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    Judicial Strict Scrutiny and Administrative Compliance: The Case of Public Contracting Preferences

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    Links to Files
    https://works.bepress.com/george_lanoue/2/
    Permanent Link
    http://hdl.handle.net/11603/20361
    Collections
    • UMBC Faculty Collection
    • UMBC Political Science
    • UMBC School of Public Policy
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    Author/Creator
    La Noue, George R.
    Speake, Matthew
    Date
    2013-08-28
    Type of Work
    42 pages
    Text
    conference papers and proceedings
    Citation of Original Publication
    George R. La Noue and Matthew Speake. "Judicial Strict Scrutiny and Administrative Compliance: The Case of Public Contracting Preferences" ExpressO (2013) Available at: http://works.bepress.com/george_lanoue/2/
    Rights
    This item is likely protected under Title 17 of the U.S. Copyright Law. Unless on a Creative Commons license, for uses protected by Copyright Law, contact the copyright holder or the author.
    Subjects
    judicial compliance
    equal protection
    strict scrutiny
    public contracing
    Abstract
    Synopsis What circumstances determine compliance with or resistance to federal judicial rulings in the United States? Compliance may depend on court unanimity, executive branch concurrence, legislative enactment, and stakeholders’ support. Judicial interpretations of the 14th Amendment Equal Protection Clause and various civil rights statutes made discrimination against minority groups and women illegal. However, they have also functioned as a check against political coalitions that seek to use racial and gender preferences in distributing university admissions, public employment, and public contracting benefits in favor of those groups. In its City of Richmond v. Croson (1989) decision, the U.S. Supreme Court held that the standard for review of race-based procurement programs was the strict scrutiny test, requiring a government to have a compelling interest and to use the most narrowly tailored means to achieve its goals. Gender based classifications must pass the “exceedingly persuasive justification” test. When Croson was decided there were more than 230 state and local public preferential contracting programs scattered across the country. Since 1989, lower courts made decisions requiring changes in many federal, state and local preferential contracting programs. But what happened after the courts acted? Were the preferential programs permanently suspended or were they continued with only minor changes or were the court decisions simply defied? Using historical, legal, and political science tools, this paper examines the aftermath of judicial rulings for fifteen local, state and federal contracting programs and the factors determining individual outcomes. This analysis will be used to re-examine theories about judicial compliance in the area of public contracting.


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    Albin O. Kuhn Library & Gallery
    University of Maryland, Baltimore County
    1000 Hilltop Circle
    Baltimore, MD 21250
    www.umbc.edu/scholarworks

    Contact information:
    Email: scholarworks-group@umbc.edu
    Phone: 410-455-3021


    If you wish to submit a copyright complaint or withdrawal request, please email mdsoar-help@umd.edu.