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AFTER ADARAND: RE-PRIORITIZING RACE-CONSCIOUS PROGRAMS IN FEDERAL PROCUREMENT

Public contract law journal, 2024-01, Vol.53 (2), p.377-404 [Peer Reviewed Journal]

Copyright American Bar Association Winter 2024 ;ISSN: 0033-3441 ;EISSN: 2162-8181

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  • Title:
    AFTER ADARAND: RE-PRIORITIZING RACE-CONSCIOUS PROGRAMS IN FEDERAL PROCUREMENT
  • Author: Toledo, Katharine I
  • Subjects: Government contracts ; Government purchasing ; Minority & ethnic groups ; Minority set aside programs ; Multiculturalism & pluralism
  • Is Part Of: Public contract law journal, 2024-01, Vol.53 (2), p.377-404
  • Description: [...]this Note presents three novel constitutional arguments positing that race-conscious procurement programs may yet be constitutional under the Equal Protection Clause and provides substantive recommendations as to how such programs could be utilized constitutionally. [...]this Note summarizes the Court's most recent guidance as to the constitutionality of programs that consider race under the Fourteenth Amendment in Students for Fair Admissions v. President and Fellows of Harvard College6 (S.F.FA.) and explains how carefully crafted programs may still pass strict scrutiny based on the Court's analysis in S.F.FA. [...]this Note seeks to leverage the data collected by the Small Business Administration (SBA) that demonstrates that, nearly thirty years after Adarand, racial minority-owned small businesses continue to receive few government dollars.7 This data will accomplish two things. [...]it provides statistical evidence that race-blind policies have failed to ensure racial and ethnic diversity in procurement and offers a jumping-off point for development of new race-conscious programs to bridge this gap while simultaneously providing evidence that would help such programs pass strict scrutiny.
  • Publisher: Chicago: American Bar Association
  • Language: English
  • Identifier: ISSN: 0033-3441
    EISSN: 2162-8181
  • Source: ProQuest Central
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