Federal Preferential Set-Asides after Adarand: The End of an Era?

Robert K. Robinson
Geralyn McClure Franklin
Delaney J. Kirk

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DOI: 10.2190/5X9B-2HP4-J01E-0NAY

Abstract

This article examines the impact the Adarand decision will have on federally-mandated preferential treatment in the awarding of government contracts. Particular attention is given to the standards such programs must now meet to avoid violation of implied equal protection under the Fifth Amendment. Finally, preferential programs not affected by this ruling are also discussed.

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