The New Logic of Affirmative Action

Authors

Charles W. Collier, University of Florida Levin College of LawFollow

Document Type

Article

Publication Date

12-1995

OCLC FAST subject heading

Civil rights

Abstract

Is affirmative action inherently preferential, discriminatory, and thus inconsistent with the Constitution's guarantee of equal protection? This question is basic to the legal discussion of affirmative action, and yet it seems to me that it has not been adequately addressed, much less analyzed. Clearly, there is no shortage of individual abuses and misuses in the name of “affirmative action,” and these have been amply documented elsewhere. My primary concern is with what might be termed the “logic” of affirmative action.

Recommended Citation

Charles W. Collier, The New Logic of Affirmative Action, 45 Duke L.J. 559 (1995), available at http://scholarship.law.ufl.edu/facultypub/661