Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
The New Logic Of Affirmative Action, Charles W. Collier
The New Logic Of Affirmative Action, Charles W. Collier
UF Law Faculty Publications
Is affirmative action inherently preferential, discriminatory, and thus inconsistent with the Constitution's guarantee of equal protection? This question is basic to the legal discussion of affirmative action, and yet it seems to me that it has not been adequately addressed, much less analyzed. Clearly, there is no shortage of individual abuses and misuses in the name of “affirmative action,” and these have been amply documented elsewhere. My primary concern is with what might be termed the “logic” of affirmative action.
Affirmative Action As A Women's Issue, Helen Norton
Affirmative Action As A Women's Issue, Helen Norton
Publications
No abstract provided.
Social Justice And The Myth Of Fairness: A Communal Defense Of Affirmative Action, Phillip J. Closius
Social Justice And The Myth Of Fairness: A Communal Defense Of Affirmative Action, Phillip J. Closius
All Faculty Scholarship
This Article shall examine the characteristics of the current analytical framework by first examining some harmful effects resulting from the prioritization of fairness: excessive generalization, formalism and superficiality, and materialism. The Article will then examine in detail the Supreme Court's resolution of modern affirmative action issues. The Court has generated confusion and discord by applying simplistic concepts to complex problems and by adhering to the primacy of fairness in a context in which all interested parties claim that fairness favors their result. Finally, this Article will critique the Court's inability to provide a consistent doctrinal basis for discussing affirmative action …