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It is the most widely used vaccine worldwide, with more than 90% of all children being vaccinated. The immunity it induces decreases after about ten years. As tuberculosis is uncommon in most of Canada, the United Kingdom, and the United States, BCG is administered only to those people at high risk. Part of the reasoning against the use of the vaccine is that it makes the tuberculin skin test falsely positive, reducing the test's use in screening. A number of new vaccines are currently in development.
The World Health Organization declared TB a "global health emergency" in 1993, and in 2006, the Stop TB Partnership developed a Global Plan to Stop Tuberculosis that aims to save 14 million lives between its launch and 2015. A number of targets they have set are not likely to be achieved by 2015, mostly due to the increase in HIV-associated tuberculosis and the emergence of multiple drug-resistant tuberculosis. A tuberculosis classification system developed by the American Thoracic Society is used primarily in public health programs.
Treatment of TB uses antibiotics to kill the bacteria. Effective TB treatment is difficult, due to the unusual structure and chemical composition of the mycobacterial cell wall, which hinders the entry of drugs and makes many antibiotics ineffective. The two antibiotics most commonly used are isoniazid and rifampicin, and treatments can be prolonged, taking several months. Latent TB treatment usually employs a single antibiotic, while active TB disease is best treated with combinations of several antibiotics to reduce the risk of the bacteria developing antibiotic resistance. People with latent infections are also treated to prevent them from progressing to active TB disease later in life. Directly observed therapy, i.e., having a health care provider watch the person take their medications, is recommended by the WHO in an effort to reduce the number of people not appropriately taking antibiotics. The evidence to support this practice over people simply taking their medications independently is poor. Methods to remind people of the importance of treatment do, however, appear effective.
Primary resistance occurs when a person becomes infected with a resistant strain of TB. A person with fully susceptible MTB may develop secondary (acquired) resistance during therapy because of inadequate treatment, not taking the prescribed regimen appropriately (lack of compliance), or using low-quality medication. Drug-resistant TB is a serious public health issue in many developing countries, as its treatment is longer and requires more expensive drugs. MDR-TB is defined as resistance to the two most effective first-line TB drugs: rifampicin and isoniazid. Extensively drug-resistant TB is also resistant to three or more of the six classes of second-line drugs. Totally drug-resistant TB is resistant to all currently used drugs. It was first observed in 2003 in Italy, but not widely reported until 2012, and has also been found in Iran and India. Bedaquiline is tentatively supported for use in multiple drug-resistant TB.
The risk of reactivation increases with immunosuppression, such as that caused by infection with HIV. In people coinfected with M. tuberculosis and HIV, the risk of reactivation increases to 10% per year. Studies using DNA fingerprinting of M. tuberculosis strains have shown reinfection contributes more substantially to recurrent TB than previously thought, with estimates that it might account for more than 50% of reactivated cases in areas where TB is common. The chance of death from a case of tuberculosis is about 4% as of 2008, down from 8% in 1995.
Roughly one-third of the world's population has been infected with M. tuberculosis, with new infections occurring in about 1% of the population each year. However, most infections with M. tuberculosis do not cause TB disease, and 90–95% of infections remain asymptomatic. In 2012, an estimated 8.6 million chronic cases were active. In 2010, 8.8 million new cases of TB were diagnosed, and 1.20–1.45 million deaths occurred, most of these occurring in developing countries. Of these 1.45 million deaths, about 0.35 million occur in those also infected with HIV.
Tuberculosis is the second-most common cause of death from infectious disease (after those due to HIV/AIDS). The total number of tuberculosis cases has been decreasing since 2005, while new cases have decreased since 2002. China has achieved particularly dramatic progress, with about an 80% reduction in its TB mortality rate between 1990 and 2010. The number of new cases has declined by 17% between 2004–2014. Tuberculosis is more common in developing countries; about 80% of the population in many Asian and African countries test positive in tuberculin tests, while only 5–10% of the US population test positive. Hopes of totally controlling the disease have been dramatically dampened because of a number of factors, including the difficulty of developing an effective vaccine, the expensive and time-consuming diagnostic process, the necessity of many months of treatment, the increase in HIV-associated tuberculosis, and the emergence of drug-resistant cases in the 1980s.
In 2007, the country with the highest estimated incidence rate of TB was Swaziland, with 1,200 cases per 100,000 people. India had the largest total incidence, with an estimated 2.0 million new cases. In developed countries, tuberculosis is less common and is found mainly in urban areas. Rates per 100,000 people in different areas of the world were: globally 178, Africa 332, the Americas 36, Eastern Mediterranean 173, Europe 63, Southeast Asia 278, and Western Pacific 139 in 2010. In Canada and Australia, tuberculosis is many times more common among the aboriginal peoples, especially in remote areas. In the United States Native Americans have a fivefold greater mortality from TB, and racial and ethnic minorities accounted for 84% of all reported TB cases.
Tuberculosis has been present in humans since antiquity. The earliest unambiguous detection of M. tuberculosis involves evidence of the disease in the remains of bison in Wyoming dated to around 17,000 years ago. However, whether tuberculosis originated in bovines, then was transferred to humans, or whether it diverged from a common ancestor, is currently unclear. A comparison of the genes of M. tuberculosis complex (MTBC) in humans to MTBC in animals suggests humans did not acquire MTBC from animals during animal domestication, as was previously believed. Both strains of the tuberculosis bacteria share a common ancestor, which could have infected humans as early as the Neolithic Revolution.
The bacillus causing tuberculosis, M. tuberculosis, was identified and described on 24 March 1882 by Robert Koch. He received the Nobel Prize in physiology or medicine in 1905 for this discovery. Koch did not believe the bovine (cattle) and human tuberculosis diseases were similar, which delayed the recognition of infected milk as a source of infection. Later, the risk of transmission from this source was dramatically reduced by the invention of the pasteurization process. Koch announced a glycerine extract of the tubercle bacilli as a "remedy" for tuberculosis in 1890, calling it "tuberculin". While it was not effective, it was later successfully adapted as a screening test for the presence of pre-symptomatic tuberculosis. The World Tuberculosis Day was established on 24 March for this reason.
Tuberculosis caused the most widespread public concern in the 19th and early 20th centuries as an endemic disease of the urban poor. In 1815, one in four deaths in England was due to "consumption". By 1918, one in six deaths in France was still caused by TB. After TB was determined to be contagious, in the 1880s, it was put on a notifiable disease list in Britain; campaigns were started to stop people from spitting in public places, and the infected poor were "encouraged" to enter sanatoria that resembled prisons (the sanatoria for the middle and upper classes offered excellent care and constant medical attention). Whatever the (purported) benefits of the "fresh air" and labor in the sanatoria, even under the best conditions, 50% of those who entered died within five years (circa 1916).
In Europe, rates of tuberculosis began to rise in the early 1600s to a peak level in the 1800s, when it caused nearly 25% of all deaths. By the 1950s, mortality had decreased nearly 90%. Improvements in public health began significantly reducing rates of tuberculosis even before the arrival of streptomycin and other antibiotics, although the disease remained a significant threat to public health such that when the Medical Research Council was formed in Britain in 1913, its initial focus was tuberculosis research.
Slow progress has led to frustration, expressed by executive director of the Global Fund to Fight AIDS, Tuberculosis and Malaria – Mark Dybul: "we have the tools to end TB as a pandemic and public health threat on the planet, but we are not doing it." Several international organizations are pushing for more transparency in treatment, and more countries are implementing mandatory reporting of cases to the government, although adherence is often sketchy. Commercial treatment-providers may at times overprescribe second-line drugs as well as supplementary treatment, promoting demands for further regulations. The government of Brazil provides universal TB-care, which reduces this problem. Conversely, falling rates of TB-infection may not relate to the number of programs directed at reducing infection rates, but may be tied to increased level of education, income and health of the population. Costs of the disease, as calculated by the World Bank in 2009 may exceed 150 billion USD per year in "high burden" countries. Lack of progress eradicating the disease may also be due to lack of patient follow-up – as among the 250M rural migrants in China.
One way to decrease stigma may be through the promotion of "TB clubs", where those infected may share experiences and offer support, or through counseling. Some studies have shown TB education programs to be effective in decreasing stigma, and may thus be effective in increasing treatment adherence. Despite this, studies on relationship between reduced stigma and mortality are lacking as of 2010, and similar efforts to decrease stigma surrounding AIDS have been minimally effective. Some have claimed the stigma to be worse than the disease, and healthcare providers may unintentionally reinforce stigma, as those with TB are often perceived as difficult or otherwise undesirable. A greater understanding of the social and cultural dimensions of tuberculosis may also help with stigma reduction.
