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Does Affirmative Action Really Hurt Blacks and Latinos in U.S. Law Schools?

Does Affirmative Action Really Hurt Blacks and Latinos in U.S. Law Schools?
Author: William C. Kidder
Publisher:
Total Pages: 12
Release: 2005
Genre:
ISBN:

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In a "Stanford Law Review" article, University of California, Los Angeles (UCLA) law professor Richard Sander claimed to statistically prove that affirmative action at American law schools actually depressed the number of African Americans who become lawyers by "mismatching" them at schools where they were in over their heads academically. This policy brief demonstrates that Sander's prediction of a 7.9% net increase in black lawyers if affirmative action ended today is so unlikely that it is essentially impossible. In fact, based on the 2004 admissions data, an annual decline of 30% to 40% in African American attorneys is more likely if affirmative action ended. This policy brief also reviews the key methodological flaws in Sander's study of African Americans in legal education, and also situates Latinos in this analysis. The benefits Sander projects would result from ending affirmative action and shunting underrepresented students to lower-ranked schools are quite speculative. (Contains 1 figure, 1 table, and 41 endnotes.).


Affirmative Action and Minority Enrollments in Medical and Law Schools

Affirmative Action and Minority Enrollments in Medical and Law Schools
Author: Susan Welch
Publisher: University of Michigan Press
Total Pages: 202
Release: 2010-05-07
Genre: Political Science
ISBN: 0472022717

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Affirmative action is one of the central issues of American politics today, and admission to colleges and universities has been at the center of the debate. While this issue has been discussed for years, there is very little real data on the impact of affirmative action programs on admissions to institutions of higher learning. Susan Welch and John Gruhl in this groundbreaking study look at the impact on admissions of policies developed in the wake of the United States Supreme Court's landmark 1978 Bakke decision. In Bakke, the Court legitimized the use of race as one of several factors that could be considered in admissions decisions, while forbidding the use of quotas. Opponents of affirmative action claim that because of the Bakke decision thousands of less-qualified minorities have been granted admission in preference to more qualified white students; proponents claim that without the affirmative action policies articulated in Bakke, minorities would not have made the gains they have made in higher education. Based on a survey of admissions officers for law and medical schools and national enrollment data, the authors give us the first analysis of the real impact of the Bakke decision and affirmative action programs on enrollments in medical and law schools. Admission to medical schools and law schools is much sought after and is highly competitive. In examining admissions patterns to these schools the authors are able to identify the effects of affirmative action programs and the Bakke decision in what may be the most challenging case. This book will appeal to scholars of race and gender in political science, sociology and education as well as those interested in the study of affirmative action policies. Susan Welch is Dean of the College of Liberal Arts and Professor of Political Science, Pennsylvania State University. John Gruhl is Professor of Political Science, University of Nebraska-Lincoln.


Affirmative Action in American Law Schools

Affirmative Action in American Law Schools
Author: United States Commission on Civil Rights
Publisher:
Total Pages: 228
Release: 2007
Genre: Affirmative action programs in education
ISBN:

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A briefing before the United States Commission on Civil Rights, held in Washington, D.C., June 16, 2006.


Mismatch

Mismatch
Author: Richard Sander
Publisher: Basic Books
Total Pages: 370
Release: 2012-10-09
Genre: Law
ISBN: 0465030017

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The debate over affirmative action has raged for over four decades, with little give on either side. Most agree that it began as noble effort to jump-start racial integration; many believe it devolved into a patently unfair system of quotas and concealment. Now, with the Supreme Court set to rule on a case that could sharply curtail the use of racial preferences in American universities, law professor Richard Sander and legal journalist Stuart Taylor offer a definitive account of what affirmative action has become, showing that while the objective is laudable, the effects have been anything but. Sander and Taylor have long admired affirmative action's original goals, but after many years of studying racial preferences, they have reached a controversial but undeniable conclusion: that preferences hurt underrepresented minorities far more than they help them. At the heart of affirmative action's failure is a simple phenomenon called mismatch. Using dramatic new data and numerous interviews with affected former students and university officials of color, the authors show how racial preferences often put students in competition with far better-prepared classmates, dooming many to fall so far behind that they can never catch up. Mismatch largely explains why, even though black applicants are more likely to enter college than whites with similar backgrounds, they are far less likely to finish; why there are so few black and Hispanic professionals with science and engineering degrees and doctorates; why black law graduates fail bar exams at four times the rate of whites; and why universities accept relatively affluent minorities over working class and poor people of all races. Sander and Taylor believe it is possible to achieve the goal of racial equality in higher education, but they argue that alternative policies -- such as full public disclosure of all preferential admission policies, a focused commitment to improving socioeconomic diversity on campuses, outreach to minority communities, and a renewed focus on K-12 schooling -- will go farther in achieving that goal than preferences, while also allowing applicants to make informed decisions. Bold, controversial, and deeply researched, Mismatch calls for a renewed examination of this most divisive of social programs -- and for reforms that will help realize the ultimate goal of racial equality.


