When does private discrimination justify public affirmative action?

Article Abstract:

The government could remedy private discrimination in a fashion consistent with the US Supreme Court's anti-affirmative action holding in City of Richmond v. J.A. Croson Co. if attention is given to the broader and more liberal language used by the Court. Consistent and limited remedying of private discrimination, which does not unreasonably burden third parties, is possible using the Court's language as a constitutional underpinning. The context of government procurement can be used to test a model consisting of three justifications for government remedying of private discrimination, which justifications include causation, but-for, and single-market.

Remedies, Private sector, Constitutional law, Constitutional interpretation, Race discrimination

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A critique of noncommercial justifications for Sherman Act violations

Article Abstract:

Nonprofit organizations should not be able to avoid liability for relatively clear antitrust violations of the Sherman Act on the ground that the violation was not related to the economic effects of the contract, but rather to noncommercial, social welfare justifications. The federal courts should reject the "noncommercial justification" defense and instead make their economic analysis as to the Act's applicability by balancing the value of competition in a given market against non-commercial or non-economic considerations.

Antitrust law, Nonprofit organizations

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Two views of the river: a critique of the liberal defense of affirmative action

Article Abstract:

The author argues that the traditional defense of affirmative action in university admissions fails to challenge the way in which standards of merit perpetuate race and class privilege. An alternative defense of affirmative action based on the need to remedy past and present discrimination is presented.

States, College admissions

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