Reproduced with permission of the authorBIBLIOGRAPHY
Citations to Indra Sawhney and others v. Union of India and others (India 1992) ("The Mandal Commission Case") are to paragraph number, separately numbered for each judicial opinion consistently in various editions, and to page number in the P.M. Bakshi edition (Orient Law House: New Delhi 1993). Unless otherwise specified, citation is to the majority opinion by Jeevan Reddy.
Abram, Morris B. 1986. "Affirmative Action: Fair Shakers and Social Engineers," 99 Harvard Law Review 1312.
Aleinikoff, T. Alexander. 1992. "Re-Reading Justice Harlan's Dissent in Plessy v Ferguson" Freedom, Antiracism, and Citizenship," 1992 University of Illinois Law Review 961-77.
1997a. "In Shift, U.S. Tells Texas to Obey in Court in Barring Bias in College Admission," New York Times A9, April 15, 1997.
1997b. "Seeking New Approaches for Diversity," New York Times A19, April 23, 1997.
Armour, John W. 1987. "Compensatory Discrimination: The Indian Constitution and Judicial Review," 16 Melbourne University Law Review 126.
1993. "Workings of a City: Location, Education, and Production," Quarterly Journal of Economics, August 1993.
1994. "Human Capital, inequality, and growth: A local perspective," 817 European Economic Review 1994.
Forthcoming. "Equity and Efficiency in Human Capital Investment: The Local Connection," Review of Economic Studies, forthcoming.
Forthcoming. "Heterogeneity, Stratification, and Growth: Macroeconomic Implications of Community Structure and School Finance," American Economic Review, forthcoming.
Blaustein, Albert P. 1987. "Our Most Important Export: The Influence of the United States Constitution Abroad," 3 Connecticut Journal of International Law 15.
Brewer, Marilynn B. & Roderick M. Kramer. 1985. "The Psychology of Intergroup Attitudes and Behavior," 36 Annual Review of Psychology 219-43.
Burdman, Pamela. 1997. "The Long Goodbye: The University of California Bids Farewell to Affirmative Action," Lingua Franca (June\July 1997) 28-39.
Burstein, Paul, ed. 1994. Equal Employment Opportunity: Labor Market Discrimination and Public Policy. New York: Aldine De Gruyter.
Chandola, M. Varn. 1992. "Affirmative Action in India and the United States: the Untouchable and Black Experience," Ind. Int'l & Comp. L. Rev. 101-133.
Charles, Robert B. "American Influence on the Indian Constitution: Focus on Equal Protection of the Laws," 17 Columbia Human Rights Law Review 193.
Chin, Gabriel et al. 1997. "Beyond Self-Interest: Asian Pacific Americans Toward a Community of Justice: A Policy Analysis of Affirmative Action," (To be published by the UCLA Asian Pacific American Law Journal).
Clancy, Sandra J. 1997. "Reconceiving Affirmative Action: American Failures and Canadian Challenges" (paper prepared for presentation at 1997 Annual Meeting of the Law and Society Association).
Coate, Stephen and Glenn Loury.
1993a. "Anti-Discrimination Enforcement and the Problem of Patronization," 83 American Economic Review 92-98.
1993b. "Will Affirmative-Action Eliminate Negative Stereotypes," 83 American Economic Review 1220-40.
Collier, Charles W. 1995. "The New Logic of Affirmative Action," 45 Duke L.J. 559-578.
Crenshaw, Kimberle Williams. 1988. "Race, Reform, and Retrenchment: Transformation and Legitimation in Antidiscrimination Law," 101 Harvard Law Review 1331-1387.
Culp, Jerome McCristal, Jr. 1991. "Posner on Duncan Kennedy and Racial Difference: White Authority in the Legal Academy," 41 Duke L.J. 1095-1114.
Cunningham, Clark D. 1991. "Why American Lawyers Should Go to India: Retracing Galanter's Intellectual Odyssey," 16 Law & Social Inquiry 777-808.
Daye, Charles E. 1993. "On Blackberry Picking, Generations of Affirmative Action, and Less Dangerous Enterprises: an Open Letter to Stephen Carter," 45 Stanford Law Review 485-497.
Dominguez, Virginia R. 1986. White by Definition: Social Classification in Creole Louisiana. (Rutgers University Press: New Brunswick, New Jersey).
Donohue, John J. III. 1996. "Is Title VII Efficient?" pp. 137-145 (from Burstein, 1994).
Errabi, B. 1981. "Protective Discrimination : Constitutional Prescriptions and Judicial Perceptions," 11 Delhi L. Rev 66.
Farber, Daniel A. 1994. "The Outmoded Debate Over Affirmative Action," 82 California Law Review 893934.
Farber, Daniel A. and Suzanna Sherry. 1995. "Is the Radical Critique of Merit Anti-Semitic?" 83 California Law Review 853-885.
Finkelman, Paul. 1993. Book Review of The Color-Blind Constitution, Andrew Kull. 87 Nw. U. L. Rev. 937-991.
Flagg, Barbara J. 1993. "'Was Blind, but Now I See': White Race Consciousness and the Requirement of Discriminatory Intent," 91 Michigan Law Review 953-1017.
