Affirmative action

[Mark Graber]

Would the following evidence count.  The University of Delaware has continued to make use of the SATs and similar tests.  Much evidence exists that those tests do not fairly measure the merits of persons of color and women.  The evidence is controversial.  Reasonable people might think the SATs a fair means of assessing merit, but other equally reasonable people might disagree.  If this is a fair summary of the state of the debate than a court should neither find discrimination when the SAT is used (at least that cannot be the sole basis of a discrimination claim) or challenge a state finding that present use of the SAT is discriminatory.

Mark A. Graber
mgraber at gvpt.umd.edu

>>> VOLOKH at mail.law.ucla.edu 02/28/01 02:02AM >>>
        I think Leslie is right to ask for evidence here -- but might I ask
what evidence the University of Delaware has marshaled for the proposition
that there is indeed discrimination against female and nonwhite applicants
still going on, and that the additional slot is  thus necessary to
compensate for this discrimination?  (Or is the U. Del. disclaiming any
reliance on this theory, which I realize was advanced on this thread by
Louise Weinberg of UT, not by Leslie Goldstein?)

        I recognize that such evidence might exist.  Regardless of whether
such discrimination is common in the academy generally, or whether
discrimination in favor of female and nonwhite applicants is common in the
academy generally, it's possible that discrimination against female and
nonwhite applicants does exist at U. Del.  But has some such evidence in
fact been found by the University?