ADARAND CONSTRUCTORS
v MINETA
Appeal from Adarand Constructors v Slater, 228 F.3d 1147 (10th
Cir. 2000)
Supreme Court Docket No. 00-730
Petition for Certiorari Granted March 26, 2001
Argued Wednesday, October 31, 2001
Certiorari Dismissed as Improvidently Granted on November 27, 2001 (122 Supreme
Court Reporter 511).
BRIEF AMICUS CURIAE OF SOCIAL SCIENCE AND COMPARATIVE LAW SCHOLARS IN SUPPORT OF NEITHER PARTY (Filed June 1, 2001)
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HTML Text Version on line
*Download in Wordperfect
*Download in PDF (Exact Copy)
INFORMATION ABOUT MEMBERS OF THE AMICUS GROUP
RECENT NEWSPAPER ARTICLES ABOUT
THE ADARAND CASE
Does India hold the key to affirmative action?, by Marcia
Coyle (The National Law Journal August 20, 2001) [describes amicus
brief filed by social science and comparative law scholars]
***SHOULD THE GOVERNMENT CONFESS ERROR IN ADARAND CONSTRUCTORS? Additional
Information
Ashcroft,
Olson Take Middle Ground in 'Adarand' Brief, by Tony Mauro (American
Lawyer Media August 13, 2001)
Revisiting
'Adarand': Solicitor general draws fire over affirmative action law, by
Tony Mauro (Legal Times August 13, 2001)
More
Fights Ahead on Affirmative Action, by Otis Bilodeau (Legal Times
August 20, 2001)
Like
a Pretzel: Conservatives cross fingers and twist beliefs defending Adarand,
by Roger Clegg (Legal Times August 20, 2001)
Bush Administration Supports An Affirmative Action Policy, by Neil A. Lewis
( New York Times August 11, 2001, p. A9 ) [not available on this web
site]
Supreme Court Debate Focuses on Procedural Issues in Affirmative Action Case,
by Linda Greenhouse ( New York Times November 1, 2001, p. A20 ) [not
available on this web site]
Cunningham, Loury & Skrentny: PASSING STRICT SCRUTINY: USING SOCIAL SCIENCE TO DESIGN AFFIRMATIVE ACTION PROGRAMS [90 GEORGETOWN LAW JOURNAL 835 (April 2002)] (Expands upon issues in Amicus brief and also addresses the University of Michigan affirmative action cases)
SELECTED MATERIALS CITED IN AMICUS BRIEF OF SOCIAL SCIENCE AND COMPARATIVE LAW SCHOLARS:
Economic Analysis of Racial Inequality
Glenn C. Loury,
W.E.B. DuBois Lectures at
Harvard University (April 25-27, 2000)
Psychological Research on Stereotype
Threat
Claude Steele,
Thin
Ice: Stereotype Threat and Black College Students, 284 Atlantic Monthly
44 (Aug. 1999)
History of Racial Presumptions
in Federal Contracting
George R. LaNoue & John C. Sullivan,
Presumptions for Preferences: The Small Business Administration's Decisions
on Groups Entitled to Affirmative Action,
6 Journal of Policy History 439 (1994)
Affirmative Action in India
**Clark D. Cunningham, Lessons on Affirmative
Action from India," 1 The Subcontinental: A Journal of South Asian
American Political Identity 51-56 (Summer 2003) (Special Issue on Affirmative
Action).
** Clark D. Cunningham, Affirmative Action:
Comparative Policies and Controversies," International Encyclopedia of
the Social and Behavioral Sciences (2002)
**Clark D. Cunningham,
Affirmative Action: India's Example,
4 Civil Rights Journal 22 (1999)
**Clark D. Cunningham & N.R. Madhava Menon,
Race, Class,Caste ...? Rethinking Affirmative Action, 97 Michigan Law
Review 1296 (1999)
**Cass R. Sunstein, Affirmative Action, Caste, and Cultural
Comparison, 97 Michigan Law Review 1311 (1999)
**Clark D. Cunningham & N. R. Madhava Menon,
Seeking Equality in Multicultural Societies
** Rethinking
Equality in the Global Society Conference (In 1997 Washington University
hosted a conference bringing together social scientists, legal scholars and
government officials from the U.S., India and South Africa to look at the issue
of affirmative action from new perspectives. This is a very extensive
web site containing transcripts of the conference and many of the papers presented
at the conference.)
