A Personal Perspective - Ten Reasons to Reject 'a Systemic Analysis of Affirmative Action in American Law Schools'
11 Pages Posted: 29 Aug 2006
Date Written: August 30, 2006
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.
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