The Supreme Court, Affirmative Action, and Public Management: Where Do We Stand Today?
本文回顾了最高法院关于平权行动的判决，界定了政府雇主在种族或性别方面采取自愿平权行动的合法边界，并指出1989年的三个争议性判决并未削弱此前确立的司法审查标准，但可能对公共雇主参与合法平权行动的意愿产生寒蝉效应。
The author reviews Supreme Court decisions on affirm ative action to identify the boundaries of permissible voluntary race- or gender-conscious affirmative action by government employers. He concludes that standards of judicial review established prior to 1989 for affirmative action in the public sector have not been eroded by three controversial decisions taken by the Court that year in City of Richmond v. J.A. Croson Company, Wards Cove Packing Com pany, Inc. v. Atonio, and Martin v. Wilks. However, the outcomes of these cases could nevertheless have a chilling effect on the willingness of some public employers to engage in permissible affirmative action.