Law in Contemporary Society

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LissetteDuranSecondPaper 4 - 12 Aug 2012 - Main.LissetteDuran
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Affirmative Action Again

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In February, the Supreme Court agreed to hear Fisher v. University of Texas, a case involving a challenge to their race-conscious admissions policy. In addition to their policy of admitting the top students at every high school in the state, they also use a complex system in which race plays a significant, but unquantifiable, role. Because Justice O’Connor was replaced by a more right-leaning Justice Alito Jr., many believe that the Court might find affirmative action programs unconstitutional.
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In February, the Supreme Court agreed to hear Fisher v. University of Texas, a case involving a challenge to their race-conscious admissions policy. In addition to their policy of admitting the top students at every high school in the state, they also use a complex system in which race plays a significant, but unquantifiable, role. Because Justice O’Connor was replaced by a more right-leaning Justice Alito Jr., many believe that the Court might find affirmative action programs unconstitutional. [Define affirmative action]
 

What Happens Next?

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The Real Problem

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[Incorporate class-based discrimination idea]
 It is beneficial for schools to reevaluate their affirmative action programs. They should constantly evaluate the successes of their methods to increase diversity. And allowing race to be openly considered in admissions policies makes that process more transparent. To an extent, schools are held accountable for their accomplishments and their failures. But most importantly, we acknowledge as a society that a problem of racial discrimination exists in our school systems and we are doing something about it.

This shift towards less transparency and less accountability that would result from abolishing affirmative action programs is consistent with the shift in our society with respect to racial discrimination. Laws and actions are rarely discriminatory on their face. It is usually the nuances and subtleties of their effects that show their true purpose. Yet somehow nobody is responsible for them. The act itself—getting rid of affirmative action programs—is neutral (it means that race will not be used), but underlying it is a false notion that race is no longer a problem in this country. But it is. The sun has not set on racial disparities in schools.


Revision 4r4 - 12 Aug 2012 - 22:16:23 - LissetteDuran
Revision 3r3 - 29 Jul 2012 - 19:23:52 - EbenMoglen
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