political process not applicable, without a decision by the is too evident: progress will never come Pinole, Calif...
...Hanging the messenger, Mr...
...sovereignty of God's grace are undercut To the Editors: Professor Isidore Silver's Amnesty International by a surprising emphasis on saints as article "Death Sentence for Affirmative wonder-workers...
...While only hope...
...I diatribe...
...The general withstanding the fact that he has volunSTILL LOOKING for a.book...
...We are informed in advance viewpoint of the author doesn't how Justice Stephens will vote notBooks adequately come through...
...the difficulty...
...Commonweal: 322 Bridget of Sweden gets lost in an almost form and is formed by, legislation in the Classified comically hurried parade of events and political process...
...the result may well mirror one of those when my boss's name came out "ConBy 70-21 percent a majority of white two competing moral perceptions-and I wan" instead of "Cowan...
...tion(s) in this area, but would be exticeship programs nationwide to enroll RAYMOND M. SCANNELL tremely reluctant to do so from a nonfemale applicants at a rate of 50 percent elected, imperious judiciary making of the local female workforce...
...for redress of societal discrimination ex- ity in federal agencies...
...Shelter ployment should throw in the towel and 20% plus of Church income from federal/ productiveness in this area (e.g.,bus- admit defeat...
...COMMONWEAL, 232 sense both of psychology and the New York, N.Y...
...It is not that the legendary part of the author which the theologians USA, 2112 Broadway, New York N.Y...
...cial programs to make sure that women extant evidence...
...One tween the Court and Congress...
...equivocal ruling in behalf of Kaiser's efenforcement and some experience in cor- JOSEPH CUNNEEN forts to rectify its past history of disrections...
...about...
...9% interest also tax- sing...
...Supreme Court...
...This made Americans feel "that it makes sense to simply fear that the Powell position will Mr...
...everyday reality that the innocent are...
...Kaiser [Mar...
...More importantly, firmative action by Professor Isidore based on a statistical deviation from a it is the only way justly to deal with this Silver (Mar...
...To infer the de- go into these cases...
...If your readers would consider the able in terms of judicial standards (e.g...
...possibility that agency rule assumptions merit, Title VII, past discrimination, Correspondence are the real issue, the perspective etc...
...63c, six times...
...The bottom line is: by conservative Justices would not (or, in Please humble yourself by printingg this 67-17 percent, a majority of whites favor Powell's case, might not) participate...
...The agreement was the reorganization is the centralizing of remedy to so amorphous a complex...
...Fremantle to do a full-length sion of the trial court and the Fifth Circuit in Social Welfare and Master's degree in study of any saint she chooses (my pref- Court of Appeals, and rule in favor of Criminal Justice desires teaching position erence would be someone uncanonized...
...Somehow, people will in Apprenticeship & Training" (Federal claiming leadership or commitment to more readily accept a democratic soluRegister 43 FR 20760) requiring appren- social justice...
...301...
...Catholic Church Personnel Group in nature and this depends, in the last would have to go back to the drawing Benefit Trust, 1307 South Wabash Av- analysis, not on court decisions, but upon board and devise some new approaches enue, Chicago, Illinois, 60605...
...10019...
...It is be resolved politically...
...Title VII might well achieve the goals of While we're at it, Robert Howard's Rather than this being a time for gloom equal opportunity, even were Weber to "Going Bust in Youngstown" [May 25] and doom and preparingg the burial rights be decided along Bakke lines...
...noted, sought to shape the future by possible solutions...
...Free Search Catholic reader to whom the book is ad- tarily disqualified himself from sitting Service...
...Responsibility is That is why this question of affirmaperienced by blacks...
...Experience in law And let her write her own title this time...
...loaded comparisons between Christian Beyond the presumptuousness of the Stephen J. Kelleher, Sacred Heart Church, 457 West 51st Street, New York, and Eastern holy men...
...Serials Data Program No.: forms and to have meaning and be effec- appropriately managed and handled by a ISSN 0010-3330...
...The moral decisions for us all...
...Kaiser in this case...
...material is unimportant, often arising may attribute to God, but which mortals 10023...
...DONALD W. McEVOY ambivalence (poll results often depend "Sadly enough, the Supreme Court's at- National Program Director upon the framing and language of the titudes reflect the dominant, short- National Conference questions) (b) the translatability of gensighted and ultimately self-defeating of Christians and Jews eral attitudes into specific ones (would mood of the country...
...As a factual basis, this simply has To the Editors: I would like to thank you Occupational disparity is not employ- not been true in the past (e.g...
...Failure to amount of rancor and bitterness from afrules, "Equal Employment Opportunity see this should be of concern to anyone fected whites...
...10010...
...Scannell's letter addresses itself...
...Equating "something cause of this, poor legal precedents...
...Of course, the ward affirmative action programs for Marshall group also sought to influence Humble pie blacks in both jobs and higher education public opinion by its passionate enuncia- New York, N.Y...
...Illustrations: Page 335, from Liberation News nial of an agency opinion, as a dire threat When you deal with a Weber on an Service...
...Only the is minority, not black, and the term as structurally impossible to administrate...
...The quota ests of over 100 million workers...
...for Fall 1979-Spring 1980...
...Once the concept of "rigid tion of what it perceived to be the "true" To the Editors: Recently I proofread the quotas" is ruled out, white conscience meaning of the Amendment...
...for themselves...
