NCJ Number
53426
Journal
Buffalo Law Review Volume: 20 Issue: 1 Dated: (FALL 1970) Pages: 473-486
Date Published
1970
Length
14 pages
Annotation
USING A HYPOTHETICAL CASE WHERE BLACK MINORITY APPLICANTS TO A LAW SCHOOL ARE ADMITTED UNDER A WAIVER OF ACADEMIC REQUIREMENTS ENFORCED WITH WHITE APPLICANTS, THE LEGAL QUESTION OF DISCRIMINATION AGAINST WHITES IS VIEWED.
Abstract
A HYPOTHETICAL SITUATION IS CONSTRUCTED WHERE A LAW SCHOOL, IN AN ATTEMPT TO REMEDY THE SHORTAGE OF MINORITY LAWYERS, AIMS AT INCREASING ITS ENROLLMENT OF MINORITY STUDENTS THROUGH A MINORITY STUDENTS PROGRAM (MSP). THE PROGRAM NOT ONLY ENCOURAGES MORE MINORITY STUDENTS TO APPLY FOR ADMISSION, BUT FACILITATES THEIR ADMISSION BY APPLYING LESS STRINGENT ADMISSION CRITERIA TO NONWHITES. ALL APPLICANTS ARE REQUIRED TO TAKE THE LAW SCHOOL ADMISSION TEST (LSAT), BUT TEST SCORES ARE NOT AS CRITICAL AN ADMISSION CRITERIA FOR MINORITY APPLICANTS AS FOR WHITES. THE ATTITUDE AND MOTIVATION OF THE BLACK APPLICANT IS A MORE IMPORTANT STANDARD FOR ADMISSION TO THE LAW SCHOOL THAN IT IS FOR THE WHITE APPLICANT. IT IS HYPOTHESIZED THAT QUALIFIED NONMINORITY STUDENTS DISPLACED BY THE MSP BRING A CIVIL RIGHTS ACTION IN FEDERAL COURT ALLEGING THAT THE LAW SCHOOL ADMISSIONS POLICY PROMOTES UNCONSTITUTIONAL DISCRIMINATION ON THE BASIS OF RACE AND ETHNIC BACKGROUND AND THUS DEPRIVES THEM OF AN EQUAL EDUCATIONAL OPPORTUNITY IN VIOLATION OF THE 14TH AMENDMENT OF THE CONSTITUTION. IT IS ARGUED THAT A CONSTITUTIONAL EVALUATION OF THE MSP MUST BE CONDUCTED AGAINST THE BACKGROUND OF THE SOCIAL AND VOCATIONAL INEQUITY IT IS DESIGNED TO REMEDY THE SEVERE LACK OF BLACK LAWYERS NEEDED TO SERVE THE LEGAL NEEDS OF THE BLACK CITIZENRY. THE LAW SCHOOL, IN DEVISING A PROGRAM TO REMEDY THIS NEED, IS BELIEVED TO BE TAKING LEGAL STEPS TO CORRECT AN INEQUITY. THE ROLE OF THE LAW SCHOOL IN PERMITTING THE SHORTAGE OF BLACK LAWYERS TO CONTINUE AND THE INSURMOUNTABLE FINANCIAL AND EDUCATIONAL OBSTACLES FACED BY MINORITY APPLICANTS ARE EXAMINED. IT IS NOTED THAT THE LSAT, ALTHOUGH CAPABLE OF PREDICTING THE SUCCESS OF A WHITE MIDDLE CLASS STUDENT IN LAW SCHOOL, CANNOT VALIDLY PREDICT THE SUCCESS OF AN APPLICANT WHOSE CULTURAL ORIENTATION DEVIATES FROM THE WHITE MIDDLE CLASS NORM. IT IS RECOMMENDED THAT LAW SCHOOLS ATTEMPTING TO IMPLEMENT MSP SHOULD BE GIVEN FINANCIAL ASSISTANCE TO EXPAND THEIR FACILITIES TO ACCOMODATE HIGHER ENROLLMENT SO THE NUMBER OF WHITE ENROLLEES WILL NOT NECESSARILY HAVE TO BE REDUCED. (RCB)