Article

The Case for Minority Participation in Reverse Discrimination Litigation

Author / Creator
Chen, Edward
Part of
California law review, 1979, Vol.67 (1), p.191-229
DOI
10.2307/3480094
Summary
  • The prizes in the reverse discrimination suits are the allocations of many educational, employment, and economic opportunities. Beneath the issues is the unresolved tension between the ideals of substantive justice and formal equality. The Bakke reverse discrimination case is based on a poorly developed set of facts and legal issues. The participation of beneficiaries of the programs and policies challenged in reverse discrimination suits at all levels of litigation is a possible remedy to the problem. An examination of intervention as a right under Federal Rule of Court Procedure 24(a) as the most viable procedural tool for assuring beneficiary participation sheds some light on the problem. The 3 justifications for permitting minority beneficiaries of affirmative action programs to take part in reverse discrimination litigation include: 1. a jurisprudential policy of protecting the integrity and efficacy of the adjudicatory process by guaranteeing full treatment of all relevant facts and issues, 2. a need to provide fairness and due process to beneficiaries by adequate representation, and 3. the notion that minority participation in reverse discrimination suits is doctrinally consistent with theories of interest representation.

Date
1979-01-01
Publication
California law review
Volume
67
Issue
1
Pages
191-229
Peer-reviewed
Yes (Scholarly)
Language
English
Publisher
School of Law, University of California, Berkeley
ISSN
0008-1221
EISSN
1942-6542
DOI
10.2307/3480094
CODEN
CLARDJ

  • HeinOnline Law Journal Library
  • Business Source Complete
  • Periodicals Index Online
  • Academic Search Premier
  • JSTOR Arts & Sciences IV
  • JSTOR Archive Complimentary Collection

Subjects

  • Affirmative action
  • Beneficiaries
  • Comments
  • Defendants
  • Discrimination
  • Employment discrimination
  • Lawsuits
  • Litigation
  • Medical schools
  • Minority & ethnic groups
  • Minority interest
  • Participation
  • Plaintiffs
  • Racial discrimination
  • Reverse discrimination
  • Statutory law
  • Supreme Court decisions