An Analysis of the Supreme Court’s Reliance on Racial 'Stigma' as a Constitutional Concept in Affirmative Action Cases
Issue Date
1997Author
Halaby, Andrew F.
McAllister, Stephen R.
Publisher
University of Michigan Law School
Type
Article
Version
http://ssrn.com/abstract=2044052
Metadata
Show full item recordAbstract
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.
Description
Full-text available at SSRN. See link in this record.
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Citation
Andrew F. Halaby & Stephen R. McAllister, An Analysis of the Supreme Court’s Reliance on Racial 'Stigma' as a Constitutional Concept in Affirmative Action Cases, 2 MICH. J. RACE & L. 235 (1997).
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