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

Utah Bar Journal, Vol. 16, May 2004

4 Pages Posted: 20 Apr 2010  

John Martinez

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

Date Written: 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.

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: https://ssrn.com/abstract=1592513

John Martinez (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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