AbstractRacial segregation has been a persistent feature of the American social landscape and a longstanding contributor to racial inequality, particularly between Blacks and Whites. Affirmative action policies have been used to address the systemic discrimination and attendant socioeconomic consequences to which African Americans have been subjected. Yet affirmative action has not been widely used in all domains in which segregation and systemic discrimination occurred. Although such policies have been adopted in the domains of employment and postsecondary education, few federal affirmative action programs have been used in housing. This is surprising given high levels of segregation across the metropolitan United States, as well as the stated integrative objectives of the U.S. Congress when it passed the Fair Housing Act of1968. To understand this puzzle, we use the Gautreaux Assisted Housing Program, a housing mobility effort of the Federal government and the Chicago Housing Authority that used explicit racial criteria, as a surrogate for affirmative action in housing more broadly. We conduct a comparative analysis of Gautreaux and affirmative action in college admissions using insights from applied political philosophy and sociology. By confronting Gautreaux with a more traditional affirmative action program, we are able to identify and compare the judicial, moral, and instrumental justifications for each, enabling us to draw conclusions about whether and how affirmative action can justifiably be used on a large scale to reduce neighborhood segregation, the possible forms it could take, and the difficulties it would face. We close with a discussion of the recent shift toward integration taken by the Department of Housing and Urban Development under the Obama administration, its relationship to affirmative action, and its implications for declines in residential segregation in the United States.
A Comparative Discussion of the Judicial Disqualification of Directors under the South African Companies Act
