The Law of Affirmative Action: Twenty-Five Years of Supreme Court Decisions on Race and Remedies

By Girardeau A. Spann | Go to book overview

Notes

NOTES TO CHAPTER 1

1. Numerous commentators have written about race relations in the United States. To facilitate the process of locating full citations, while complying with the conventions of legal citation, secondary sources to which this book makes multiple references have been collected in this footnote. In addition, all sources cited in this book are listed in the bibliography. The secondary sources to which the book makes multiple references are Affirmative Action Settlement; Excerpts From Statement By School Board Lawyer On Lawsuit's Settlement, N.Y. TIMES, Nov. 22, 1997, at B4; Barry Bearak, Affirmative Action Settlement: The Reaction; Settlement Ends High Court Case On Preferences: Rights Groups Ducked A Fight, Opponents Say, N.Y. TIMES, Nov. 22, 1997, at A1; ALEXANDER BICKEL, THE MORALITY OF CONSENT (1975); Joan Biskupic, Rights Groups Pay To Settle Bias Case; High Court Affirmative Action Ruling Avoided, WASH. POST, Nov. 22, 1997, at A1; JOHN HART ELY, DEMOCRACY AND DISTRUST: A THEORY OF JUDICIAL REVIEW (1980); Employment Discrimination—Race: Clinton Administration Switches Stance On Use Of Race As Factor In Teacher's Layoff, 66 U.S.L.W. 2134 (Sept. 9, 1977); RICHARD H. FALLON ET AL., HART AND WECHSLER'S THE FEDERAL COURTS AND THE FEDERAL SYSTEM (4th ed. 1996); Howard Fineman, Race And Rage: Affirmative Action: Republicans Hope It Will Drive A Wedge Between Liberal Democrats And White Swing Voters, NEWSWEEK, Apr. 3, 1995, at 23; ERIC FONER, RECONSTRUCTION: AMERICA'S UNFINISHED REVOLUTION (1988); CLIFFORD GEERTZ, The Thick Description: Toward An Interpretive Theory Of Culture, in THE INTERPRETATION OF CULTURES: SELECTED ESSAYS 3 (1973); Abby Goodnough, Affirmative Action Settlement: The Decision; Prospect Of A Costly Loss Led Board To Drop Case, N.Y. TIMES, Nov. 22, 1997, at B4; Linda Greenhouse, Affirmative Action Settlement: The Overview; Settlement Ends High Court Case On Preferences: Tactical Retreat, N.Y. TIMES, Nov. 22, 1997, at A1 [hereinafter cited as “Affirmative Action Settlement; The Overview”]; Linda Greenhouse, By 5–4, Justices Cast Doubts On U.S. Programs That Give Preferences Based Upon Race: Debate Is Fueled: Rigorous Criteria Set For Court's Approval Of Such Programs, N.Y. TIMES, June 13, 1995, at A1 [hereinafter cited as “Justices Cast Doubts”]; GERALD GUNTHER & KATHLEEN M. SULLIVAN, CONSTITUTIONAL LAW (13th ed. 1997); John F. Harris, For Clinton, A Challenge Of Balance, WASH. POST, June 14,

-193-

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The Law of Affirmative Action: Twenty-Five Years of Supreme Court Decisions on Race and Remedies
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Acknowledgments vii
  • 1: Affirmative Action 1
  • 2: The Early Cases 10
  • 3: The Majority Opinions 44
  • 4: The Voting Rights Cases 85
  • 5: The Law of Affirmative Action 156
  • Notes 193
  • Bibliography 295
  • Legal Authorities 299
  • Index 305
  • About the Author 317
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