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