Document Type


Publication Date



This Comment, like a traditional Comment regarding affirmative action, will provide analysis pertaining to the historical events that shaped modem affirmative action policies. However, this Comment will also examine the recent settlement of Taxman v. Board of Education, a most intriguing display of political maneuvering which remains shrouded in controversy." Taxman would have presented the upreme Court with an ideal lens through which to examine the constitutionality of affirmative action. However, as a result of industrious manipulation, the Court narrowly missed that opportunity. Because a live controversy no longer exists, this Comment will focus on the Supreme Court's lost chance to interpret the Constitution and articulate the appropriate legal principles raised in Taxman." Although a case of similar content will inevitably reach the Supreme Court, the Court's unavoidable and unfortunate silence regarding the issues in Taxman necessitates an additional term where civil rights legislation lacks a definitive mandate.'8 Taxman would likely have confirmed that Title VII and the Constitution are currently in conflict and hence, require resolution. Unfortunately, that inevitable conclusion, along with true equality, must wait.

Publication Title

Pepperdine Law Review



First Page




To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.