Limits of private affirmative action
stevenjamar at gmail.com
Sat Nov 18 06:53:21 PST 2006
Assuming that the Colbertian race-blindness theory wins the day and
even the anemic version of affirmative action in the Michigan case
falls (can take race into account), can private entities use race-
conscious affirmative action in employment? If one interprets Title
VII that way, and Congress were to pass an amendment to Title VII
that excepted affirmative action in favor of those groups
historically or economically or statistically disadvantaged, would
that be unconstitutional?
Can a state school administer privately-funded scholarships for
African Americans? Can the state school accept students who are
funded by privately administered scholarships for African Americans?
Is the United Negro College Fund illegal?
Where is the constitutional line for statutes that would reach such
Rick, are you or is any other white person injured by the United
Negro College Fund? Isn't the psychological effect the same whether
it is a state school or a private school or a private funding of
students for a school?
A mind IS a terrible thing to waste.
Prof. Steven D. Jamar vox: 202-806-8017
Howard University School of Law fax: 202-806-8567
2900 Van Ness Street NW mailto:stevenjamar at gmail.com
Washington, DC 20008 http://iipsj.com/SDJ/
"If we are to receive full service from government, the universities
must give us trained [people]. That means a constant reorientation
of university instruction and research not for the mere purpose of
increasing technical proficiency but for the purpose of keeping
abreast with social and economic change. . . . Government is no
better than its [people]."
William O. Douglas
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