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Comcast announced in May 2007 and launched in September 2008 a dashboard called SmartZone. Hewlett-Packard led "design, creation and management". Collaboration and unified messaging technology came from open-source vendor Zimbra. "SmartZone users will be able to send and receive e-mail, listen to their voicemail messages online and forward that information via e-mail to others, send instant messages and video instant messages and merge their contacts into one address book". There is also Cloudmark spam and phishing protection and Trend Micro antivirus. The address book is Comcast Plaxo software.
In April 2005, Comcast and Time Warner Cable announced plans to buy the assets of bankrupted Adelphia Cable. The two companies paid a total of $17.6 billion in the deal that was finalized in the second quarter of 2006—after the U.S. Federal Communications Commission (FCC) completed a seven-month investigation without raising an objection. Time Warner Cable became the second largest cable provider in the U.S., ranking behind Comcast. As part of the deal, Time Warner and Comcast traded existing subscribers in order to consolidate them into larger geographic clusters.
Media outlets began reporting in late September 2009 that Comcast was in talks to buy NBCUniversal. Comcast denied the rumors at first, while NBC would not comment on them. However, CNBC itself reported on October 1 that General Electric was considering spinning NBCUniversal off into a separate company that would merge the NBC television network and its cable properties such as USA Network, Syfy and MSNBC with Comcast's content assets. GE would maintain 49% control of the new company, while Comcast owned 51%. Vivendi, which owns 20%, would have to sell its stake to GE. It was reported that under the current deal with GE that it would happen in November or December. It was also reported that Time Warner would be interested in placing a bid, until CEO Jeffrey L. Bewkes directly denied interest, leaving Comcast the sole bidder. On November 1, 2009, The New York Times reported Comcast had moved closer to a deal to purchase NBCUniversal and that a formal announcement could be made sometime the following week.
Following a tentative agreement on by December 1, on December 3, 2009, the parties announced that Comcast would buy a controlling 51% stake in NBCUniversal for $6.5 billion in cash and $7.3 billion in programming. GE would take over the remaining 49% stake in NBCUniversal, using $5.8 billion to buy out Vivendi's 20% minority stake in NBCUniversal. On January 18, 2011, the FCC approved the deal by a vote of 4 to 1. The sale was completed on January 28, 2011. In late December 2012, Comcast added the NBC peacock symbol to their new logo. On February 12, 2013, Comcast announced an intention to acquire the remaining 49% of General Electric's interest in NBCUniversal, which Comcast completed on March 19, 2013.
On February 12, 2014, the Los Angeles Times reported that Comcast sought to acquire Time Warner Cable in a deal valued at $45.2 billion. On February 13, it was reported that Time Warner Cable agreed to the acquisition. This was to add several metropolitan areas to the Comcast portfolio, such as New York City, Los Angeles, Dallas-Fort Worth, Cleveland, Columbus, Cincinnati, Charlotte, San Diego, and San Antonio. Time Warner Cable and Comcast aimed to merge into one company by the end of 2014 and both have praised the deal, emphasizing the increased capabilities of a combined telecommunications network, and to "create operating efficiencies and economies of scale".
Critics noted in 2013 that Tom Wheeler, the head of the FCC, which has to approve the deal, is the former head of both the largest cable lobbying organization, the National Cable & Telecommunications Association, and as largest wireless lobby, CTIA – The Wireless Association. According to Politico, Comcast "donated to almost every member of Congress who has a hand in regulating it." The US Senate Judiciary Committee held a hearing on the deal on April 9, 2014. The House Judiciary Committee planned its own hearing. On March 6, 2014 the United States Department of Justice Antitrust Division confirmed it was investigating the deal. In March 2014, the division's chairman, William Baer, recused himself because he was involved in a prior Comcast NBCUniversal acquisition. Several states' attorneys general have announced support for the federal investigation. On April 24, 2015, Jonathan Sallet, general counsel of the F.C.C., said that he was going to recommend a hearing before an administrative law judge, equivalent to a collapse of the deal.
