In Part I, I will discuss the history of pre-affirmative action programs. This involves an analysis of the original intent of the Fourteenth Amendment, its related remedial legislation, as well as several of the New Deal Acts prohibiting employment discrimination. Part II will analyze the advent of affirmative action, from its inception with the 1957 and 1960 Civil Rights Acts, and trace its development through Executive Orders 12250 and 12259, which constitute the last major expansion in affirmative action doctrine. Part III will examine the period between 1978 and 1991, where the Supreme Court's attempts to find a consistent interpretation of the Equal Protection Clause and the level of scrutiny applicable to affirmative action programs will be addressed. Part IV will examine Adarand, and the reasoning behind the decision. Finally, I will conclude with the direction courts should take in future cases involving affirmative action programs.
Brody, Carl E. Jr.
"A Historical Review of Affirmative Action and the Interpretation of Its Legislative Intent by the Supreme Court,"
Akron Law Review: Vol. 29
, Article 6.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol29/iss2/6