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1976

Georgetown Law Faculty Publications and Other Works

Affirmative action

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Book Review Of Disaster By Decree, Charles F. Abernathy Jan 1976

Book Review Of Disaster By Decree, Charles F. Abernathy

Georgetown Law Faculty Publications and Other Works

In Disaster by Decree, and beginning with Brown v. Board of Education, Professor Graglia traces national efforts at school desegregation, constantly pricking the Court's egalitarian balloon with his needle of logic. How can the 1954 Brown decision, he asks, which forbade consideration of race in school assignments, justify current relief decrees that require courts and school boards to consider race? This attack indeed may catch affirmative action proponents at their Achilles' heel, for preferential admissions programs, if not actually spawned by admiration of the courts' desegregation efforts, draw constitutional strength from the courts' own repeated assumption of the power ...