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Race Preference Programs and the United States Supreme Court's Strict Scrutiny Standard of Review
| Author: | Mongkuo, Maurice Y. | |
| Year: | 2005 | |
| Pages: | 480 | |
| ISBN: | 0-7734-5944-8 978-0-7734-5944-1 | |
| Price: | $279.95 | |
This study offers a legally and methodologically acceptable approach that governments can use to generate factual predicate for establishing compelling state interest in adopting race preference programs in government contracting under the United States Supreme Court’s strict scrutiny standard of review. Race preference programs are critical for increasing opportunities among minority firms to do business with government. These programs have come under judicial attack in recent years at both the state and federal government levels because they do not serve a “compelling state interest” to correct discrimination in the government contracting process. The courts rejected these programs as premised on evidence that do not offer a legally and methodologically acceptable probative explanation of the extent to which discrimination influence contract award to minority firms under the United States Supreme Court’s strict scrutiny standard. Using the City of St. Petersburg as the research setting, this study combines quantitative and qualitative approaches to determine probative explanation of the extent to which discrimination influence contract awards to minority-owned firms within the framework of the Supreme Court strict scrutiny standard. These approaches can be relied upon by any government entity to ascertain if race preference and/or race neutral remedial policies are warranted.
Reviews
“Dr. Maurice Mongkuo provides an analysis of the outcomes of policies instituted in St. Petersburg to promote equity in the award of contracts to women and minority-owned (W/M) businesses. … The legacy of non-market and prior market discrimination is alive and well in St. Petersburg and may well be affecting contracting and other economic outcomes in ways that are difficult to identify via disparity studies. This means that community leaders must become more sophisticated in designing strategies to confront both the continuing effects of past discrimination and the new forms of racism, sometimes described as “subtle-racism,” that are extremely difficult to document. Developing such sophistication requires familiarity with the technical details associated with struggles around race preferences and affirmative action in the courts and administrative agencies, including disparity studies. The need for a focused community mobilization effort takes on a special urgency in Florida communities such as St. Petersburg, because affirmative action opponent, Ward Connerly, announced in 1999 that Florida was his next battleground. Conservative forces will undoubtedly be escalating their assaults on race preferences in the wake of the decisions by the decisions by the U.S. Supreme Court in the University of Michigan admissions cases, (Gratz V. Bollinger and Grutter v. Bollinger, decided by the U.S. Supreme Court in June 2003). It is especially important to keep in mind that the principal author of those opinions, Justice Sandra Day O’Connor, effectively announced a 25 year sunset provision on affirmative action programs that involve race preferences. This means that there is much hard work to be done over the next quarter of a century to dramatically reduce racial economic disparities, including those in contract awards. Mongkuo’s important study serves as a stark reminder of just how difficult this work will be. – (from the Foreword) James B. Stewart, Professor of Labor Studies and Industrial Relations, African and African American Studies, and Management and Organization, Penn State University
“Dr. Maurice Mongkuo has advanced a methodology for conducting studies which will help governments and other entities conduct research which will allow for the development of policies which establish “compelling interest” for generating race preference programs. Indeed, it is this methodological approach which provides the most compelling case for this work. Because of the aforementioned, this book is a must for anyone interested in developing contracting programs which have a race preference focus. The book is also invaluable as required reading in courses which have diversity management, public policy, fiscal management and/or program development content.” – Curtina Moreland-Young, Ph.D., Chair, Department of Public Policy and Administration, Jackson State University
“Dr. Maurice Mongkuo’s research is timely, cutting edge and it will make an important contribution to several disciplines…Dr.. Mongkuo’s research on St. Petersburg will also have an important impact on the future studies involving urban politics, urban development and urban public administration. Furthermore, the significance of Dr. Mongkuo’s research to the subfields of urban development, urban politics, and urban public administration is that his research builds upon previous research that has already been conducted in these areas. Dr. Mongkuo’s research will enhance the aforementioned subfields by providing a rich explanatory analysis as to how and why the African American community has not been successful in sustaining and generating employment opportunities in the private sector for African Americans in communities such as St. Petersburg.…Dr. Mongkuo’s research could conceivably provide the first compelling policy argument that could spark a serious debate and perhaps eventually lead to the overhauling of the Rehnquist doctrine in the area of predicate studies.” – Lewis A. Randolph, Associate Professor, Department of Political Science/Public Administration Program, Ohio University
“Dr. Maurice Mongkuo has advanced a methodology for conducting studies which will help governments and other entities conduct research which will allow for the development of policies which establish “compelling interest” for generating race preference programs. Indeed, it is this methodological approach which provides the most compelling case for this work. Because of the aforementioned, this book is a must for anyone interested in developing contracting programs which have a race preference focus. The book is also invaluable as required reading in courses which have diversity management, public policy, fiscal management and/or program development content.” – Curtina Moreland-Young, Ph.D., Chair, Department of Public Policy and Administration, Jackson State University
“Dr. Maurice Mongkuo’s research is timely, cutting edge and it will make an important contribution to several disciplines…Dr.. Mongkuo’s research on St. Petersburg will also have an important impact on the future studies involving urban politics, urban development and urban public administration. Furthermore, the significance of Dr. Mongkuo’s research to the subfields of urban development, urban politics, and urban public administration is that his research builds upon previous research that has already been conducted in these areas. Dr. Mongkuo’s research will enhance the aforementioned subfields by providing a rich explanatory analysis as to how and why the African American community has not been successful in sustaining and generating employment opportunities in the private sector for African Americans in communities such as St. Petersburg.…Dr. Mongkuo’s research could conceivably provide the first compelling policy argument that could spark a serious debate and perhaps eventually lead to the overhauling of the Rehnquist doctrine in the area of predicate studies.” – Lewis A. Randolph, Associate Professor, Department of Political Science/Public Administration Program, Ohio University
Table of Contents
Foreword
Acknowledgements
Introduction
1. Legal Status of Race Preference Programs
2. Research Methodology
3. Legal Implications of Race Preference Programs
4. City of St. Petersburg Contracting Law and Procedure
5. City of St. Petersburg Race Preference Policy and Program
6. City of St. Petersburg Anti Discrimination and Public Contracting Laws
7. Quantitative Analysis Findings
8. Qualitative Analysis Findings
9. Study Conclusions and Recommendations
Bibliography
Index
Acknowledgements
Introduction
1. Legal Status of Race Preference Programs
2. Research Methodology
3. Legal Implications of Race Preference Programs
4. City of St. Petersburg Contracting Law and Procedure
5. City of St. Petersburg Race Preference Policy and Program
6. City of St. Petersburg Anti Discrimination and Public Contracting Laws
7. Quantitative Analysis Findings
8. Qualitative Analysis Findings
9. Study Conclusions and Recommendations
Bibliography
Index