United States Supreme Court Goes Color-Blind: Adarand Constructors, Inc. v. Pena, The

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Authors
Eades, Brian C.
Issue Date
1996
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Journal Article
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INTRODUCTION|The federal government's adoption of affirmative action programs has provoked much controversy. Governmental affirmative action programs have historically involved the government's use of racial classifications to assist members of racial minority groups in achieving equal opportunity. Use of federal affirmative action programs increased rapidly throughout the 1960s and 1970s as federal lawmakers attempted to make amends for the remaining vestiges of racial segregation and racist attitudes that constituted barriers to the advancement of minorities. Virtually all federal agencies have utilized some type of affirmative action. One example of a typical federal affirmative action program is the preferential treatment of minorities in procurement contract grants. Affirmative action has recently presented a variety of difficult legal and social problems due to the intense emotions resulting from the use of such programs. Courts and commentators have long debated the propriety of these programs. While proponents of affirmative action characterize such racial preferences as benign and necessarily directed towards ensuring equal opportunity and achievement for all, the opponents of affirmative action view such preferential treatment as constitutionally impermissible discrimination...
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29 Creighton L. Rev. 771 (1995-1996)
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Creighton University School of Law
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