School Law Bulletin [serial] 20, 4 (Fall 1989)

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Simplification of bidding procedures, relaxation of bonding requirements, and training and financial aid for disadvantaged entrepre- neurs of all races would open the public contracting mar- ket to all those who have suffered the effects of past societal discrimination or neglect.-" Justice Scalia echoed her ideas in his opinion concurring in the judgment: A State can, of course, act "to undo the effects of past discrimination" in many permissible ways that do not in- volve classification by ra...ce. In the particular field of state contracting, for example, it may adopt a preference for small businesses, or even for new businesses — which would make it easier for those previously excluded by discrimi- nation to enter the field. Such programs may well have racially disproportionate impact, but they are not based on race.-' Race-neutral preference programs will need to be authorized by the legislature for North Carolina local governments to make use of them. The fact that a busi- ness is small, new, or disadvantaged is not a factor that 19.

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