Plan of action; the federal government is ready to try a new way to pass the Supremje Court's tough test for giving preference to minority bidders
Article Abstract:
The US Justice Department is fighting the tendency of the courts since the 1995 ruling of Adarand v. Pena to erode affirmative action. In mid-1998 the department is expected to present a plan to preserve affirmative action in federal contracting including the elimination of pure set-asides, a promise of more assistance, and a crackdown on fraud and making the qualification of white businesses as disadvantaged easier. The department's plan comes none too soon as affirmative action opponents enjoyed their best year in 1997.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1998
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Reasonableness a matter of opinion; a 'breakthrough' ruling and a battered woman stir controversy in California
Article Abstract:
A California court acquitted Fay Johnson of murder after a defense that she was an abused wife throughout her 28-year marriage and a 1998 ruling by the California Supreme Court allowing juries to consider past spousal abuse to show both the defendant and an objective, reasonable person would feel in danger. Advocates for battered women view the case as a breakthrough win, while prosecutors worry that juries will now disregard the law of self-defense because of the broad use of expert evidence.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
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- Abstracts: Regs clarify one-owner LLC tax; the 'check the box' rules eliminate areas of uncertainty and create new tax planning opportunities for single-member entities
- Abstracts: Tragedy leads to air bag crusade. Time for Supreme Court to mop up a mess. Government settles case on nuke plant 'taking.' (Oak Ridge nuclear weapons plant)
- Abstracts: Does the per se rule in antitrust law remain viable? The U.S. Supreme Court has oscillated in its own application of the doctrine, creating some uncertainty
- Abstracts: Deducting interest on federal income tax underpayments: a roadmap through a 50-year quagmire. Losing face but gaining power: state taxation of interstate commerce
- Abstracts: Regs clarify one-owner LLC tax; the 'check the box' rules eliminate areas of uncertainty and create new tax planning opportunities for single-member entities. part 2