...I was simply doing ofA Private Choice in your issue of May identical 71-21 percent margin, whites what most political scientists and Con- 14, you've made me say that Professor also agree now that "after years of dis- stitutional Law scholars do-attempting Noonan will not grant that "normal" crimination, it is only fair to set up spe- to predict Court decisions on the basis of perceptions may be social constructs...
...individual basis, the case seems manage- tain (Dell...
...Titles VI for publishing the incisive piece on afment discrimination, and a quota redress, and VII themselves...
...My Term of the Court or may-if Powell of the naysayers and prophets of doom fear is that articles like the one you pub- participates-result in a 4-4 tie without who seem to feel that administrative lished will cause us to lose heart and fail opinion) but to the next affirmative acremedies devised yesterday provide the to take advantage of the chance we have tion case when Stevens does sit...
...48106...
...book reviewers-Avoid talking about a sion upholding Weber will mean the different book than the one you've got death of affirmative action...
...But when you examine the case changes...
...A clear and unwith Catholic college...
...66c, three What is more important and surprising problem...
...You must include therein the Chicago, III...
...an economical pre- Action?," [Mar...
...ing societal discrimination against federal equal employment opportunity Courts of law are simply not equipped to blacks, but that is not wholely the issue in efforts to be completed by 1981...
...Professor Silver has already announced registration necessary...
...Correspondence Nonetheless, a decision in behalf of Weber does not mean that those of us Tax Shelter whc are committed to equality in emContinued from page 351) PRISTS AND LAY PERSONNEL...
...ISIDORE SILVER threshold in changing white attitudes to- ion should recognize...
...I join the writer in The Bakke decision, by some strange enunciating certain 14th Amendment seeking "more flexible and creative" twist, turns out to have been a critical principles that Congress and public opin- solutions...
...Write: Director...
...While it is masthead page of Christianity and about discrimination and lack of oppor- true that congressional action may occur, Crisis, and was therefore responsible tunity for blacks begins to surface again...
...page 340 from The Big Rock Candy Mounto affirmative action is questionable...
...Divorced Catholics phalism by some of the brief summaries We are told how Justice Powell will reaof saintly relevance with which the chap- son the as yet unpresented arguments, REMARRIAGE AND EUCHARIST ters too neatly conclude, as well as by even though illness will probably proLecture-discussion dates now available misdirected shots at "Women's Lib," or habit his participation in this matter...
...spontaneously during the saint's lifetime should be exceedingly wary of claiming or immediately afterwards, but Mrs...
...ageable...
...PETER J. RIGA times...
...Bakke and Weber (Continued on page 350) is not the same for blacks, Hispanics, make very bad moral exemplars and beAsiatics or female...
...Fragmentation of effort has not produced grapple with the broad, societal effects of In addition, the United States Depart- the failures...
...should attract a wide audience and surely the conclusions of this particularly unfulfills its purpose by drawing all but the predictable Court, however, there are Married Priests most insensitive to reflect on the meaning two additional elements in this article CORPUS-National Association Re- of holiness...
...niques and procedures...
...35226...
...Observations suggesting a keen Weber & the future than three times...
...Weber et al, are less threatening to affir- tor of their (our) live* in a thousand dif30] is an excellent rationale for redress- mative action than the reorganization of ferent but mostly unmeasurable ways...
...Saints Alive...
...monthly in advance for more tone...
...Box 2649, to sin against the First Commandment for The first is the assumption that a deciChicago, 60690...
...This helps to and new strategies toward the acCommonweal: 350 complishment of our goals...
...Program interpretations still racism in our society with a minimum ment of Labor, on May 12, 1978, issued to be tested are the problem...
...It would mean that we had state income taxes...
...and minorities are given every chance to being prepared, I did not know of, nor Maybe moral is normal and normal have equal opportunities in employment could I have foreseen, that two of the moral, but there's a shade of difference...
...1, 1924, to current issues available Affirmative action is a function of in- scholars-all seem to think that this prob- through University Microfilm, 300 N. Zeeb Road, dustrial relations not law...
...He over- sity of feelings is not measured by the of the most startling findings of that na- simplifies: throughout our history the poll...
...It should read "over a greater opportunity to make significant to Weber (which may be re-argued next 10,000...
...The problem, of course, is moral lost one suit in the Supreme Court and free...
...I submit that it cannot pre- New York, N.Y...
...America owes its minority brothers and promising, I still worry about (a) public Secondly, Silver writes in conclusion: sisters...
...By a nearly McEvoy's letter...
...Professor Riga's expansion of the tamper with the language of Title VII and comprehensive survey of attitudes to- narrow points I made raises, of course, (d) the relegation of any positive public ward racial and religious minorities in the critical and omnipresent issue of con- attitudes toward affirmative action to the America at the request of the National stitutional and moral relationships be- "back burner" of public concern (intenConference of Christians and Jews...
...When the piece was What I wrote was "moral" perceptions...
...areas...
...Madison Ave., NYC 10016...
...Biblical Institute Fremantle seems strangely reluctant to The arguments in the Kaiser TRINITY COLLEGE, Burlington, Vermont comment on its underlying significance, Aluminum v. Weber case have not yet 05401, June 17-22, MEIER, NEWMAN, as if that were to "explain away" the been heard by the Supreme Court but FISCHER, DALEY, STENDAHL...
...Inciden- mentions "over 100,000 jobs" lost since for affirmative action, we have never had tally, my "forecast" may well apply not 1950 (p...
Vol. 106 • June 1979 • No. 11
