The case for Black inferiority? What must be true if professor Sander is right: A response to a systemic analysis of affirmative action in american law schools
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
In A Systemic Analysis of Affirmative Action in American Law Schools, Professor Richard Sander asserts that affirmative action hurts blacks both as a group and as individuals. Professor Sander finds that qualified black students are adversely affected by affirmative action because they are admitted to schools above their capacity where they are matched against more qualified whites. According to Professor Sander, because these minimally qualified blacks are unable to compete with their more qualified peers, they fare poorly in the classroom and on the bar examination. Moreover, unqualified black students are hurt because they are admitted to law schools where they waste valuable time and money discovering that they are unable to graduate or pass the bar. In turn, black people as a whole are harmed by affirmative action because the admission of unqualified blacks and the competition faced by minimally qualified blacks result in black law students suffering from higher dropout and bar failure rates than their white peers. According to Professor Sander, under a race-neutral system, unqualified blacks would never enter law school and qualified blacks would matriculate at the lower tier schools where they belong. The result would be more black law school graduates and higher black bar passage rates, leading to more black lawyers. In other words, affirmative action is responsible for creating fewer black lawyers than a race-neutral system would produce.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Paula Chegwidden & Wendy R. Katz (1983). American and Canadian Perspectives on Affirmative Action: A Response to the Fraser Institute. [REVIEW] Journal of Business Ethics 2 (3):191 - 202.
Engelbert Ssekasozi (1999). A Philosophical Defense of Affirmative Action. Edwin Mellen Press.
Kwame Anthony Appiah (2011). “Group Rights” and Racial Affirmative Action. Journal of Ethics 15 (3):265-280.
Louis P. Pojman (1998). The Case Against Affirmative Action. International Journal of Applied Philosophy 12 (1):97-115.
Albert Mosley (1998). Policies of Straw or Policies of Inclusion? International Journal of Applied Philosophy 12 (2):161-168.
Prue Burns & Jan Schapper (2008). The Ethical Case for Affirmative Action. Journal of Business Ethics 83 (3):369 - 379.
Frank F. Furstenberg, The Making of the Black Family: Race and Class in Qualitative Studies in the Twentieth Century.
Luke C. Harris (2003). Contesting the Ambivalence and Hostility to Affirmative Action Within the Black Community. In Tommy Lee Lott & John P. Pittman (eds.), A Companion to African-American Philosophy. Blackwell Pub.
Bill E. Lawson (2011). Sterba on Affirmative Action, or, It Never Was the Bus, It Was Us! Journal of Ethics 15 (3):281-290.
Added to index2009-01-28
Total downloads4 ( #391,261 of 1,707,725 )
Recent downloads (6 months)0
How can I increase my downloads?