| Charles M. Lamb, Stephen C. Halpern - 1991 - 532 páginas
...that goal. Brennan wrote, "We hold that benign race-conscious measures mandated by Congress—even if those measures are not 'remedial' in the sense...compensate victims of past governmental or societal discrimination—are constitutionally permissible" (110 S.Ct. 3008-9). In dissent, Justice O'Connor... | |
| David J. Bodenhamer, James W. Ely (Jr.) - 1993 - 262 páginas
...scheduled for a revocation hearing. In a 5-4 decision, the Court upheld the policy. Even though it was not remedial in the sense of being designed to compensate...victims of past governmental or societal discrimination, Justice Brennan said the FCC policy was constitutionally permissible because it embodied a benign racial... | |
| United States. Congress. House. Committee on Small Business - 1995 - 134 páginas
...more government contracting with particular groups that do not compensate victims of past government or societal discrimination are constitutionally permissible...that they serve important governmental objectives and are substantially related to achieving those objectives. We believe the government's objective... | |
| the late Bernard Schwartz - 1996 - 417 páginas
...governmental benefits. In Metro Broadcasting, Inc. v. FCC, 497 US 547 (1990), the Rehnquist Court held that "benign raceconscious measures mandated by Congress...power of Congress and are substantially related to the achievement of those objectives." Id. at 564-65. The Court continued to refuse to subject such... | |
| David E. Marion - 1997 - 198 páginas
...room for Congress to award preferences, even if not justified by prior discrimination: We hold that benign race-conscious measures mandated by Congress...power of Congress and are substantially related to the achievement of those objectives.67 Brennan had no problem in finding that both parts of his test... | |
| Gabriel Jackson Chin - 1998 - 410 páginas
...focos on a methodological individualism.14 Finally, although the majority described its mcasores as "not 'remedial' in the sense of being designed to compensate victims of past governmental or socictal discrimination,"15 its rcasoning is clcarly framed as a corrective for historical conditions... | |
| Deirdre Fottrell, Bill Bowring - 1999 - 316 páginas
...distinguished from local initiatives stating 'even if those measures [ie federal racial classifications] arc not "remedial" in the sense of being designed to compensate...victims of past governmental or societal discrimination [they] are constitutionally permissible to the extent that they serve important governmental objectives... | |
| John E. Semonche - 2000 - 532 páginas
...industry." Moving away from the standard of strict scrutiny of racial distinctions, the majority held "that benign race-conscious measures mandated by Congress...that they serve important governmental objectives." The dissenters, in a consolidated opinion, insisted that "the Constitution provides that the Government... | |
| Samuel Leiter, William M. Leiter - 2002 - 344 páginas
...component of the Fifth Amendment.187 In his opinion for the majority, Justice Brennan wrote: We hold that benign race-conscious measures mandated by Congress...serve important governmental objectives within the powers of Congress [eg, the commerce, and general welfare powers] and are substantially related to... | |
| Roy L. Brooks - 2004 - 364 páginas
...favoring racial minorities. Speaking for the Court, Justice William J. Brennan Jr. wrote: "We hold that benign race-conscious measures mandated by Congress—...sense of being designed to compensate victims of past governmenral or socieral discrimination— are constitutionally permissible to the extent that they... | |
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