The BCG vaccine has limitations, and research to develop new TB vaccines is ongoing. A number of potential candidates are currently in phase I and II clinical trials. Two main approaches are being used to attempt to improve the efficacy of available vaccines. One approach involves adding a subunit vaccine to BCG, while the other strategy is attempting to create new and better live vaccines. MVA85A, an example of a subunit vaccine, currently in trials in South Africa, is based on a genetically modified vaccinia virus. Vaccines are hoped to play a significant role in treatment of both latent and active disease.
To encourage further discovery, researchers and policymakers are promoting new economic models of vaccine development, including prizes, tax incentives, and advance market commitments. A number of groups, including the Stop TB Partnership, the South African Tuberculosis Vaccine Initiative, and the Aeras Global TB Vaccine Foundation, are involved with research. Among these, the Aeras Global TB Vaccine Foundation received a gift of more than $280 million (US) from the Bill and Melinda Gates Foundation to develop and license an improved vaccine against tuberculosis for use in high burden countries.
A number of medications are being studied for multi drug resistant tuberculosis including: bedaquiline and delamanid. Bedaquiline received U.S. Food and Drug Administration (FDA) approval in late 2012. The safety and effectiveness of these new agents are still uncertain, because they are based on the results of a relatively small studies. However, existing data suggest that patients taking bedaquiline in addition to standard TB therapy are five times more likely to die than those without the new drug, which has resulted in medical journal articles raising health policy questions about why the FDA approved the drug and whether financial ties to the company making bedaquiline influenced physicians' support for its use
Affirmative action in the United States tends to focus on issues such as education and employment, specifically granting special consideration to racial minorities, Native Americans, and women who have been historically excluded groups in America. Reports have shown that minorities and women have faced discrimination in schools and businesses for many years and this discrimination produced unfair advantages for whites and males in education and employment. The impetus toward affirmative action is redressing the disadvantages associated with past and present discrimination. Further impetus is a desire to ensure public institutions, such as universities, hospitals, and police forces, are more representative of the populations they serve.
Affirmative action is a subject of controversy. Some policies adopted as affirmative action, such as racial quotas or gender quotas for collegiate admission, have been criticized as a form of reverse discrimination, and such implementation of affirmative action has been ruled unconstitutional by the majority opinion of Gratz v. Bollinger. Affirmative action as a practice was upheld by the Supreme Court's decision in Grutter v. Bollinger in 2003. Affirmative action policies were developed in order to correct decades of discrimination stemming from the Reconstruction Era by granting disadvantaged minorities opportunities. Many believe that the diversity of current American society suggests that affirmative action policies succeeded and are no longer required. Opponents of affirmative action argue that these policies are outdated and lead to reverse discrimination which entails favoring one group over another based upon racial preference rather than achievement.
Ideas for affirmative action came as early as the Reconstruction Era (1865-1877) in which a former slave population lacked the skills and resources for sustainable living. In 1865, General William Tecumseh Sherman proposed to divide the land and goods from Georgia and grant it to families of color which became the "Forty acres and a mule" policy. The proposal was never widely adopted due to strong political opposition. Nearly a century later (1950s-1960s), policies to assist classes of individuals reemerged during the Civil Rights Movement. The civil rights guarantees came through the interpretation of the Equal Protection Clause of the 14th Amendment. The decisions came to be known as affirmative action in which mandatory, as well as voluntary programs, affirmed the civil rights of people of color. Furthermore, these affirmative action programs protected people of color from the present effects stemming from past discrimination. In 1961, President John F. Kennedy became the first to utilize the term "affirmative action" in Executive Order 10925 to ensure that government contractors "take affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to their race, creed, color, or national origin." This executive order realized the government's intent to create equal opportunities for all qualified people. This executive order was eventually amended and superseded by Lyndon B. Johnson's Executive Order 11246 which prevented discrimination based on race, color, religion, and national origin by organizations which received federal contracts and subcontracts. In 1967, the order was amended to include sex as well. The Reagan administration was opposed to the affirmative action requirements of Executive Order 11246, but these contemplated changes[which?] faced bi-partisan opposition in Congress.
The first appearance of the term 'affirmative action' was in the National Labor Relations Act, better known as the Wagner Act, of 1935.:15 Proposed and championed by U.S. Senator Robert F. Wagner of New York, the Wagner Act was in line with President Roosevelt's goal of providing economic security to workers and other low-income groups. During this time period it was not uncommon for employers to blacklist or fire employees associated with unions. The Wagner Act allowed workers to unionize without fear of being discriminated against, and empowered a National Labor Relations Board to review potential cases of worker discrimination. In the event of discrimination, employees were to be restored to an appropriate status in the company through 'affirmative action'. While the Wagner Act protected workers and unions it did not protect minorities, who, exempting the Congress of Industrial Organizations, were often barred from union ranks.:11 This original coining of the term therefore has little to do with affirmative action policy as it is seen today, but helped set the stage for all policy meant to compensate or address an individual's unjust treatment.[citation needed]
FDR's New Deal programs often contained equal opportunity clauses stating "no discrimination shall be made on account of race, color or creed",:11 but the true forerunner to affirmative action was the Interior Secretary of the time, Harold L. Ickes. Ickes prohibited discrimination in hiring for Public Works Administration funded projects and oversaw not only the institution of a quota system, where contractors were required to employ a fixed percentage of Black workers, by Robert C. Weaver and Clark Foreman,:12 but also the equal pay of women proposed by Harry Hopkins.:14FDR's largest contribution to affirmative action, however, lay in his Executive Order 8802 which prohibited discrimination in the defense industry or government.:22 The executive order promoted the idea that if taxpayer funds were accepted through a government contract, then all taxpayers should have an equal opportunity to work through the contractor.:23–4 To enforce this idea, Roosevelt created the Fair Employment Practices Committee (FEPC) with the power to investigate hiring practices by government contractors.:22
Following the Sergeant Isaac Woodard incident, President Harry S. Truman, himself a combat veteran of World War I, issued Executive Order 9808 establishing the President's Committee on Civil Rights to examine the violence and recommend appropriate federal legislation. Hearing of the incident, Truman turned to NAACP leader Walter Francis White and declared, "My God! I had no idea it was as terrible as that. We've got to do something." In 1947 the committee published its findings, To Secure These Rights. The book was widely read, influential, and considered utopian for the times: "In our land men are equal, but they are free to be different. From these very differences among our people has come the great human and national strength of America." The report discussed and demonstrated racial discrimination in basic freedoms, education, public facilities, personal safety, and employment opportunities. The committee was disturbed by the state of race relations, and included the evacuation of Americans of Japanese descent during the war "made without a trial or any sort of hearing…Fundamental to our whole system of law is the belief that guilt is personal and not a matter of heredity or association." The recommendations were radical, calling for federal policies and laws to end racial discrimination and bring about equality: "We can tolerate no restrictions upon the individual which depend upon irrelevant factors such as his race, his color, his religion, or the social position to which he is born." To Secure These Rights set the liberal legislative agenda for the next generation that eventually would be signed into law by Lyndon B. Johnson.:35–36
To Secure These Rights also called for desegregation of the Armed Forces. "Prejudice in any area is an ugly, undemocratic phenomenon, but in the armed services, where all men run the risk of death, it is especially repugnant." The rationale was fairness: "When an individual enters the service of the country, he necessarily surrenders some of the rights and privileges which are inherent in American citizenship." In return, the government "undertakes to protect his integrity as an individual." Yet that was not possible in the segregated Army, since "any discrimination which…prevents members of the minority groups from rendering full military service in defense of their country is for them a humiliating badge of inferiority." The report called for an end to "all discrimination and segregation based on race, color, creed, or national origins in…all branches of the Armed Services.":38–39
In June, Truman became the first president to address the NAACP. His speech was a significant departure from traditional race relations in the United States. In front of 10,000 people at the Lincoln Memorial, the president left no doubt where he stood on civil rights. According to his speech, America had "reached a turning point in the long history of our country's efforts to guarantee freedom and equality to all our citizens…Each man must be guaranteed equality of opportunity." He proposed what black citizens had been calling for - an enhanced role of federal authority through the states. "We must make the Federal government a friendly, vigilant defender of the rights and equalities of all Americans. And again I mean all Americans.":40
On July 26, Truman mandated the end of hiring and employment discrimination in the federal government, reaffirming FDR's order of 1941.:40 He issued two executive orders on July 26, 1948: Executive Order 9980 and Executive Order 9981. Executive Order 9980, named Regulations Governing for Employment Practices within the Federal Establishment, instituted fair employment practices in the civilian agencies of the federal government. The order created the position of Fair Employment Officer. The order "established in the Civil Service Commission a Fair Employment Board of not less than seven persons." Executive Order 9981, named Establishing the President's Committee on Equality of Treatment and Opportunity in the Armed Services, called for the integration of the Armed Forces and the creation of the National Military Establishment to carry out the executive order.
