Abstract

http://ssrn.com/abstract=839224
 
 

Footnotes (62)



 


 



Public Opinion and Strict Scrtiny Equal Protection Review: Higher Education Affirmative Action and the Future of the Equal Protection Framework


Lawrence Friedman


New England Law | Boston


Boston College Third World Law Journal, Vol. 24, pp. 267-282, 2004

Abstract:     
Against the background of the debate over the constitutionality of state-sponsored higher education affirmative action programs, this Essay presents an account of the modern equal protection framework that balances a normative concern for the protection of individuals from discrimination and a structural concern for the counter-majoritarian difficulty. The author suggests that state-sponsored higher education affirmative action programs may survive strict scrutiny, and that proposals urging the judicial consideration of public opinion about such programs should be rejected. Even if public opinion could be accurately gauged, it should not influence the application of strict scrutiny to such programs, or play any part in equal protection review.

Number of Pages in PDF File: 16

Keywords: Affirmative action, Equality before the Law, Higher Education, Government Regulation, Equal Protection

Accepted Paper Series


Download This Paper

Date posted: November 7, 2005  

Suggested Citation

Friedman, Lawrence, Public Opinion and Strict Scrtiny Equal Protection Review: Higher Education Affirmative Action and the Future of the Equal Protection Framework. Boston College Third World Law Journal, Vol. 24, pp. 267-282, 2004. Available at SSRN: http://ssrn.com/abstract=839224

Contact Information

Lawrence Michael Friedman (Contact Author)
New England Law | Boston ( email )
154 Stuart Street
Boston, MA 02116
United States
617-451-0010 (Phone)

Feedback to SSRN


Paper statistics
Abstract Views: 960
Downloads: 69
Download Rank: 198,817
Footnotes:  62

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.344 seconds