Business Foundations Embodied in the Essay

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N.D.). In the case of Adarand their submission bid was the lowest however, under the 1987 Surface Transportation and Uniform Relocation Assistance Act "not less than 10% of the appropriated funds shall be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals" (Reed, O. & et all. 2008). The firm Gonzales Construction Company which had also submitted a competing yet higher bid was chosen over Adarand because "Gonzales is certified as a small business controlled by socially and economically disadvantaged individuals" (Reed, O. & et all. 2008). Adarand was not certified as such and as a result their bid while lowest was not awarded.

What is the conflict between the opinions in Croson and Metro Broadcasting?

The Croson and Metro cases examine the treatment of race- based preferences at the state and local level and at the federal level.

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Under Croson, the Court held that while "a city's determination that 30% of its contracting work should go to minority owned businesses" (Reed, O. & et all. 2008) was in their legislative domain to "eradicate the effects of private discrimination within its own jurisdiction" (Reed, O. & et all. 2008).; the constitutionality of such programs must meet "a single standard of strict scrutiny for racial classification" (Reed, O. & et all. 2008). The city's actions then did not pass the strict scrutiny test as "the program is not narrowly tailored to remedy the effects of prior discrimination" (Reed, O. & et all. 2008).

With a strict scrutiny test as mandatory for all state and local government race- based preferences, the question still remained how a federal racial preference standard would be interpreted. The assumption would be that "it would be.....

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