10 Pages Posted: 19 Apr 2010
Date Written: 1995
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.
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
Suggested Citation: Suggested Citation
Martinez, John, Trivializing Diversity: The Problem of Overinclusion in Affirmative Action Programs (1995). Harvard Blackletter Law Journal, Vol. 12, p. 49, 1995. Available at SSRN: https://ssrn.com/abstract=1592516