Limits of private affirmative action

Steven Jamar stevenjamar at
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  
private conduct?

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
Washington, DC  20008	                

"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

-------------- next part --------------
An HTML attachment was scrubbed...

More information about the Conlawprof mailing list