Foreword: the making of a turning point - Metro and Adarand

Article Abstract:

The reduced deference to Congress implicit in the Supreme Court's Adarand Contractors, Inc. v. Pena ruling on federal minority set-asides was a direct response to Metro Broadcasting, Inc. v. FCC's acceptance of race-based programs that are not merely remedial. In Metro Broadcasting, the Court approved federal programs that were intended to promote racial pluralism and diversity. These goals could have made affirmative action a permanent measure, instead of a transitional, remedial measure. In applying the strict scrutiny standard to federal laws in Adarand, the Court stated that affirmative action should still be considered temporary.

Cases, Equality before the law, Equal protection

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Class-based affirmative action

Article Abstract:

The affirmative action positions staked out by both major candidates in the 1996 Presidential campaign are inadequate, and those interested in reforming systems of preference should consider advocating socio-economic factors instead of race and gender. The Supreme Court's ruling in Adarand Constructors, Inc. v. Pena suggests that the Court's support for affirmative action is waning. Class-based standards in hiring, education and public contracts may offer a better match between disadvantage and preference by considering factors such as family, education and community.

Influence, Excerpt, Social status, The Remedy (Book)

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The future of affirmative action: reclaiming the innovative ideal

Article Abstract:

Affirmative action advocates have allowed their opponents to control the terms of debate and have failed to consider more fundamental critiques of merit and systems of educational and employment testing that favor those with socio-economic advantages. Research has shown poor correlation between test scores and subsequent job and school performance. These selection methods must be reformed to promote recruitment of workers and students that can do the job, to increase inclusion of underrepresented groups and to promote the benefits of more pluralistic perspectives.

Analysis, Educational tests, Educational tests and measurements, Occupational aptitude tests

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