A Personal Perspective - Ten Reasons to Reject 'a Systemic Analysis of Affirmative Action in American Law Schools'

11 Pages Posted: 29 Aug 2006

See all articles by Charles E. Daye

Charles E. Daye

University of North Carolina School of Law

Date Written: August 30, 2006

Abstract

In this essay I discuss, from a personal perspective, ten reasons why we should reject the advocacy - reasoning, rationale, and conclusion - of Richard H. Sander's, "A Systemic Analysis of Affirmative Action in American Law Schools," 57 Stan. L. Rev. 367 (2004). Fundamentally the Sander article takes the position that affirmative action in law school admission should be abolished because Black students are overmatched all the way from the very top elite schools down well into the middle tier schools. Being overmatched, as he sees it, Sander claims not only that Blacks are harmed but also he speculates that Blacks would be better off in a number of ways if affirmative action were abolished. I note first an ironic personal perspective, then, second, I try to point out that Sander is dealing with statistics and not people in his analysis and that therefore his analysis is deficient as applied to in individual human beings. Among the reason it is deficient, is that it ignores both inherent limitations of statistics and inherent complications of real life.

Suggested Citation

Daye, Charles E., A Personal Perspective - Ten Reasons to Reject 'a Systemic Analysis of Affirmative Action in American Law Schools' (August 30, 2006). UNC Legal Studies Research Paper No. 927225, Available at SSRN: https://ssrn.com/abstract=927225 or http://dx.doi.org/10.2139/ssrn.927225

Charles E. Daye (Contact Author)

University of North Carolina School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States

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