The Myth of Affirmative Action

The Myth of Affirmative Action
Author: Rudolph Alexander
Publisher: Ethics International Press
Total Pages: 187
Release: 2023-11-25
Genre: Social Science
ISBN: 1804410934

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Many White people, and some conservative Black people, believe that affirmative action programs are unfairly depriving more deserving Whites of jobs and education opportunities. The author argues that is a myth. For example, University admissions data demonstrates that, despite affirmative action rhetoric, there remains systemic bias against Black students. Sociological data on criminal record, race, and employment, found that White people with a criminal record had a better chance of getting a call back, than Black people without one. Renowned Professor of Social Work Dr Rudolph Alexander Jr. analyses many examples which demonstrate that the claim that affirmative action programs have led to unfair discrimination against White people of equal ability, is a myth. Though not always comfortable reading, the book is an important addition to the literature on equality, diversity, and critical race theory.


Black Men in Law School

Black Men in Law School
Author: Darrell D. Jackson
Publisher: Routledge
Total Pages: 253
Release: 2018-03-19
Genre: Education
ISBN: 1315280434

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Grounded in Critical Race Theory (CRT), Black Men in Law School refutes the claim that when African American law students are "mismatched" with more selective law schools, the result is lower levels of achievement and success. Presenting personal narratives and counter-stories, Jackson demonstrates the inadequacy of the mismatch theory and deconstructs the ways race is constructed within American public law schools. Calling for a replacement to mismatch theory, Jackson offers an alternative theory that considers marginalized student perspectives and crystallizes the nuances and impact that historically exclusionary institutions and systems have on African American law school students. To further the debate on affirmative action, this book shows that experiences and voices of African American law school students are a crucial ingredient in the debate on race and how it functions in law schools.


For Discrimination

For Discrimination
Author: Randall Kennedy
Publisher: Vintage
Total Pages: 306
Release: 2015-06-09
Genre: Social Science
ISBN: 0307949362

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The definitive reckoning with one of America’s most explosively contentious and divisive issues—from “one of our most important and perceptive writers on race and the law.... The mere fact that he wrote this book is all the justification necessary for reading it.”—The Washington Post What precisely is affirmative action, and why is it fiercely championed by some and just as fiercely denounced by others? Does it signify a boon or a stigma? Or is it simply reverse discrimination? What are its benefits and costs to American society? What are the exact indicia determining who should or should not be accorded affirmative action? When should affirmative action end, if it must? Randall Kennedy gives us a concise and deeply personal overview of the policy, refusing to shy away from the myriad complexities of an issue that continues to bedevil American race relations.


The Case for Affirmative Action on Campus

The Case for Affirmative Action on Campus
Author: Eboni M. Zamani-Gallaher
Publisher: Taylor & Francis
Total Pages: 303
Release: 2023-07-03
Genre: Education
ISBN: 1000971171

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* Marshalls the arguments for affirmative action* Offers strategies for actionWhy is affirmative action under attack? What were the policy’s original purposes, and have they been achieved? What are the arguments being arrayed against it? And–for all stakeholders concerned about equity and diversity on campus–what’s the way forward, politically, legally, and practically?The authors explore the historical context, the philosophical and legal foundations of affirmative action, present contemporary attitudes to the issue on and off campus, and uncover the tactics and arguments of its opponents. They conclude by offering strategies to counter the erosion of affirmative action, change the basis of the discourse, and coordinate institutional support to foster inclusive college environments and multi-ethnic campus communities.This book analyzes the ideological and legal construction of colorblind legislation that has led to the de facto exclusion of people of color from institutions of higher education. It addresses the role of the courts in affecting affirmative action in higher education as a workplace and place of study. It documents the under-representation of collegians of color and presents research on student opinion on race-based policies at two- and four-year institutions. It details the pervasiveness of the affirmative action debate across educational sectors and the status of race among myriad factors considered in college admissions. Finally, it considers affirmative action as a pipeline issue and in the light of educational policy.


The End of Race

The End of Race
Author: Helen H. Hyun
Publisher:
Total Pages: 250
Release: 2000
Genre: Affirmative action programs
ISBN:

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