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
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: 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
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