When Eisenhower was elected President in 1952, he believed hiring practices and anti-discrimination laws should be decided by the states, although the administration gradually continued to desegregate the Armed Forces and the federal government.:50 The President also established the Government Contract Committee in 1953, which "conducted surveys of the racial composition of federal employees and tax-supported contractors".:50–51 The committee, chaired by Vice President Richard Nixon, had minimal outcomes in that they imposed the contractors with the primary responsibility of desegregation within their own companies and corporations.:51
In the 1960 presidential election, Democratic candidate and future President John F. Kennedy "criticized President Eisenhower for not ending discrimination in federally supported housing" and "advocated a permanent Fair Employment Practices Commission".:59 Shortly after taking office, Kennedy issued Executive Order 10925 in March 1961, requiring government contractors to "consider and recommend additional affirmative steps which should be taken by executive departments and agencies to realize more fully the national policy of nondiscrimination…. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin".:60 The order also established the President's Committee on Equal Employment Opportunity (PCEEO), chaired by Vice President Lyndon B. Johnson. Federal contractors who failed to comply or violated the executive order were punished by contract cancellation and the possible debarment from future government contracts. The administration was "not demanding any special preference or treatment or quotas for minorities" but was rather "advocating racially neutral hiring to end job discrimination".:61 Turning to issues of women's rights, Kennedy initiated a Commission on the Status of Women in December 1961. The commission was charged with "examining employment policies and practices of the government and of contractors" with regard to sex.:66
In June 1963, President Kennedy continued his policy of affirmative action by issuing another mandate, Executive Order 11114. The order supplemented to his previous 1961 executive order declaring it was the "policy of the United States to encourage by affirmative action the elimination of discrimination in employment".:72 Through this order, all federal funds, such as "grants, loans, unions and employers who accepted taxpayer funds, and other forms of financial assistance to state and local governments," were forced to comply to the government's policies on affirmative action in employment practices.:72
The first time "affirmative action" is used by the federal government concerning race is in President John F. Kennedy's Executive Order 10925, which was chaired by Vice President Johnson. At Johnson's inaugural ball in Texas, he met with a young black lawyer, Hobart Taylor Jr., and gave him the task to co-author the executive order. He wanted a phrase that "gave a sense of positivity to performance under the order." He was torn between the words "positive action" and "affirmative action," and selected the later due to its alliterative quality. The term "active recruitment" started to be used as well. This order, albeit heavily worked up as a significant piece of legislation, in reality carried little actual power. The scope was limited to a couple hundred defense contractors, leaving nearly $7.5 billion in federal grants and loans unsupervised.:60
NAACP had many problem's with JFK's "token" proposal. They wanted jobs. One day after the order took effect, NAACP labor secretary Herbert Hill filed complaints against the hiring and promoting practices of Lockheed Aircraft Corporation. Lockheed was doing business with the Defense Department on the first billion-dollar contract. Due to taxpayer-funding being 90% of Lockheed's business, along with disproportionate hiring practices, black workers charged Lockheed with "overt discrimination." Lockheed signed an agreement with Vice President Johnson that pledged an "aggressive seeking out for more qualified minority candidates for technical and skill positions.:63–64 This agreement was the administration's model for a "plan of progress." Johnson and his assistants soon pressured other defense contractors, including Boeing and General Electric, to sign similar voluntary agreements indicating plans for progress. However, these plans were just that, voluntary. Many corporations in the South, still afflicted with Jim Crow laws, largely ignored the federal recommendations.:63–64
This eventually led to LBJ's Civil Rights Act, which came shortly after President Kennedy's assassination. This document was more holistic than any President Kennedy had offered, and therefore more controversial. It aimed not only to integrate public facilities, but also private businesses that sold to the public, such as motels, restaurants, theaters, and gas stations. Public schools, hospitals, libraries, parks, among other things, were included in the bill as well. It also worked with JFK's executive order 11114 by prohibiting discrimination in the awarding of federal contracts and holding the authority of the government to deny contracts to businesses who discriminate. Maybe most significant of all, Title VII of the Civil Rights Act aimed to end discrimination in all firms with 25 or more employees. Another provision established the Equal Employment Opportunity Commission as the agency charged with ending discrimination in the nation's workplace.:74
Title VII was perhaps the most controversial of the entire bill. Many conservatives accused it of advocating a de facto quota system, and claimed unconstitutionality as it attempts to regulate the workplace. Minnesota Senator Hubert Humphrey corrected this notion: "there is nothing in [Title VII] that will give power to the Commission to require hiring, firing, and promotion to meet a racial 'quota.' [. . .] Title VII is designed to encourage the hiring on basis of ability and qualifications, not race or religion." Title VII prohibits discrimination. Humphrey was the silent hero of the bill's passing through Congress. He pledged that the bill required no quotas, just nondiscrimination. Doing so, he convinced many pro-business Republicans, including Senate Minority Leader Everett Dirksen (IL) to support Title VII.:78–80
The strides that the Johnson presidency made in ensuring equal opportunity in the workforce were further picked up by his successor Nixon. In 1969 the Nixon administration initiated the "Philadelphia Order". It was regarded as the most forceful plan thus far to guarantee fair hiring practices in construction jobs. Philadelphia was selected as the test case because, as Assistant Secretary of Labor Arthur Fletcher explained, "The craft unions and the construction industry are among the most egregious offenders against equal opportunity laws . . . openly hostile toward letting blacks into their closed circle." The order included definite "goals and timetables." As President Nixon asserted, "We would not impose quotas, but would require federal contractors to show 'affirmative action' to meet the goals of increasing minority employment."
After the Nixon administration, advancements in affirmative action became less prevalent. "During the brief Ford administration, affirmative action took a back seat, while enforcement stumbled along.":145 Equal rights was still an important subject to many Americans, yet the world was changing and new issues were being raised. People began to look at affirmative action as a glorified issue of the past and now there were other areas that needed focus. "Of all the triumphs that have marked this as America's Century –...none is more inspiring, if incomplete, than our pursuit of racial justice."
In the beginning, racial classifications that identified race were inherently suspect and subject to strict scrutiny. These classifications would only be upheld if necessary to promote a compelling governmental interest. Later the U.S. Supreme Court decided that racial classifications that benefited underrepresented minorities were to only be upheld if necessary and promoted a compelling governmental purpose. (See Richmond v. J.A. Croson Co.) There is no clear guidance about when government action is not "compelling", and such rulings are rare.
Ricci v. DeStefano was heard by the United States Supreme Court in 2009. The case concerns White and Hispanic firefighters in New Haven, Connecticut, who upon passing their test for promotions to management were denied the promotions, allegedly because of a discriminatory or at least questionable test. The test gave 17 whites and two Hispanics the possibility of immediate promotion. Although 23% of those taking the test were African American, none scored high enough to qualify. Because of the possibility the tests were biased in violation of Title VII of the Civil Rights Act, no candidates were promoted pending outcome of the controversy. In a split 5-4 vote, the Supreme Court ruled that New Haven had engaged in impermissible racial discrimination against the White and Hispanic majority.
President Kennedy stated in Executive Order 10925 that "discrimination because of race, creed, color, or national origin is contrary to the Constitutional principles and policies of the United States"; that "it is the plain and positive obligation of the United States Government to promote and ensure equal opportunity for all qualified persons, without regard to race, creed, color, or national origin, employed or seeking employment with the Federal Government and on government contracts"; that "it is the policy of the executive branch of the Government to encourage by positive measures equal opportunity for all qualified persons within the Government"; and that "it is in the general interest and welfare of the United States to promote its economy, security, and national defense through the most efficient and effective utilization of all available manpower".
Proponents of affirmative action argue that by nature the system is not only race based, but also class and gender based. To eliminate two of its key components would undermine the purpose of the entire system. The African American Policy Forum believes that the class based argument is based on the idea that non-poor minorities do not experience racial and gender based discrimination. The AAPF believes that "Race-conscious affirmative action remains necessary to address race-based obstacles that block the path to success of countless people of color of all classes". The groups goes on to say that affirmative action is responsible for creating the African American middle class, so it does not make sense to say that the system only benefits the middle and upper classes.
Following the end of World War II the educational gap between White and Black Americans was widened by Dwight D. Eisenhower's GI Bill. This piece of legislation paved the way for white GIs to attend college. Despite their veteran status returning black servicemen were not afforded loans at the same rate as whites. Furthermore, at the time of its introduction, segregation was still the law of the land barring blacks from the best institutions. Overall, "Nearly 8 million servicemen and servicewomen were educated under the provisions of the GI Bill after World War II. But for blacks, higher educational opportunities were so few that the promise of the GI Bill went largely unfulfilled."
