Trivializing Diversity: The Problem of Overinclusion in Affirmative Action Programs

Abstract:     
If we reconstruct affirmative action according to race-neutral criteria, then minimum rationality judicial review would apply. Such a standard would allow us to cope with the problems of under- and over-inclusion in affirmative action programs far better than under current constructs.

Number of Pages in PDF File: 10

Keywords: affirmative action, overinclusion, underinclusion, race-neutral, racism, quotas, discrimination, equal protection

JEL Classification: D23, D57, D60, D61, D62, D63, D70, D71, D73, D78, D81, H10, H11, H19, H70, H79, P17

Accepted Paper Series