Comcast delivers third-party television programming content to its own customers, and also produces its own first-party content both for subscribers and customers of other competing television services. Fully or partially owned Comcast programming includes Comcast Newsmakers, Comcast Network, Comcast SportsNet, SportsNet New York, MLB Network, Comcast Sports Southeast/Charter Sports Southeast, NBC Sports Network, The Golf Channel, AZN Television, and FEARnet. On May 19, 2009, Disney and ESPN announced an agreement to allow Comcast Corporation to carry the channels ESPNU and ESPN3. The U.S. Olympic Committee and Comcast intended to team up to create The U.S. Olympic Network, which was slated to launch after the 2010 Vancouver Olympic Games. These plans were then put on hold by the U.S. Olympic Committee. The U.S. Olympic Committee and Comcast have ended the plans to create The U.S. Olympic Network.
Comcast also owns many local channels. Comcast also has a variety network known as Comcast Network, available exclusively to Comcast and Cablevision subscribers. The channel shows news, sports, and entertainment and places emphasis in Philadelphia and the Baltimore/Washington, D.C. areas, though the channel is also available in New York, Pittsburgh, and Richmond. In August 2004, Comcast started a channel called Comcast Entertainment Television, for Colorado Comcast subscribers, and focusing on life in Colorado. It also carries some National Hockey League and National Basketball Association games when Altitude Sports & Entertainment is carrying the NHL or NBA. In January 2006, CET became the primary channel for Colorado's Emergency Alert System in the Denver Metro Area. In 2006, Comcast helped found the channel SportsNet New York, acquiring a minority stake. The other partners in the project were New York Mets and Time Warner Cable.
In 1996, Comcast bought a controlling stake in Spectacor from the company's founder, Ed Snider. Comcast-Spectacor holdings now include the Philadelphia Flyers NHL hockey team, the Philadelphia 76ers National Basketball Association basketball team and two large multipurpose arenas in Philadelphia. Over a number of years, Comcast became majority owner of Comcast SportsNet, as well as Golf Channel and NBCSN (formerly the Outdoor Life Network, then Versus). In 2002, Comcast paid the University of Maryland $25 million for naming rights to the new basketball arena built on the College Park campus, the XFINITY Center. Before it was renamed for Comcast's cable subsidiary, XFINITY Center was called Comcast Center from its opening in 2002 through July 2014.
In 2004 and 2007, the American Customer Satisfaction Index (ACSI) survey found that Comcast had the worst customer satisfaction rating of any company or government agency in the country, including the Internal Revenue Service. The ACSI indicates that almost half of all cable customers (regardless of company) have registered complaints, and that cable is the only industry to score below 60 in the ACSI. Comcast's Customer Service Rating by the ACSI surveys indicate that the company's customer service has not improved since the surveys began in 2001. Analysis of the surveys states that "Comcast is one of the lowest scoring companies in ACSI. As its customer satisfaction eroded by 7% over the past year, revenue increased by 12%." The ACSI analysis also addresses this contradiction, stating that "Such pricing power usually comes with some level of monopoly protection and most cable companies have little competition at the local level. This also means that a cable company can do well financially even though its customers are not particularly satisfied."
Comcast was given an "F" for its corporate governance practices in 2010, by Corporate Library, an independent shareholder-research organization. According to Corporate Library, Comcast's board of directors ability to oversee and control management was severely compromised (at least in 2010) by the fact that several of the directors either worked for the company or had business ties to it (making them susceptible to management pressure), and a third of the directors were over 70 years of age. According to the Wall Street Journal nearly two-thirds of the flights of Comcast's $40 million corporate jet purchased for business travel related to the NBCU acquisition, were to CEO Brian Roberts' private homes or to resorts.
In January 2015, a customer named Ricardo Brown received a bill from Comcast with his name changed to "Asshole Brown". Brown's wife, Lisa, believed a Comcast employee changed the name in response to the Browns' request to cancel their cable service, an incident in which she was refused a cancellation unless she paid a $60 fee and instead was routed to a retention specialist. Comcast refused to correct the name on their bill after bringing it to the attention of numerous customer service outlets for the company by explaining that Ricardo is the legal name of the customer, so the Browns turned to consumer advocate Christopher Elliott. Elliott posted the facts of the incident, along with a copy of the bill, on his blog. Shortly thereafter, Elliott contacted Comcast and Comcast offered the Browns an apology, a $60 refund, and a promise to track down and fire the responsible employee. The Browns instead requested a full refund for their negative experience and Comcast agreed to refund the family the last two years of service and provide the next two years of service at no charge. Comcast released a statement explaining: "We have spoken with our customer and apologized for this completely unacceptable and inappropriate name change. We have zero tolerance for this type of disrespectful behavior and are conducting a thorough investigation to determine what happened. We are working with our customer to make this right and will take appropriate steps to prevent this from happening again."