According to a study by Dr. Paul Brest, Hispanics or "Latinos" include immigrants who are descendants of immigrants from the countries comprising Central and South America. In 1991, Mexican Americans, Puerto Ricans, and Cuban Americans made up 80% of the Latino population in the United States. Latinos are disadvantaged compared to White Americans and are more likely to live in poverty. They are the least well educated major ethnic group and suffered a 3% drop in high school completion rate while African Americans experienced a 12% increase between 1975-1990. In 1990, they constituted 9% of the population, but only received 3.1% of the bachelors's degrees awarded. At times when it is favorable to lawmakers, Latinos were considered "white" by the Jim Crow laws during the Reconstruction. In other cases, according to Paul Brest, Latinos have been classified as an inferior race and a threat to white purity. Latinos have encountered considerable discrimination in areas such as employment, housing, and education. Brest finds that stereotypes continue to be largely negative and many perceive Latinos as "lazy, unproductive, and on the dole." Furthermore, native-born Latino-Americans and recent immigrants are seen as identical since outsiders tend not to differentiate between Latino groups.
The category of Native American applies to the diverse group of people who lived in North America before European settlement. During the U.S. government's westward expansion, Native Americans were displaced from their land which had been their home for centuries. Instead, they were forced onto reservations which were far smaller and less productive. According to Brest, land belonging to Native Americans was reduced from 138 million acres in 1887 to 52 million acres in 1934. In 1990, the poverty rate for Native Americans was more than triple that of the whites and only 9.4% of Native Americans have completed a bachelor's degree as opposed to 25.2% of whites and 12.2% of African Americans.
Early Asian immigrants experienced prejudice and discrimination in the forms of not having the ability to become naturalized citizens. They also struggled with many of the same school segregation laws that African Americans faced. Particularly, during World War II, Japanese Americans were interned in camps and lost their property, homes, and businesses. Discrimination against Asians began with the Chinese Exclusion Act of 1882 and then continued with the Scott Act of 1888 and the Geary Act of 1892. At the beginning of the 20th century, the United States passed the Immigration Act of 1924 to prevent Asian immigration out of fear that Asians were stealing white jobs and lowering the standard for wages. In addition, whites and non-Asians do not differentiate among the different Asian groups and perpetuate the "model minority" stereotype. According to a 2010 article by Professor Qin Zhang of Fairfield University, Asians are characterized as one dimensional in having great work ethic and valuing education, but lacking in communication skills and personality. A negative outcome of this stereotype is that Asians have been portrayed as having poor leadership and interpersonal skills. This has contributing to the "glass ceiling" phenomenon in which although there are many qualified Asian Americans, they occupy a disproportionately small number of executive positions in businesses. Furthermore, the model minority stereotype has led to resentment of Asian success and several universities and colleges have limited or have been accused of limiting Asian matriculation.
Proponents of affirmative action recognize that the policy is inherently unequal; however, minding the inescapable fact that historic inequalities exist in America, they believe the policy is much more fair than one in which these circumstances are not taken into account. Furthermore, those in favor of affirmative action see it as an effort towards inclusion rather than a discriminatory practice. "Job discrimination is grounded in prejudice and exclusion, whereas affirmative action is an effort to overcome prejudicial treatment through inclusion. The most effective way to cure society of exclusionary practices is to make special efforts at inclusion, which is exactly what affirmative action does."
There are a multitude of supporters as well as opponents to the policy of affirmative action. Many presidents throughout the last century have failed to take a very firm stance on the policy, and the public has had to discern the president's opinion for themselves. Bill Clinton, however, made his stance on affirmative action very clear in a speech on July 19, 1995, nearly two and a half years after his inauguration. In his speech, he discussed the history in the United States that brought the policy into fruition: slavery, Jim Crow, and segregation. Clinton also mentioned a point similar to President Lyndon B. Johnson's "Freedom is not Enough" speech, and declared that just outlawing discrimination in the country would not be enough to give everyone in America equality. He addressed the arguments that affirmative action hurt the white middle class and said that the policy was not the source of their problems. Clinton plainly outlined his stance on affirmative action, saying:
The National Conference of State Legislatures held in Washington D.C. stated in a 2014 overview that many supporters for affirmative action argue that policies stemming from affirmative action help to open doors for historically excluded groups in workplace settings and higher education. Workplace diversity has become a business management concept in which employers actively seek to promote an inclusive workplace. By valuing diversity, employers have the capacity to create an environment in which there is a culture of respect for individual differences as well as the ability to draw in talent and ideas from all segments of the population. By creating this diverse workforce, these employers and companies gain a competitive advantage in an increasingly global economy. According to the U.S. Equal Employment Opportunity Commission, many private sector employers have concluded that a diverse workforce makes a "company stronger, more profitable, and a better place to work." Therefore, these diversity promoting policies are implemented for competitive reasons rather than as a response to discrimination, but have shown the value in having diversity.
In the year 2000, according to a study by American Association of University Professors (AAUP), affirmative action promoted diversity within colleges and universities. This has been shown to have positive effects on the educational outcomes and experiences of college students as well as the teaching of faculty members. According to a study by Geoffrey Maruyama and José F. Moreno, the results showed that faculty members believed diversity helps students to reach the essential goals of a college education, Caucasian students suffer no detrimental effects from classroom diversity, and that attention to multicultural learning improves the ability of colleges and universities to accomplish their missions. Furthermore, a diverse population of students offers unique perspectives in order to challenge preconceived notions through exposure to the experiences and ideas of others. According to Professor Gurin of the University of Michigan, skills such as "perspective-taking, acceptance of differences, a willingness and capacity to find commonalities among differences, acceptance of conflict as normal, conflict resolution, participation in democracy, and interest in the wider social world" can potentially be developed in college while being exposed to heterogeneous group of students. In addition, broadening perspectives helps students confront personal and substantive stereotypes and fosters discussion about racial and ethnic issues in a classroom setting. Furthermore, the 2000 AAUP study states that having a diversity of views leads to a better discussion and greater understanding among the students on issues of race, tolerance, fairness, etc.
Richard Sander claims that by artificially elevating minority students into schools they otherwise would not be capable of attending, this discourages them and tends to engender failure and high dropout rates for these students. For example, about half of black college students rank in the bottom 20 percent of their classes, black law school graduates are four times as likely to fail bar exams as are whites, and interracial friendships are more likely to form among students with relatively similar levels of academic preparation; thus, blacks and Hispanics are more socially integrated on campuses where they are less academically mismatched. He claims that the supposed "beneficiaries" of affirmative action – minorities – do not actually benefit and rather are harmed by the policy. Sander's claims have been disputed, and his empirical analyses have been subject to substantial criticism. A group including some of the country's lead statistical methodologists told the Supreme Court that Sander's analyses were sufficiently flawed that the Court would be wise to ignore them entirely. At the same time many scholars have found that minorities gain substantially from affirmative action.
The controversy surrounding affirmative action's effectiveness is based on the idea of class inequality. Opponents of racial affirmative action argue that the program actually benefits middle- and upper-class African Americans and Hispanic Americans at the expense of lower-class European Americans and Asian Americans. This argument supports the idea of class-based affirmative action. America's poor is disproportionately made up of people of color, so class-based affirmative action would disproportionately help people of color. This would eliminate the need for race-based affirmative action as well as reducing any disproportionate benefits for middle- and upper-class people of color.
In 1976, a group of Italian American professors at City University of New York asked to be added as an affirmative action category for promotion and hiring. Italian Americans are usually considered white in the US and would not be covered under affirmative action policies, but the professors believed they were underrepresented. Libertarian economist Thomas Sowell wrote in his book, Affirmative Action Around the World: An Empirical Study, that affirmative action policies encourage non-preferred groups to designate themselves as members of preferred groups [i.e., primary beneficiaries of affirmative action] to take advantage of group preference policies.
Frederick Lynch, the author of Invisible Victims: White Males and the Crisis of Affirmative Action, did a study on white males that said they were victims of reverse discrimination. Lynch explains that these white men felt frustrated and unfairly victimized by affirmative action. Shelby Steele, another author against affirmative action, wanted to see affirmative action go back to its original meaning of enforcing equal opportunity. He argued that blacks had to take full responsibility in their education and in maintaining a job. Steele believes that there is still a long way to go in America to reach our goals of eradicating discrimination.
