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Harvard Civil Rights - Civil…2
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Gertner, Nancy1
Sedler, Robert A.1
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Bakke on Affirmative Action for Women: Pedestal or Cage?
Peer reviewed Peer reviewed
Gertner, Nancy – Harvard Civil Rights - Civil Liberties Law Review, 1979
Justice Powell's conceptualization of sex discrimination in the Bakke case is analyzed. Implications of this analysis for affirmative action for women are considered, and the court's approach to affirmative action for minorities is rejected as applying to women's rights. An alternative approach to affirmative action for women is outlined.…
Descriptors: Affirmative Action, Civil Rights, Constitutional Law, Court Litigation
Beyond Bakke: The Constitution and Redressing the Social History of Racism.
Peer reviewed Peer reviewed
Sedler, Robert A. – Harvard Civil Rights - Civil Liberties Law Review, 1979
The relationship between the history of racism and the denial of equal participation for Blacks today is discussed. The implications of the Bakke decision for the constitutionality of race-conscious admissions criteria are examined. It is shown that the government is constitutionally both permitted and required to take affirmative action. (MC)
Descriptors: Admission Criteria, Affirmative Action, Blacks, Constitutional Law