header image
Home Page
Hear Past Shows
About Us
September 26, 2017

Note: Justice Talking's grant funding expired in 2008 and the project has been closed. This website is an archive of the entire run of Justice Talking shows through June 30, 2008.
It is no longer being maintained. We apologize for any stale or broken links.
Featured Program

The Business of Race: Affirmative Action in Government Contracting
Last Featured: 10/12/2001

Listen to Full Program
(Windows Media Player Required)

Download the MP3
(Right-click and choose 'Save As...'
from the pop-up menu.)

Note: Justice Talking ceased production on June 30 of 2008. Link information on this site is not maintained and is provided for historical interest only. Although correct when posted, The Annenberg Public Policy Center makes no claim as the the accuracy or continued availability of any third party web links found on this site.
Overview

A Colorado-based construction firm, Adarand Constructors Adarand Contractors Inc., has spent ten years in court arguing that programs aiding minority- and women-owned businesses in government contracting encourages reverse discrimination and should be held unconstitutional. The Supreme Court’s first round decision in 1995 agreed with the contractors. With the case back before the high court, proponents of affirmative action say that changes have been made in the law and that set-aside programs are necessary to level the playing field for all businesses to compete fairly. Opponents say it’s not about fairness but discrimination and it’s time these programs ended.


Guests
Theodore Shaw is the Associate Director Counsel of the NAACP Legal Defense and Education Fund. He has litigated civil rights cases throughout the country at the trial and appellate levels and in the US Supreme Court. Shaw is a former trial attorney in the Civil Rights Division of the US Department of Justice.

William Perry Pendley won the landmark case of Adarand versus Pena and will be arguing Adarand verses Minetta at the Supreme Court this fall. He is the President and Chief Legal Officer of the Mountain States Legal Foundation based in Denver. Pendley is the author of ‘It Takes a Hero, the Grassroots Battle Against Environmental Oppression.’

Closing Quote
"It has been the struggle between privileged men who have managed to get hold of the levers of power and the people, in general, with their vague and changing aspirations for equality which has kept that balance of forces we call our system of government in equilibrium."

— Novelist John Dos Passos

©1999-2017 University of Pennsylvania. All rights reserved. Any Justice Talking program downloaded or podcast from this site is for personal use only. Any Justice Talking program, or portion of it, may not reproduced, publicly distributed or displayed, used to create a derivative work, or otherwise copied or transmitted to a third party, in any format now known or hereafter discovered, except as expressly permitted by Law.

To request permission to use Justice Talking audio, please contact support.
Join the Debate
NOTE: Justice Talking Blogs and Forums have been closed.
Special Announcements
Justice Talking’s last broadcast & podcast was June 30, 2008.

ATTENTION TEACHERS: Additional materials supporting use of this program in the classroom are available: ClickHere
The Minority Business Enterprise Legal Defense and Education Fund, Inc.
National Association of Minority Contractors
Center for Individual Rights
The American Civil Rights Institute
ACLU Position Paper on Affirmative Action
SpeakOut.com on Affirmative Action in Contracting
Holding Their Own, By Ron Stodghill; Time; September 14, 1998
Do Minority-Owned Businesses Get A Fair Share of Government Contracts? by María E. Enchautegui, Michael Fix, Pamela Loprest, Sarah C. von der Lippe, Douglas Wissoker, December, 1997
10 Myths About Affirmative Action
Affirmative Action & Diversity Project
President Clinton's Report on Affirmative Action
Civil Rights Project
Not All Black and White: Affirmative Action and American Values
by Christopher, Jr. Edley
The Affirmative Action Fraud: Can we restore the American Civil Rights vision?
by Clint Bolick
The US Economy
Fixing the Mortgage Mess
Can We End Homelessness in 10 Years?