Terry Eastland, the author who wrote From Ending Affirmative Action: The Case for Colorblind Justice states, "Most arguments for affirmative action fall into two categories: remedying past discrimination and promoting diversity". Eastland believes that the founders of affirmative action did not anticipate how the benefits of affirmative action would go to those who did not need it, mostly middle class minorities. Additionally, she argues that affirmative action carries with it a stigma that can create feelings of self-doubt and entitlement in minorities. Eastland believes that affirmative action is a great risk that only sometimes pays off, and that without it we would be able to compete more freely with one another. Libertarian economist Thomas Sowell identified what he says are negative results of affirmative action in his book, Affirmative Action Around the World: An Empirical Study. Sowell writes that affirmative action policies encourage non-preferred groups to designate themselves as members of preferred groups [i.e., primary beneficiaries of affirmative action] to take advantage of group preference policies; that they tend to benefit primarily the most fortunate among the preferred group (e.g., upper and middle class blacks), often to the detriment of the least fortunate among the non-preferred groups (e.g., poor white or Asian); that they reduce the incentives of both the preferred and non-preferred to perform at their best – the former because doing so is unnecessary and the latter because it can prove futile – thereby resulting in net losses for society as a whole; and that they engender animosity toward preferred groups as well.:115–147
Some commentators have defined reverse discrimination as a policy or practice in which members of a majority are discriminated against in favor of a historically disadvantaged group or minority.[non-primary source needed] Many argue that reverse discrimination results from affirmative action policies and that these policies are just another form of discrimination no different from examples in the past. People like Ward Connerly assert that affirmative action requires the very discrimination it is seeking to eliminate. According to these opponents, this contradiction might make affirmative action counter-productive. One argument for reverse discrimination is the idea that affirmative action encourages mediocrity and incompetence. Job positions would not be offered to the applicants who are the most qualified, but to applicants with a special trait such as a certain race, ethnicity, or gender. For example, opponents say affirmative action causes unprepared applicants to be accepted in highly demanding educational institutions or jobs which result in eventual failure (see, for example, Richard Sander's study of affirmative action in Law School, bar exam and eventual performance at law firms). Other opponents say that affirmative action lowers the bar and so denies those who strive for excellence on their own merit and the sense of real achievement. Opponents of affirmative action suggest that merit should be the primary factor considered in applying for job positions, college, graduate school, etc.
Another popular argument for affirmative action is the compensation argument. Blacks were mistreated in the past for a morally irrelevant characteristic of being black so society today should compensate for the injuries. This causes reverse discrimination in the form of preferential hirings, contracts, and scholarships as a means to ameliorate past wrongs. Many opponents argue that this form of reparation is morally indefensible because if blacks were harmed for being black in the past, then preferential treatment for this same trait is illogical. In addition, arguments are made that whites today who innocently benefited from past injustices should not be punished for something they had no control over. Therefore, they are being reverse discriminated against because they are receiving the punishment that should be given to people who willingly and knowingly benefited from discriminatory practices
Some opponents further claim that affirmative action has undesirable side-effects and that it fails to achieve its goals. They argue that it hinders reconciliation, replaces old wrongs with new wrongs, undermines the achievements of minorities, and encourages groups to identify themselves as disadvantaged, even if they are not. It may increase racial tension and benefit the more privileged people within minority groups at the expense of the disenfranchised within better-off groups (such as lower-class whites and Asians).There has recently been a strong push among American states to ban racial or gender preferences in university admissions, in reaction to the controversial and unprecedented decision in Grutter v. Bollinger. In 2006, nearly 60% of Michigan voters decided to ban affirmative action in university admissions. Michigan joined California, Florida, Texas, and Washington in banning the use of race or sex in admissions considerations. Some opponents believe, among other things, that affirmative action devalues the accomplishments of people who belong to a group it's supposed to help, therefore making affirmative action counter-productive. Furthermore, opponents of affirmative action claim that these policies dehumanize individuals and applicants to jobs or school are judged as members of a group without consideration for the individual person.
In the US, a prominent form of racial preferences relates to access to education, particularly admission to universities and other forms of higher education. Race, ethnicity, native language, social class, geographical origin, parental attendance of the university in question (legacy admissions), and/or gender are sometimes taken into account when the university assesses an applicant's grades and test scores. Individuals can also be awarded scholarships and have fees paid on the basis of criteria listed above. In 1978, the Supreme Court ruled in Bakke v. Regents that public universities (and other government institutions) could not set specific numerical targets based on race for admissions or employment. The Court said that "goals" and "timetables" for diversity could be set instead.
The racial preferences debate related to admission to US colleges and universities reflects competing notions of the mission of colleges: "To what extent should they pursue scholarly excellence, to what extent civic goods, and how should these purposes be balanced?". Scholars such as Ronald Dworkin have asserted that no college applicant has a right to expect that a university will design its admissions policies in a way that prizes any particular set of qualities. In this view, admission is not an honor bestowed to reward superior merit but rather a way to advance the mission as each university defines it. If diversity is a goal of the university and their racial preferences do not discriminate against applicants based on hatred or contempt, then affirmative action can be judged acceptable based on the criteria related to the mission the university sets for itself.
To accommodate the ruling in Hopwood v. Texas banning any use of race in school admissions, the State of Texas passed a law guaranteeing entry to any state university if a student finished in the top 10% of their graduating class. Florida and California have also replaced racial quotas with class rank and other criteria. Class rank tends to benefit top students at less competitive high schools, to the detriment of students at more competitive high schools. This effect, however, may be intentional since less-funded, less competitive schools are more likely to be schools where minority enrollment is high. Critics argue that class rank is more a measure of one's peers than of one's self. The top 10% rule adds racial diversity only because schools are still highly racially segregated because of residential patterns. The class rank rule has the same consequence as traditional affirmative action: opening schools to students who would otherwise not be admitted had the given school used a holistic, merit-based approach. From 1996 to 1998, Texas had merit-based admission to its state universities, and minority enrollment dropped. The state's adoption of the "top 10 percent" rule returned minority enrollment to pre-1996 levels.
During a panel discussion at Harvard University's reunion for African American alumni during the 2003–04 academic year, two prominent black professors at the institution—Lani Guinier and Henry Louis Gates—pointed out an unintended effect of affirmative action policies at Harvard. They stated that only about a third of black Harvard undergraduates were from families in which all four grandparents were born into the African American community. The majority of black students at Harvard were Caribbean and African immigrants or their children, with some others the mixed-race children of biracial couples. One Harvard student, born in the South Bronx to a black family whose ancestors have been in the United States for multiple generations, said that there were so few Harvard students from the historic African American community that they took to calling themselves "the descendants" (i.e., descendants of American slaves). The reasons for this underrepresentation of historic African Americans, and possible remedies, remain a subject of debate.
UCLA professor Richard H. Sander published an article in the November 2004 issue of the Stanford Law Review that questioned the effectiveness of racial preferences in law schools. He noted that, prior to his article, there had been no comprehensive study on the effects of affirmative action. The article presents a study that shows that half of all black law students rank near the bottom of their class after the first year of law school and that black law students are more likely to drop out of law school and to fail the bar exam. The article offers a tentative estimate that the production of new black lawyers in the United States would grow by eight percent if affirmative action programs at all law schools were ended. Less qualified black students would attend less prestigious schools where they would be more closely matched in abilities with their classmates and thus perform relatively better. Sander helped to develop a socioeconomically-based affirmative action plan for the UCLA School of Law after the passage of Proposition 209 in 1996, which prohibited the use of racial preferences by public universities in California. This change occurred after studies showed that the graduation rate of blacks at UCLA was 41%, compared to 73% for whites.
A study in 2007 by Mark Long, an economics professor at the University of Washington, demonstrated that the alternatives of affirmative action proved ineffective in restoring minority enrollment in public flagship universities in California, Texas, and Washington. More specifically, apparent rebounds of minority enrollment can be explained by increasing minority enrollment in high schools of those states, and the beneficiaries of class-based (not race) affirmative action would be white students. At the same time, affirmative action itself is both morally and materially costly: 52 percent of white populace (compared to 14 percent of black) thought it should be abolished, implying white distaste of using racial identity, and full-file review is expected to cost the universities an additional $1.5 million to $2 million per year, excluding possible cost of litigation.
In 2006, Jian Li, a Chinese undergraduate at Yale University, filed a civil rights complaint with the Office for Civil Rights against Princeton University, claiming that his race played a role in their decision to reject his application for admission and seeking the suspension of federal financial assistance to the university until it "discontinues discrimination against Asian Americans in all forms" by eliminating race and legacy preferences. Princeton Dean of Admissions Janet Rapelye responded to the claims in the November 30, 2006, issue of the Daily Princetonian by stating that "the numbers don't indicate [discrimination]." She said that Li was not admitted because "many others had far better qualifications." Li's extracurricular activities were described as "not all that outstanding". Li countered in an email, saying that his placement on the waitlist undermines Rapelye's claim. "Princeton had initially waitlisted my application," Li said. "So if it were not for a yield which was higher than expected, the admissions office very well may have admitted a candidate whose "outside activities were not all that outstanding".
