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

48 Pages Posted: 25 Apr 2012

See all articles by Stephen R. McAllister

Stephen R. McAllister

University of Kansas - School of Law

Andrew F. Halaby

Snell & Wilmer LLP

Date Written: April 22, 1997

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.

Suggested Citation

McAllister, Stephen R. and Halaby, Andrew F., An Analysis of the Supreme Court’s Reliance on Racial 'Stigma' as a Constitutional Concept in Affirmative Action Cases (April 22, 1997). Michigan Journal of Race & Law, Vol. 2, No. 235, 1997, Available at SSRN: https://ssrn.com/abstract=2044052

Stephen R. McAllister (Contact Author)

University of Kansas - School of Law ( email )

Green Hall
1535 W. 15th Street
Lawrence, KS 66045-7577
United States

Andrew F. Halaby

Snell & Wilmer LLP ( email )

United States

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