Abstract

http://ssrn.com/abstract=1592513
 


 



Getting Past the Name-Calling: A Framework for Analyzing Affirmative Action Plans


John Martinez


University of Utah - S.J. Quinney College of Law

May 2004

Utah Bar Journal, Vol. 16, May 2004

Abstract:     
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: 4

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Date posted: April 20, 2010  

Suggested Citation

Martinez, John, Getting Past the Name-Calling: A Framework for Analyzing Affirmative Action Plans (May 2004). Utah Bar Journal, Vol. 16, May 2004. Available at SSRN: http://ssrn.com/abstract=1592513

Contact Information

John Martinez (Contact Author)
University of Utah - S.J. Quinney College of Law ( email )
332 S. 1400 East Front
Salt Lake City, UT 84112-0730
United States

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