1984. Competing Equalities: Law and the Backward Classes in India (University of California Press: Berkeley).
1989. Law and Society in Modern India (Rajeev Dhavan, ed.) (Oxford University Press: Delhi).
1992. "The Structure and Operation of an Affirmative Action Programme: An Outline of Choices and Problems" (Centre for Development Studies, University of the Western Cape)(paper prepared for presentation at Affirmative Action in New South Africa, a conference convened by the Constitutional Committee of the African National Congress in October 1991).
Haney Lopez, Ian F.
1994. "The Social Construction of Race: Some Observations on Illusion, Fabrication, and Choice," 29 Harv. Civil Rights-Civil Liberties L. Rev. 1.
1996. White by Law: The Legal Construction of Race (New York University Press: New York)
Harris, Cheryl J. 1993. "Whiteness as Property," 106 Harvard Law Review 1709-1791.
Issacharoff, Samuel. 1995. "The Constitutional Contours of Race and Politics," 1995 The Supreme Court Review 45-69.
Jencks, Christopher. 1992. "Affirmative Action or Quotas?" Rethinking Social Policy. pp.24-69.
Johnson, Alex M., Jr. 1996. "Destabilizing Racial Classifications Based on Insights Gleaned from Trademark Law," 84 California Law Review 887-952.
Kahlenberg, Richard D. 1996. "Class-Based Affirmative Action," 84 California Law Review 1037-1099.
Karlan, Pamela S. and George Rutherglen. 1996. "Disabilities, Discrimination, and Reasonable Accommodation," 46 Duke Law Journal 1-72.
Katz, Alan M. 1977. "Benign Preferences: An Indian Decision & the Bakke Case," 25 The American Journal of Comparative Law 611.
Katz, Martin J. 1991. "The Economics of Discrimination: The Three Fallacies of Croson," 100 Yale Law Journal 1033-1052.
Kennedy, Duncan. 1990. "A Cultural Pluralist Case for Affirmative Action in Legal Academia," 1990 Duke Law Journal 705-757.
Kennedy, Randall L.
19**. "Competing Conceptions of 'Racial Discrimination': A Response to Cooper and Graglia," 14 Harvard Journal of Law & Public Policy 93-101.
1989, "Racial Critiques of Legal Academia," 102 Harvard Law Review 1745-1819.
Krieger, Linda Hamilton.
1995. "The Content of Our Categories: A Cognitive Bias Approach to Discrimination and Equal Employment Opportunity," 47 Stanford Law Review 1161-1248.
1997. "Civil Rights Perestroika: Intergroup Relations after Affirmative Action" (paper prepared for presentation at 1997 Annual Meeting of the Law and Society Association).
Lawrence, Charles R. III. 1995. "Forward Ace, Multiculturalism, and the Jurisprudence of Transformation," 47 Stan. L. Rev. 819-847.
Lester, Anthony QC. 1988. "The Overseas Trade in the American Bill of Rights," 88 Columbia Law Review 537.
Lipson, Daniel. 1997. "Uncovering a New Breed of Affirmative Action: Implications of the Esoteric Move 'Beyond' Identity Politics in Admissions Policies at the University of California" (paper prepared for presentation at 1997 Annual Meeting of the Law and Society Association).
Lofgren, Charles A. 1987. The Plessy Case: A Legal-Historical Interpretation (Oxford University Press: New York).
Loury, Glenn C.
1990. Affirmative Action: Is It Just? Does It Work?" The Constitutional Bases of Political and Social Change in the United States, Shlomo Slonim, ed. Praeger. pp. 109-139.
1992. "The Incentive Effects of Affirmative Action," Annals of the American Association of Political and Social Science, No. 523. pp. 19-29.
1995. "Economic Discrimination: Getting to the Core of the Problem," One by One from the Inside Out: Essays and Reviews on Race and Responsibility in America. New York: Free Press. pp. 93-132.
1997. "How to Mend Affirmative Action," The Public Interest No. 127. pp. 33-43.
Lundberg, Shelly J. and Richard Startz. 1996. "Inequality and Race: Models and Policy," Discussion Series #96-04 of the Institute for Economic Research at the University of Washington Discussion Paper Series (forthcoming in Meritocracy and Inequality, Bowles and Durlauf, eds.).
Malamud, Deborah C. 1996. "Class-Based Affirmative Action: Lessons and Caveats," 74 Texas Law Review 1847-1900.
Merrill, Thomas W. 1996. "The Models of Affirmative Action Beneficiaries," 19 Harvard Journal of Law & Public Policy 779-784.
Muratsuchi, Albert Y. 1996. "Race, Class, and UCLA School of Law Admissions, 1967-1994," 16 Chicano-Latino Law Review 90-140.
Olivas, Michael A. 1992. "Legal Norms in Law School Admissions: An Essay on Parallel Universes," 42 Journal of Legal Education. 103-107.
Oppenheimer, David Benjamin. 1996. "Understanding Affirmative Action,"23 Hastings Constitutional Law Quarterly 921-997.