In 2012, Abigail Fisher, an undergraduate student at Louisiana State University, and Rachel Multer Michalewicz, a law student at Southern Methodist University, filed a lawsuit to challenge the University of Texas admissions policy, asserting it had a "race-conscious policy" that "violated their civil and constitutional rights". The University of Texas employs the "Top Ten Percent Law", under which admission to any public college or university in Texas is guaranteed to high school students who graduate in the top ten percent of their high school class. Fisher has brought the admissions policy to court because she believes that she was denied acceptance to the University of Texas based on her race, and thus, her right to equal protection according to the 14th Amendment was violated. The Supreme Court heard oral arguments in Fisher on October 10, 2012, and rendered an ambiguous ruling in 2013 that sent the case back to the lower court, stipulating only that the University must demonstrate that it could not achieve diversity through other, non-race sensitive means. In July 2014, the US Court of Appeals for the Fifth Circuit concluded that U of T maintained a "holistic" approach in its application of affirmative action, and could continue the practice. On February 10, 2015, lawyers for Fisher filed a new case in the Supreme Court. It is a renewed complaint that the U.S. Court of Appeals for the Fifth Circuit got the issue wrong — on the second try as well as on the first. The Supreme Court agreed in June 2015 to hear the case a second time. It will likely be decided by June 2016.
On November 17, 2014, Students for Fair Admissions, an offshoot of the Project on Fair Representation, filed lawsuits in federal district court challenging the admissions practices of Harvard University and the University of North Carolina at Chapel Hill. The UNC-Chapel Hill lawsuit alleges discrimination against white and Asian students, while the Harvard lawsuit focuses on discrimination against Asian applicants. Both universities requested the court to halt the lawsuits until the U.S. Supreme Court provides clarification of relevant law by ruling in Fisher v. University of Texas at Austin for the second time. This Supreme Court case will likely be decided in June 2016 or slightly earlier.
In May 2015, a coalition of more than 60 Asian-American organizations filed federal complaints with the Education and Justice Departments against Harvard University. The coalition asked for a civil rights investigation into what they described as Harvard's discriminatory admission practices against Asian-American applicants. The complaint asserts that recent studies indicate that Harvard has engaged in systematic and continuous discrimination against Asian Americans in its "holistic" admissions process. Asian-American applicants with near-perfect test scores, top-one-percent grade point averages, academic awards, and leadership positions are allegedly rejected by Harvard because the university uses racial stereotypes, racially differentiated standards, and de facto racial quotas. This federal complaint was dismissed in July 2015 because the Students for Fair Admissions lawsuit makes similar allegations.
The competition is open to any eligible club down to Levels 10 of the English football league system - all 92 professional clubs in the Premier League and Football League (Levels 1 to 4), and several hundred "non-league" teams in Steps 1 to 6 of the National League System (Levels 5 to 10). A record 763 clubs competed in 2011–12. The tournament consists of 12 randomly drawn rounds followed by the semi-finals and the final. Entrants are not seeded, although a system of byes based on league level ensures higher ranked teams enter in later rounds - the minimum number of games needed to win the competition ranges from six to fourteen.
The first six rounds are the Qualifying Competition, from which 32 teams progress to the first round of the Competition Proper, meeting the first of the 92 professional teams. The last entrants are the Premier League and Championship clubs, into the draw for the Third Round Proper. In the modern era, non-league teams have never reached the quarter finals, and teams below Level 2 have never reached the final.[note 1] As a result, as well as who wins, significant focus is given to those "minnows" (smaller teams) who progress furthest, especially if they achieve an unlikely "giant-killing" victory.
Winners receive the FA Cup trophy, of which there have been two designs and five actual cups; the latest is a 2014 replica of the second design, introduced in 1911. Winners also qualify for European football and a place in the FA Community Shield match. Arsenal are the current holders, having beaten Aston Villa 4–0 in the 2015 final to win the cup for the second year in a row. It was their 12th FA Cup title overall, making Arsenal the FA Cup's most successful club ahead of Manchester United on 11.
In 1863, the newly founded Football Association (the FA) published the Laws of the Game of Association Football, unifying the various different rules in use before then. On 20 July 1871, in the offices of The Sportsman newspaper, the FA Secretary C. W. Alcock proposed to the FA committee that "it is desirable that a Challenge Cup should be established in connection with the Association for which all clubs belonging to the Association should be invited to compete". The inaugural FA Cup tournament kicked off in November 1871. After thirteen games in all, Wanderers were crowned the winners in the final, on 16 March 1872. Wanderers retained the trophy the following year. The modern cup was beginning to be established by the 1888–89 season, when qualifying rounds were introduced.
Following the 1914–15 edition, the competition was suspended due to the First World War, and didn't resume until 1919–20. The 1922–23 competition saw the first final to be played in the newly opened Wembley Stadium (known at the time as the Empire Stadium). Due to the outbreak of World War II, the competition wasn't played between the 1938–39 and 1945–46 editions. Due to the wartime breaks, the competition didn't celebrate its centenary year until 1980–81; fittingly the final featured a goal by Ricky Villa which was later voted the greatest goal ever scored at Wembley Stadium, but has since been replaced by Steven Gerrard.
The competition is open to any club down to Level 10 of the English football league system which meets the eligibility criteria. All clubs in the top four levels (the Premier League and the three divisions of the Football League) are automatically eligible. Clubs in the next six levels (non-league football) are also eligible provided they have played in either the FA Cup, FA Trophy or FA Vase competitions in the previous season. Newly formed clubs, such as F.C. United of Manchester in 2005–06 and also 2006–07, may not therefore play in the FA Cup in their first season. All clubs entering the competition must also have a suitable stadium.
It is very rare for top clubs to miss the competition, although it can happen in exceptional circumstances. Defending holders Manchester United did not enter the 1999–2000 FA Cup, as they were already in the inaugural Club World Championship, with the club stating that entering both tournaments would overload their fixture schedule and make it more difficult to defend their Champions League and Premiership titles. The club claimed that they did not want to devalue the FA Cup by fielding a weaker side. The move benefited United as they received a two-week break and won the 1999–2000 league title by an 18-point margin, although they did not progress past the group stage of the Club World Championship. The withdrawal from the FA Cup, however, drew considerable criticism as this weakened the tournament's prestige and Sir Alex Ferguson later admitted his regret regarding their handling of the situation.
Welsh sides that play in English leagues are eligible, although since the creation of the League of Wales there are only six clubs remaining: Cardiff City (the only non-English team to win the tournament, in 1927), Swansea City, Newport County, Wrexham, Merthyr Town and Colwyn Bay. In the early years other teams from Wales, Ireland and Scotland also took part in the competition, with Glasgow side Queen's Park losing the final to Blackburn Rovers in 1884 and 1885 before being barred from entering by the Scottish Football Association. In the 2013–14 season the first Channel Island club entered the competition when Guernsey F.C. competed for the first time.
The number of entrants has increased greatly in recent years. In the 2004–05 season, 660 clubs entered the competition, beating the long-standing record of 656 from the 1921–22 season. In 2005–06 this increased to 674 entrants, in 2006–07 to 687, in 2007–08 to 731 clubs, and for the 2008–09 and 2009–10 competitions it reached 762. The number has varied slightly but remained roughly stable since then, with 759 clubs participating in 2010–11, a record 763 in 2011–12, 758 for 2012–13, 737 for 2013–14 and 736 for 2014–15. By comparison, the other major English domestic cup, the League Cup, involves only the 92 members of the Premier League and Football League.
Beginning in August, the competition proceeds as a knockout tournament throughout, consisting of twelve rounds, a semi-final and then a final, in May. A system of byes ensures clubs above Level 9 and 10 enter the competition at later stages. There is no seeding, the fixtures in each round being determined by a random draw. Prior to the semi-finals, fixtures ending in a tie are replayed once only. The first six rounds are qualifiers, with the draws organised on a regional basis. The next six rounds are the "proper" rounds where all clubs are in one draw.
The final is normally held the Saturday after the Premier League season finishes in May. The only seasons in recent times when this pattern was not followed were 1999–2000, when most rounds were played a few weeks earlier than normal as an experiment, and 2010–11 and 2012–13 when the FA Cup Final was played before the Premier League season had finished, to allow Wembley Stadium to be ready for the UEFA Champions League final, as well as in 2011–12 to allow England time to prepare for that summer's European Championships.
Until the 1990s further replays would be played until one team was victorious. Some ties took as many as six matches to settle; in their 1975 campaign, Fulham played a total of 12 games over six rounds, which remains the most games played by a team to reach a final. Replays were traditionally played three or four days after the original game, but from 1991–92 they were staged at least 10 days later on police advice. This led to penalty shoot-outs being introduced, the first of which came on 26 November 1991 when Rotherham United eliminated Scunthorpe United.
