Getting Past the Name-Calling: A Framework for Analyzing Affirmative Action Plans
University of Utah - S.J. Quinney College of Law
Utah Bar Journal, Vol. 16, May 2004
Where race is not used as a factor, then the means used does not classify according to a suspect trait - and judicial review is relatively undemanding: the end sought to be achieved may be merely a "legitimate governmental objective" which is reasonably likely to be achieved by the race-neutral means involved. Moreover, there is a presumption that the governmental conduct is proper, thus casting a substantial burden on the challenger to demonstrate invalidity.
Number of Pages in PDF File: 4Accepted Paper Series
Date posted: April 20, 2010
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