Publication Date

6-1989

Journal

Michigan Law Review

Abstract

The article critiques the Supreme Court's inconsistent approach to affirmative action, particularly its adoption of the strict scrutiny test in *City of Richmond v. J.A. Croson Co.*, which has led to confusion and conflict in equal protection jurisprudence. The author argues that the strict scrutiny test is an inadequate framework for addressing affirmative action cases, advocating instead for a substantive equality approach centered on the principle of equality of opportunity. This approach would better address the complexities of systemic discrimination and its multifaceted effects, as highlighted by Justice Marshall's ecological mode of interpretation in *Croson*. The article ultimately challenges the Court to move beyond process-based analysis and embrace a values-based framework to resolve affirmative action disputes effectively.

Volume

87

Issue

7

First Page

1729

Last Page

1794

Publisher

University of Michigan Law School

Disciplines

Civil Rights and Discrimination | Constitutional Law | Law

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