Document Type
Article
Publication
Michigan Journal of Race and Law
Year
2001
Citation Information
Daria Roithmayr, Direct Measures: An Alternative Form of Affirmative Action, 7 MICH. J. RACE & L. 1 (2001), available at https://scholar.law.colorado.edu/faculty-articles/1881.
Abstract
In this essay, I will propose an alternative form of law school affirmative action that does not rely on racial classifications, but nevertheless helps to remedy racial discrimination, to diversify the educational environment and to provide resources for underserved communities. In particular, I propose a "direct measures" program that would grant admissions preferences on the basis of the following criteria: (1) whether an applicant has suffered from the effects of racial discrimination; (2) whether, on issues of racial and social justice, the applicant can contribute a perspective or viewpoint not currently represented within the majority of the student population, and (3) whether the applicant is likely to provide resources or services to underserved communities. Because this form of affirmative action does not rely on racial classifications, but instead directly measures an applicant's experiences, viewpoints and commitments without regard to racial identity, it does not violate the equal protection clause.
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