Supplement to Minority and Disadvantaged Business Enterprise Requirements in Public Contracting

State highway departments and transportation agencies have a continuing need to keep abreast of operating practices and legal elements of specific problems in highway law. This report supplements and updates a paper in Volume 3, Selected Studies in Highway Law, entitled Minority and Disadvantaged Business Enterprise Requirements in Public Contracting, pp. 1582-N1 to 1582-N62, which was prepared by O.F. Finch. The contents of this Digest update and supplement the information presented in the original paper on the following topics: Split Splintered and Struggling Supreme Court; The Wygant Case; The Croson Case; The FCC Cases; Supreme Court Cases Between Wygant and Croson; The Supreme Court Score Card; Missed Opportunities; Fullilove Applied by the Lower Courts; The Inconsistent Ninth Circuit; Preliminary Injunctions (new material); Effect of Affirmative Action on Competitive Bidding; Resolving AAP Issues by Summary Judgment; Supplemental AAP Information After Bid Opening; Regional Business and Employment Goals; Certifications: Fronts, Frauds, Fakes and Appeals; Conclusion; and Appendix.