An Analysis of the Supreme Court’s Reliance on Racial 'Stigma' as a Constitutional Concept in Affirmative Action Cases

Abstract:     
This article addresses one of the asserted costs of affirmative action: stigmatization. The article offers structure to the debate over the definition and constitutional significance of the concept of “stigmatization” in the affirmative action context. In addition, the article sets forth a model for analyzing “stigma” as a constitutional concern, identifies particular strains of stigma on which the Supreme Court has relied, and analyzes the Supreme Court’s use of the concept in affirmative action cases.

Number of Pages in PDF File: 48

Accepted Paper Series