The FA Cup winners qualify for the following season's UEFA Europa League (formerly named the UEFA Cup; until 1998 they entered the Cup Winners' Cup instead). This European place applies even if the team is relegated or is not in the English top flight. In the past, if the FA Cup winning team also qualified for the following season's Champions League or Europa League through their league position, then the losing FA Cup finalist was given the Europa League place instead. FA Cup winners enter the Europa League at the group stage. Losing finalists, if they entered the Europa League, began earlier, at the play-off or third qualifying round stage. From the 2015–16 UEFA Europa League season, however, UEFA will not allow the runners-up to qualify for the Europa League through the competition.
The semi-finals have been played exclusively at the rebuilt Wembley Stadium since 2008, one year after it opened and after it had already hosted a final (in 2007). For the first decade of the competition, the Kennington Oval was used as the semi-final venue. In the period between this first decade and the reopening of Wembley, semi-finals were played at high-capacity neutral venues around England; usually the home grounds of teams not involved in that semi-final, chosen to be roughly equidistant between the two teams for fairness of travel. The top three most used venues in this period were Villa Park in Birmingham (55 times), Hillsborough in Sheffield (34 times) and Old Trafford in Manchester (23 times). The original Wembley Stadium was also used seven times for semi-final, between 1991 and 2000 (the last held there), but not always for fixtures featuring London teams. In 2005, both were held at the Millennium Stadium.
In 2003 the FA took the decision to permanently use the new Wembley for semi-finals to recoup debts in financing the new stadium. This was controversial, with the move seen as both unfair to fans of teams located far from London, as well as taking some of the prestige away from a Wembley final. In defending the move, the FA has also cited the extra capacity Wembley offers, although the 2013 fixture between Millwall and Wigan led to the unprecedented step of placing 6,000 tickets on sale to neutral fans after the game failed to sell out. A fan poll by The Guardian in 2013 found 86% opposition to Wembley semi-finals.
The final has been played at the rebuilt Wembley Stadium since it opened, in 2007. The rebuilding process meant that between 2001 and 2006 they were hosted at the Millennium Stadium in Cardiff in Wales. Prior to rebuilding, the final was hosted by the original Wembley Stadium since it opened in 1923 (being originally named the Empire Stadium). One exception to this 78 year series of Empire Stadium finals (including five replays) was the 1970 replay between Leeds and Chelsea, held at Old Trafford in Manchester.
In the 51 years prior to the Empire Stadium opening, the final (including 8 replays) was held in a variety of locations, predominantly in London, and mainly at the Kennington Oval and then Crystal Palace. It was played 22 times in the Oval (the inaugural competition in 1872, and then all but two times until 1892). After the Oval, Crystal Palace hosted 21 finals from 1895 to 1914, broken up by 4 four replays elsewhere. The other London venues were Stamford Bridge from 1920 to 1922 (the last three finals before the move to Empire Stadium); and Oxford University's Lillie Bridge in Fulham for the second ever final, in 1873. The other venues used sparingly in this period were all outside of London, as follows:
The FA permitted artificial turf (3G) pitches in all rounds of the competition from the 2014–15 edition and beyond. Under the 2015-16 rules, the pitch must be of FIFA One Star quality, or Two Star for ties if they involve one of the 92 professional clubs. This followed approval two years previously for their use in the qualifying rounds only - if a team with a 3G pitch progressed to the competition proper, they had to switch their tie to the ground of another eligible entrant with a natural grass pitch. Having been strong proponents of the surface, the first match in the proper rounds to be played on a 3G surface was a televised first round replay at Maidstone United's Gallagher Stadium on 20 November 2015.
The trophy comes in three parts - the cup itself, plus a lid and a base. There have been two designs of trophy in use, but five physical trophies have been presented. The original trophy, known as the "little tin idol", was 18 inches high and made by Martin, Hall & Co. It was stolen in 1895 and never recovered, and so was replaced by an exact replica, used until 1910. The FA decided to change the design after the 1909 winners, Manchester United, made their own replica, leading the FA to realise they did not own the copyright. This new, larger design was by Messers Fattorini and Sons, and was used from 1911. In order to preserve this original, from 1992 it was replaced by an exact replica, although this had to be replaced after just over two decades, after showing wear and tear from being handled more than in previous eras. This third replica, first used in 2014, was built heavier to withstand the increased handling. Of the four surviving trophies, only the 1895 replica has entered private ownership.
The name of the winning team is engraved on the silver band around the base as soon as the final has finished, in order to be ready in time for the presentation ceremony. This means the engraver has just five minutes to perform a task which would take twenty under normal conditions, although time is saved by engraving the year on during the match, and sketching the presumed winner. During the final, the trophy wears is decorated with ribbons in the colours of both finalists, with the loser's ribbons being removed at the end of the game. Traditionally, at Wembley finals, the presentation is made at the Royal Box, with players, led by the captain, mounting a staircase to a gangway in front of the box and returning by a second staircase on the other side of the box. At Cardiff the presentation was made on a podium on the pitch.
The tradition of presenting the trophy immediately after the game did not start until the 1882 final; after the first final in 1872 the trophy was not presented to the winners, Wanderers, until a reception held four weeks later in the Pall Mall Restaurant in London. Under the original rules, the trophy was to be permanently presented to any club which won the competition three times, although when inaugural winners Wanderers achieved this feat by the 1876 final, the rules were changed by FA Secretary CW Alcock (who was also captain of Wanderers in their first victory).
Almost 60 years later, 80 year old career criminal Henry (Harry) James Burge claimed to have committed the theft, confessing to a newspaper, with the story being published in the Sunday Pictorial newspaper on 23 February 1958. He claimed to have carried out the robbery with two other men, although when discrepancies with a contemporaneous report in the Birmingham Post newspaper (the crime pre-dated written police reports) in his account of the means of entry and other items stolen, detectives decided there was no realistic possibility of a conviction and the case was closed. Burge claimed the cup had been melted down to make counterfeit half-crown coins, which matched known intelligence of the time, in which stolen silver was being used to forge coins which were then laundered through betting shops at a local racecourse, although Burge had no past history of forgery in a record of 42 previous convictions for which he had spent 42 years in prison. He had been further imprisoned in 1957 for seven years for theft from cars. Released in 1961, he died in 1964.
After being rendered obsolete by the redesign, the 1895 replica was presented in 1910 to the FA's long-serving president Lord Kinnaird. Kinnaird died in 1923, and his family kept it in their possession, out of view, until putting it up for auction in 2005. It was duly sold at Christie's auction house on 19 May 2005 for £420,000 (£478,400 including auction fees and taxes). The sale price set a new world record for a piece of football memorabilia, surpassing the £254,000 paid for the Jules Rimet World Cup Trophy in 1997. The successful bidder was David Gold, the then joint chairman of Birmingham City; claiming the FA and government were doing nothing proactive to ensure the trophy remained in the country, Gold stated his purchase was motivated by wanting to save it for the nation. Accordingly, Gold presented the trophy to the National Football Museum in Preston on 20 April 2006, where it went on immediate public display. It later moved with the museum to its new location in Manchester. In November 2012, it was ceremonially presented to Royal Engineers, after they beat Wanderers 7–1 in a charity replay of the first FA Cup final.
Since the start of the 1994–95 season, the FA Cup has been sponsored. However, to protect the identity of the competition, the sponsored name has always included 'The FA Cup' in addition to the sponsor's name, unlike sponsorship deals for the League Cup where the word 'cup' is preceded by only the sponsor's name. Sponsorship deals run for four years, though – as in the case of E.ON – one-year extensions may be agreed. Emirates airline is the sponsor from 2015 to 2018, renaming the competition as 'The Emirates FA Cup', unlike previous editions, which included 'The FA Cup in association with E.ON' and 'The FA Cup with Budweiser'.
The possibility of unlikely victories in the earlier rounds of the competition, where lower ranked teams beat higher placed opposition, known as "giant killings", is much anticipated by the public, and is considered an integral part of the tradition and prestige of the competition, alongside that gained by teams winning the competition. Almost every club in the League Pyramid has a fondly remembered giant-killing act in its history. It is considered particularly newsworthy when a top Premier League team suffers an upset defeat, or where the giant-killer is a non-league club, i.e. from outside the professional levels of The Football League.