Tuberculosis (TB) is an infectious disease usually caused by the bacterium Mycobacterium tuberculosis (MTB). Tuberculosis generally affects the lungs, but can also affect other parts of the body. Most infections do not have symptoms, known as latent tuberculosis. About 10% of latent infections progress to active disease which, if left untreated, kills about half of those infected. The classic symptoms of active TB are a chronic cough with blood-containing sputum, fever, night sweats, and weight loss. The historical term "consumption" came about due to the weight loss. Infection of other organs can cause a wide range of symptoms.
One-third of the world's population is thought to be infected with TB. New infections occur in about 1% of the population each year. In 2014, there were 9.6 million cases of active TB which resulted in 1.5 million deaths. More than 95% of deaths occurred in developing countries. The number of new cases each year has decreased since 2000. About 80% of people in many Asian and African countries test positive while 5–10% of people in the United States population tests positive by the tuberculin test. Tuberculosis has been present in humans since ancient times.
If a tuberculosis infection does become active, it most commonly involves the lungs (in about 90% of cases). Symptoms may include chest pain and a prolonged cough producing sputum. About 25% of people may not have any symptoms (i.e. they remain "asymptomatic"). Occasionally, people may cough up blood in small amounts, and in very rare cases, the infection may erode into the pulmonary artery or a Rasmussen's aneurysm, resulting in massive bleeding. Tuberculosis may become a chronic illness and cause extensive scarring in the upper lobes of the lungs. The upper lung lobes are more frequently affected by tuberculosis than the lower ones. The reason for this difference is not clear. It may be due either to better air flow, or to poor lymph drainage within the upper lungs.
In 15–20% of active cases, the infection spreads outside the lungs, causing other kinds of TB. These are collectively denoted as "extrapulmonary tuberculosis". Extrapulmonary TB occurs more commonly in immunosuppressed persons and young children. In those with HIV, this occurs in more than 50% of cases. Notable extrapulmonary infection sites include the pleura (in tuberculous pleurisy), the central nervous system (in tuberculous meningitis), the lymphatic system (in scrofula of the neck), the genitourinary system (in urogenital tuberculosis), and the bones and joints (in Pott disease of the spine), among others. When it spreads to the bones, it is also known as "osseous tuberculosis", a form of osteomyelitis. Sometimes, bursting of a tubercular abscess through skin results in tuberculous ulcer. An ulcer originating from nearby infected lymph nodes is painless, slowly enlarging and has an appearance of "wash leather". A potentially more serious, widespread form of TB is called "disseminated tuberculosis", also known as miliary tuberculosis. Miliary TB makes up about 10% of extrapulmonary cases.
The main cause of TB is Mycobacterium tuberculosis, a small, aerobic, nonmotile bacillus. The high lipid content of this pathogen accounts for many of its unique clinical characteristics. It divides every 16 to 20 hours, which is an extremely slow rate compared with other bacteria, which usually divide in less than an hour. Mycobacteria have an outer membrane lipid bilayer. If a Gram stain is performed, MTB either stains very weakly "Gram-positive" or does not retain dye as a result of the high lipid and mycolic acid content of its cell wall. MTB can withstand weak disinfectants and survive in a dry state for weeks. In nature, the bacterium can grow only within the cells of a host organism, but M. tuberculosis can be cultured in the laboratory.
Using histological stains on expectorated samples from phlegm (also called "sputum"), scientists can identify MTB under a microscope. Since MTB retains certain stains even after being treated with acidic solution, it is classified as an acid-fast bacillus. The most common acid-fast staining techniques are the Ziehl–Neelsen stain and the Kinyoun stain, which dye acid-fast bacilli a bright red that stands out against a blue background. Auramine-rhodamine staining and fluorescence microscopy are also used.
The M. tuberculosis complex (MTBC) includes four other TB-causing mycobacteria: M. bovis, M. africanum, M. canetti, and M. microti. M. africanum is not widespread, but it is a significant cause of tuberculosis in parts of Africa. M. bovis was once a common cause of tuberculosis, but the introduction of pasteurized milk has almost completely eliminated this as a public health problem in developed countries. M. canetti is rare and seems to be limited to the Horn of Africa, although a few cases have been seen in African emigrants. M. microti is also rare and is seen almost only in immunodeficient people, although its prevalence may be significantly underestimated.
