bilbobaggins wrote:mrmangs wrote:bilbobaggins wrote:I would disagree with the proposition that people not getting a URM boost are being discriminated against.
At the very least, one has to admit law school admissions are zero-sum. There is a limited number of spots, and if applicant A gets in, then applicant B has one less spot to compete for. Hell, even for admitted students, a similar competition exists: there is a limited amount of funds available for scholarships, and if admitted student A gets money, there is that much less available for admitted student B.
But, when we then move to AA and all the complications and subtleties that have been brought up ITT, well, whether one thinks people not getting a URM boost are being discriminated against really turns on how one assesses the sense of the word "discriminated" in light of all that information.
Sure, but it's impossible to show that any given person was excluded because he was white as opposed to a host of other factors (low LSAT, low gpa, etc). It's not quota based admissions, so admissions departments are using a host of factors to make their decisions. These decisions result in what seems like an LSAT bump for URMs, but this is not technically what's actually occurring. What's occurring is that admissions departments want a variety of individuals in their programs- including people from the lower class, people from different racial backgrounds, people from less populous states, people from different professions, a balanced number of men and women etc.
I agree that this is a shell game. It would be akin to me arguing that our criminal justice system is not discriminatory just because you can't prove that any particular minority convict would have been acquitted in the absence of racism. After all, there are a million other reasons the jury might have convicted that particular defendant. Even though you cannot prove the discrimination in individual cases, I'm sure you believe it exists, just as I believe that there are whites who are denied admission to law school who would have been accepted were it not for the consideration of race in the admissions process.