Parikh, Sunita. 1997. The Politics of Preference: Democratic Institutions and Affirmative Action in the United States and India (University of Michigan Press: Ann Arbor).
Posner, Richard A.
1974. "The DeFunis Case and the Constitutionality of Preferential Treatment of Racial Minorities," 1974 Sup.Ct.Rev. 1.
Prescott, Emily. 1993. "The General Aptitude Test Battery and the Debate Over Race Norming, Racial Preferences, and Affirmative Action," 20 Hastings Constitutional Law Quarterly 877.
Prior, E.J. 1996. "Constitutional Fairness or Fraud on Constitution? Compensatory Discrimination in India," 28 Case Western Reserve Journal of International Law 63-69.
Radhakrishnan, P. 1996. "Backward Class Movements in Tamil Nadu," from Srinivas 1996.
Ramirez, Deborah. 1995. "Multicultural Empowerment: It's Not Just Black and White Anymore," 47 Stanford Law Review 957-992
Rutherglen, George. 1992. "After Affirmative Action: Conditions and Consequences of Ending Preferences in Employment," 1992 University of Illinois Law Review 339-366.
Scalia, Antonin. 1979. "The Disease as Cure: 'In Order to Get Beyond Racism, We Must First Take Account of Race.'," 1979 Washington University Law Quarterly 147-157.
Scanlan, Laura C. 1996. "Hopwood v. Texas: A Backward Look at Affirmative Action in Education," 71 New York University Law Review 1580-1633.
Selmi, Michael. 1995. "Testing for Equality: Merit, Efficiency, and the Affirmative Action Debate," 42 UCLA Law Review 1251-1314.
Shah, A.M. 1992. "The Judicial and Sociological View of Other Backward Classes," from Srinivas 1996.
Sivaramayya, B. 1996. "The Mandal Judgement," from Srinivas 1996.
Smith, James P. and Finis R. Welch. 1989. "Black Economic Progress after Myrdal," Burstein, 1994. (Reprinted from 27 Journal of Economic Literature 519-524).
Sorabjee, Soli J. 1990. Equality in the United States and India (publisher).
Sowell, Thomas. 1990. Preferential Policies: An International Perspective (William Morrow and Company, Inc.: New York).
1990. "The Mandal Formula. Backwardness: Castes vs. Individuals," Times of India (Sept. 17, 1990)
1996 Caste: Its Twentieth Century Avatar (ed.) (Viking Press (Penguin Books India: New Delhi)
1997a "The Pangs of Change," Frontline 67-69 (August 22, 1997).
1997b "Caste: A Systemic Change?", Golden Jubillee Symposium (SUNY Stony Brook) (forthcoming).
Stanton, Gregory H. 1981. "Three Concepts of Equality: Compensatory Discrimination in Indian and American Constitutional Law," 27 I.J.P.A. 1.
Steele, Claude M.
1992. "Race and the Schooling of Black Americans," Atlantic Monthly, April 1992, 68-78.
1997. "A Threat in the Air: How Stereotypes Shape Intellectual Identity and Performance." 52 American Psychologist 613-629.
Steele, Claude M. & Aronson, Joshua.
1995a. "Stereotype Threat and the Intellectual Test Performance of African Americans," Journal of Personality and Social Psychology, Vol. 69, No. 5, 797-811.
1995b. "Stereotype Vulnerability and African-American Intellectual Performance," from Aronson, ed. Readings about the Social Animal. Seventh Edition. W.H. Freeman and Company: New York.
Steele, Claude M. and Stephen G. Green. 1976. "Affirmative Action and Academic Hiring: A Case Study of a Value Conflict," 157 Journal of Higher Education 413.
Strasser, Mark. 1994. "The Invidiousness of Invidiousness: On the Supreme Court's Affirmative Action Jurisprudence," 21 Hastings Constitutional Law Quarterly 323-403.
Strauss, David A. 1995. "Affirmative Action and the Public Interest," 1995 Supreme Court Review 1-40.
Strossen, Nadine. 1992. "Blaming the Victim: A Critique of Attacks on Affirmative Action," 77 Cornell Law Review 974-979.
Sturm, Susan and Lani Guinier. 1996. "The Future of Affirmative Action: Reclaiming the Innovative Ideal," 84 California Law Review 953-1036.
Sunstein, Cass R. 1994. "The Anti-Caste Principle,"92 Michigan Law Review 2410-55.
Taylor, Kimberly Paap. 1993. "Affirmative Action for the Poor: A Proposal for Affirmative Action in Higher Education Based on Economics, Not Race," 20 Hastings Constitutional Law Quarterly 805-823.
Wightman, Linda F. 1997. "The Threat to Diversity in Legal Education: An Empirical Analysis of the Consequences of Abandoning Race as a Factor in Law School Admission Decisions," 72 New York University Law Review 1-53.
Williams, Robert A. 1997. "Vampires Anonymous and Critical Race Practice," 95 Mich. L. Rev. 741-765.
Witten, Samuel M. 1983. "'Compensatory Discrimination' in India: Affirmative Action as a Means of Combatting Class Inequality," 21 Columbia Journal of Transnational Law 353.