Wednesday, November 18, 2009

legal and illegal quota systems

The use of quota systems during law school admissions was discussed in class. Quota systems can be illegal or legal depending on what content is being considered. For example, the quota systems we discussed in class were based on race. Systems based solely on race have been deemed unconstitutional by the United States Supreme Court. The Supreme Court has stated that schools can consider race as a factor; however, race must not be the deciding factor. I agree with this decision as one’s admittance into law school must be based on qualifications rather than race. The reason why there are only 1.1 million lawyers in the United States is because lawyers are very qualified people. Lawyers have the duty to protect the rights and freedom of others; this responsibility must given to the most qualified people. Quota systems based only on race are essentially like affirmative action or reverse-racism. I think it’s a no-brainer why race can not be the determining factor in law school admissions.
Some quota systems are legal. A law school can develop a quota system based on LSAT score or GPA. For example, law school A admits 50% of their applicants who have a GPA of 3.5 or greater and 50% of applicants between a 3.0 and 3.5. This quota system is perfectly legal because it is based on academic qualifications and not solely on race. Likewise, law school B who decides they want to expand their Hispanic student population, can admit higher numbers of Hispanics, as long as race is not the deciding factor. The Hispanics who are admitted must have met some other qualifications besides race. Quota systems must be used carefully, as they can be legal or illegal and are often met with much contention.

2 comments:

  1. Yes, my comments in class may made it appear that race is the sole criterion for admissions. But suppose we broaden the criteria to something closer to those that Kennedy offers, thus including race, gender, and class. If those criteria were added to test scores and GPA would that be a fair standard for admissions? Suppose we rank those criteria before scores and GPA; would that be appropriate?

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  2. Good point Dan. The case Grutter v. Bullinger, was about The University of Michigan accepting applicants based on their race. It is B.S. to accept people based on the color of their skin. Acceptance into any sort of school should be based off of your academics, or other qualifications that you posses.

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