The U.S. Department of Transportation
Program for Disadvantaged Business Enterprises
- Affidavit of Social and Economic Disadvantage (application
for DBE status)
--Proposed Reforms to
Affirmative Action in Federal Procurement, U.S. Department of Justice (Published
May 23, 1996 in 61 Federal Register 26041) (PDF format, 23 pages)
--Participation by Disadvantaged
Business Enterprises, Final Rule, U.S. Department of Transportation (Published
February 2, 1999 in 64 Federal Register 5095 with 32 pages of background and
explanatory material) (PDF format, 52 pages)
--Proposed Revisions
to DBE Regulations, U.S. Department of Transportation (Published May 8,
2001 in 66 Federal Register 23208) (PDF format, 19 pages)
--Report to Congressional
Committees on DBE Program, General Accounting Office (Report GAO-01-586
June 1, 2001) (PDF format, 85 pages)
--Department of Transportation Web
Site on the DBE Program
ADDITIONAL INFORMATION ABOUT THE ADARAND CASE
Supreme Court Order
Defining the Issues
Supreme Court Docket
in Adarand Case
Brief of Adarand Constructors (Petitioner), filed June 11, 2001
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Text Version on line
*Download in PDF
(Exact Copy)
Amicus Briefs filed in support
of Adarand Constructors on June 11, 2001: download in PDF (exact copy)
Associated General Contractors of America
Center for Individual Rights
The Claremont Institute: Center for Constitutional
Jurisprudence
Geod Corporation and the Atlantic Legal Foundation
L.S. Lee, Inc.
Pacific Legal Legal Foundation
Southeastern Legal Foundation
Brief of U.S. Government (Respondent),
filed August 10, 2001
*Download brief in PDF (Exact
Copy)
**Table of Contents to Appendix, Respondent's Brief
Brief of U.S. Government in Opposition to Petition for Certiorari, filed January
19, 2001
*Read Text
Version on line
*Download in
PDF (Exact Copy)
The Office of the Solicitor General,
U.S. Department of Justice, maintains a web
site on which are posted all briefs as they are filed in the U.S. Supreme
Court.
Amicus Briefs filed in support
of U.S. Government (Respondent), filed August 10, 2001: download in PDF (exact
copy)
Lawyers Committee for Civil Rights under Law, et al
City and County of Denver
NOW Legal Defense and Education Fund, et al
[international and comparative law are relevant: (1) the American common
law system embraces an empirical approach, and (2) in an era of globalization,
the Supreme Court will maintain its intellectual leadership by acknowledging
the international dimension of its decisions]
Senator Max Baucus, et al.
Women First National Legislative Committee., et
al.
Office of Communication of the United Church of Christ,
et al [HTML version]
National Asian Pacific American Legal Consortium, et al [not yet posted]
National League of Cities, et al.
Minority Business Enterprise Legal Defense, et al
NAACP Legal Defense Fund
Reply Brief of Adarand Constructors (Petitioner), filed September 10, 2001 [HTML text version]
The Mountain States Legal Foundation, counsel for Petitioner Adarand Constructors, has an extensive Adarand web site which includes all prior published court decisions in the case and other information.
Northwestern University's Medill School of Journalism, in conjunction with the Oyez Project, offers continually updated coverage of the cases pending before the United States Supreme Court on its Docket web site. This site contains a feature story about the Adarand case as well as a longer background article with a variety of useful web links.
The Minority Business Enterprise Legal Defense and Education Fund has an extensive web site on affirmative action.
For further information contact
Clark D. Cunningham
W. Lee Burge Professor of Law and Ethics
Georgia State University College of Law
P.O. Box 4037
Atlanta, GA 30302-4037
Phone: (404) 651-1242
Fax: (404) 651-2092
Email: cdcunningham@gsu.edu
Last updated
November 3, 2006