The Journal of Public and International Affairs
Published since 1886 by the Academy of Political Science
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pp. 411-436
Judicial Uses of Subterfuge: Affirmative Action Reconsidered
DANIEL SABBAGH contends that it is the visibility of affirmative action decisions
that triggers negative side effects as far as its underlying goal of deracializing American
society is concerned. He suggests that some of the most important developments in
the Supreme Court’s case law can be understood as reflecting a tendency to minimize
those negative side effects by dissimulating the policy’s most distinctive features.
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