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Narrow Tailoring

Ayres, Ian
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Faculty Scholarship Series
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Narrow_Tailoring.pdf
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Abstract
Since the Supreme Court announced in Adarand Constructors, Inc. v. Pena that federal affirmative action programs will be subject to "strict scrutiny," a debate has reemerged over what constitutes a compelling government interest for classifications that favor traditionally disadvantaged races. This Essay, however, does not address this interesting and vital issue. It instead focuses on the second prong of strict scrutiny analysis: the requirement that racial classifications "must be narrowly tailored" to further the compelling government interest at stake.
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http://hdl.handle.net/20.500.13051/726