People with prolonged, frequent, or close contact with people with TB are at particularly high risk of becoming infected, with an estimated 22% infection rate. A person with active but untreated tuberculosis may infect 10–15 (or more) other people per year. Transmission should occur from only people with active TB – those with latent infection are not thought to be contagious. The probability of transmission from one person to another depends upon several factors, including the number of infectious droplets expelled by the carrier, the effectiveness of ventilation, the duration of exposure, the virulence of the M. tuberculosis strain, the level of immunity in the uninfected person, and others. The cascade of person-to-person spread can be circumvented by segregating those with active ("overt") TB and putting them on anti-TB drug regimens. After about two weeks of effective treatment, subjects with nonresistant active infections generally do not remain contagious to others. If someone does become infected, it typically takes three to four weeks before the newly infected person becomes infectious enough to transmit the disease to others.
TB infection begins when the mycobacteria reach the pulmonary alveoli, where they invade and replicate within endosomes of alveolar macrophages. Macrophages identify the bacterium as foreign and attempt to eliminate it by phagocytosis. During this process, the bacterium is enveloped by the macrophage and stored temporarily in a membrane-bound vesicle called a phagosome. The phagosome then combines with a lysosome to create a phagolysosome. In the phagolysosome, the cell attempts to use reactive oxygen species and acid to kill the bacterium. However, M. tuberculosis has a thick, waxy mycolic acid capsule that protects it from these toxic substances. M. tuberculosis is able to reproduce inside the macrophage and will eventually kill the immune cell.
The primary site of infection in the lungs, known as the "Ghon focus", is generally located in either the upper part of the lower lobe, or the lower part of the upper lobe. Tuberculosis of the lungs may also occur via infection from the blood stream. This is known as a Simon focus and is typically found in the top of the lung. This hematogenous transmission can also spread infection to more distant sites, such as peripheral lymph nodes, the kidneys, the brain, and the bones. All parts of the body can be affected by the disease, though for unknown reasons it rarely affects the heart, skeletal muscles, pancreas, or thyroid.
Tuberculosis is classified as one of the granulomatous inflammatory diseases. Macrophages, T lymphocytes, B lymphocytes, and fibroblasts aggregate to form granulomas, with lymphocytes surrounding the infected macrophages. When other macrophages attack the infected macrophage, they fuse together to form a giant multinucleated cell in the alveolar lumen. The granuloma may prevent dissemination of the mycobacteria and provide a local environment for interaction of cells of the immune system. However, more recent evidence suggests that the bacteria use the granulomas to avoid destruction by the host's immune system. Macrophages and dendritic cells in the granulomas are unable to present antigen to lymphocytes; thus the immune response is suppressed. Bacteria inside the granuloma can become dormant, resulting in latent infection. Another feature of the granulomas is the development of abnormal cell death (necrosis) in the center of tubercles. To the naked eye, this has the texture of soft, white cheese and is termed caseous necrosis.
In many people, the infection waxes and wanes. Tissue destruction and necrosis are often balanced by healing and fibrosis. Affected tissue is replaced by scarring and cavities filled with caseous necrotic material. During active disease, some of these cavities are joined to the air passages bronchi and this material can be coughed up. It contains living bacteria, so can spread the infection. Treatment with appropriate antibiotics kills bacteria and allows healing to take place. Upon cure, affected areas are eventually replaced by scar tissue.
Diagnosing active tuberculosis based only on signs and symptoms is difficult, as is diagnosing the disease in those who are immunosuppressed. A diagnosis of TB should, however, be considered in those with signs of lung disease or constitutional symptoms lasting longer than two weeks. A chest X-ray and multiple sputum cultures for acid-fast bacilli are typically part of the initial evaluation. Interferon-γ release assays and tuberculin skin tests are of little use in the developing world. IGRA have similar limitations in those with HIV.
The Mantoux tuberculin skin test is often used to screen people at high risk for TB. Those who have been previously immunized may have a false-positive test result. The test may be falsely negative in those with sarcoidosis, Hodgkin's lymphoma, malnutrition, and most notably, active tuberculosis. Interferon gamma release assays (IGRAs), on a blood sample, are recommended in those who are positive to the Mantoux test. These are not affected by immunization or most environmental mycobacteria, so they generate fewer false-positive results. However, they are affected by M. szulgai, M. marinum, and M. kansasii. IGRAs may increase sensitivity when used in addition to the skin test, but may be less sensitive than the skin test when used alone.
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.