The Football League was founded in 1888, 16 years after the first FA Cup competition. Since the creation of The Football League, Tottenham Hotspur is the only non-league "giant-killer" to win the Cup, taking the 1901 FA Cup with a victory over reigning league runners-up Sheffield United: although at that time, there were only two divisions and 36 clubs in the Football League, and Spurs were champions of the next lowest football tier - the Southern League and probably already good enough for the First Division (as was shown when they joined the Second Division in 1908 and immediately won promotion to the First.) Only two other actual non-League clubs have even reached the final since the founding of the League: Sheffield Wednesday in 1890 (champions of the Football Alliance, a rival league which was already effectively the Second Division, which it formally became in 1892 – Wednesday being let straight into the First Division), and Southampton in 1900 and 1902 (in which years they were also Southern League champions, proving the strength of that league: again, they were probably of equivalent standard to a First Division club at the time, but Southampton's form subsequently faded and they did not join the League till 1920 and the formation of the Third Division.)
Chasetown, whilst playing at Level 8 of English football during the 2007–08 competition, are the lowest-ranked team to play in the Third Round Proper (final 64, of 731 teams entered that season). Chasetown was then a member of the Southern League Division One Midlands (a lower level within the Southern Football League), when they lost to Football League Championship (Level 2) team Cardiff City, the eventual FA Cup runners-up that year. Their success earned the lowly organisation over £60,000 in prize money.
Seven clubs have won the FA Cup as part of a League and Cup double, namely Preston North End (1889), Aston Villa (1897), Tottenham Hotspur (1961), Arsenal (1971, 1998, 2002), Liverpool (1986), Manchester United (1994, 1996, 1999) and Chelsea (2010). In 1993, Arsenal became the first side to win both the FA Cup and the League Cup in the same season when they beat Sheffield Wednesday 2–1 in both finals. Liverpool (in 2001) and Chelsea (in 2007) have since repeated this feat. In 2012, Chelsea accomplished a different cup double consisting of the FA Cup and the 2012 Champions League. In 1998–99, Manchester United added the 1999 Champions League title to their league and cup double to complete a unique Treble. Two years later, in 2000–01, Liverpool won the FA Cup, League Cup and UEFA Cup to complete a cup treble. An English Treble has never been achieved.
The final has never been contested by two teams from outside the top division and there have only been eight winners who weren't in the top flight: Notts County (1894); Tottenham Hotspur (1901); Wolverhampton Wanderers (1908); Barnsley (1912); West Bromwich Albion (1931); Sunderland (1973), Southampton (1976) and West Ham United (1980). With the exception of Tottenham, these clubs were all playing in the second tier (the old Second Division) - Tottenham were playing in the Southern League and were only elected to the Football League in 1908, meaning they are the only non-league winners of the FA Cup. Other than Tottenham's victory, only 24 finalists have come from outside English football's top tier, with a record of 7 wins and 17 runners-up: and none at all from the third tier or lower, Southampton (1902) being the last finalist from outside the top two tiers.
In the early years of coverage the BBC had exclusive radio coverage with a picture of the pitch marked in the Radio Times with numbered squares to help the listener follow the match on the radio. The first FA Cup Final on Radio was in 1926 between Bolton Wanderers and Manchester City but this was only broadcast in Manchester, the first national final on BBC Radio was between Arsenal and Cardiff in 1927. The first final on BBC Television was in 1937 in a match which featured Sunderland and Preston North End but this was not televised in full. The following season's final between Preston and Huddersfield was covered in full by the BBC. When ITV was formed in 1955 they shared final coverage with the BBC in one of the only club matches shown live on television, during the 1970s and 1980s coverage became more elaborate with BBC and ITV trying to steal viewers from the others by starting coverage earlier and earlier some starting as early as 9 a.m. which was six hours before kick off. Nowadays, this continues with Setanta and ESPN having all-day broadcasts from Wembley, but terrestrial TV coverage usually begins two hours before kick off. The sharing of rights between BBC and ITV continued from 1955 to 1988, when ITV lost coverage to the new Sports Channel which later became Sky Sports.
From 1988 to 1997, the BBC and Sky Sports had coverage of the FA Cup, the BBC had highlights on Match of the Day and usually one match per round while Sky had the same deal. From 1997 to 2001, ITV and Sky shared live coverage with both having two matches per round and BBC continuing with highlights on Match of the Day. From 2002 to 2008, BBC and Sky again shared coverage with BBC having two or three matches per round and Sky having one or two. From 2008–09 to 2013–14, FA Cup matches are shown live by ITV across England and Wales, with UTV broadcasting to Northern Ireland but STV refusing to show them. ITV shows 16 FA Cup games per season, including the first pick of live matches from each of the first to sixth rounds of the competition, plus one semi-final exclusively live. The final is also shown live on ITV. Under the same 2008 contract, Setanta Sports showed three games and one replay in each round from round three to five, two quarter-finals, one semi-final and the final. The channel also broadcast ITV's matches exclusively to Scotland, after the ITV franchise holder in Scotland, STV, decided not to broadcast FA Cup games. Setanta entered administration in June 2009 and as a result the FA terminated Setanta's deal to broadcast FA-sanctioned competitions and England internationals. As a result of Setanta going out of business ITV showed the competition exclusively in the 2009–10 season with between three and four matches per round, all quarter finals, semi-finals and final live as the FA could not find a pay TV broadcaster in time. ESPN bought the competition for the 2010–11 to 2012–13 season and during this time Rebecca Lowe became the first woman to host the FA Cup Final in the UK.
Many[who?] expected BSkyB to make a bid to show some of the remaining FA Cup games for the remainder of the 2009–10 season which would include a semi-final and shared rights to the final. ESPN took over the package Setanta held for the FA Cup from the 2010–11 season. The 2011 final was also shown live on Sky 3D in addition to ESPN (who provided the 3D coverage for Sky 3D) and ITV. Following the sale of ESPN's UK and Ireland channels to BT, ESPN's rights package transferred to BT Sport from the 2013–14 season.
The region, as part of Lorraine, was part of the Holy Roman Empire, and then was gradually annexed by France in the 17th century, and formalized as one of the provinces of France. The Calvinist manufacturing republic of Mulhouse, known as Stadtrepublik Mülhausen, became a part of Alsace after a vote by its citizens on 4 January 1798. Alsace is frequently mentioned with and as part of Lorraine and the former duchy of Lorraine, since it was a vital part of the duchy, and later because German possession as the imperial province (Alsace-Lorraine, 1871–1918) was contested in the 19th and 20th centuries; France and Germany exchanged control of parts of Lorraine (including Alsace) four times in 75 years.
With the decline of the Roman Empire, Alsace became the territory of the Germanic Alemanni. The Alemanni were agricultural people, and their Germanic language formed the basis of modern-day dialects spoken along the Upper Rhine (Alsatian, Alemannian, Swabian, Swiss). Clovis and the Franks defeated the Alemanni during the 5th century AD, culminating with the Battle of Tolbiac, and Alsace became part of the Kingdom of Austrasia. Under Clovis' Merovingian successors the inhabitants were Christianized. Alsace remained under Frankish control until the Frankish realm, following the Oaths of Strasbourg of 842, was formally dissolved in 843 at the Treaty of Verdun; the grandsons of Charlemagne divided the realm into three parts. Alsace formed part of the Middle Francia, which was ruled by the youngest grandson Lothar I. Lothar died early in 855 and his realm was divided into three parts. The part known as Lotharingia, or Lorraine, was given to Lothar's son. The rest was shared between Lothar's brothers Charles the Bald (ruler of the West Frankish realm) and Louis the German (ruler of the East Frankish realm). The Kingdom of Lotharingia was short-lived, however, becoming the stem duchy of Lorraine in Eastern Francia after the Treaty of Ribemont in 880. Alsace was united with the other Alemanni east of the Rhine into the stem duchy of Swabia.
At about this time the surrounding areas experienced recurring fragmentation and reincorporations among a number of feudal secular and ecclesiastical lordships, a common process in the Holy Roman Empire. Alsace experienced great prosperity during the 12th and 13th centuries under Hohenstaufen emperors. Frederick I set up Alsace as a province (a procuratio, not a provincia) to be ruled by ministeriales, a non-noble class of civil servants. The idea was that such men would be more tractable and less likely to alienate the fief from the crown out of their own greed. The province had a single provincial court (Landgericht) and a central administration with its seat at Hagenau. Frederick II designated the Bishop of Strasbourg to administer Alsace, but the authority of the bishop was challenged by Count Rudolf of Habsburg, who received his rights from Frederick II's son Conrad IV. Strasbourg began to grow to become the most populous and commercially important town in the region. In 1262, after a long struggle with the ruling bishops, its citizens gained the status of free imperial city. A stop on the Paris-Vienna-Orient trade route, as well as a port on the Rhine route linking southern Germany and Switzerland to the Netherlands, England and Scandinavia, it became the political and economic center of the region. Cities such as Colmar and Hagenau also began to grow in economic importance and gained a kind of autonomy within the "Decapole" or "Dekapolis", a federation of ten free towns.