Thursday, May 02, 2013
The Left's Failure and the Mismatch Effect
Brian Tamanaha's essay, "The Failure of Crits and Leftist Law Professors to Defend Progressive Causes" is characteristically provocative. Here is one especially interesting nugget from Brian's essay:
I don't know the answer to your question, and you are likely correct about "averages" hiding underlying disparities, but one possible way to reconcile these figures is that blacks and Hispanics in general might have less support from other sources (family or savings). If they must pay for most or all of their legal education, then even if they get higher scholarships on average, their final debt levels can still be higher than whites and Asians who are able to fund their legal educations in ways other than borrowing. That is just a guess.
Another quick thought. It is not clear that higher scholarship amounts are being awarded, but rather, that scholarships (in the same amounts) are being awarded at comparatively lower LSAT/GPA profiles. If that is true (I don't really know), then that would be a way to reconcile these two findings. And the answer to your question might be a combination of my first comment and this one.
I'm not sure you fully understand Sander's mismatch theory. The idea is that while the elite schools will give out much in race-based scholarship $$$ in order to enroll the most qualified minority candidates, there is a cascade effect the lower down the law school food chain you go.
If the lower-ranked schools want any real sense of racial diversity they are probably accepting minority candidates that perhaps should not be admitted at all. (There is also surely true with many of the white students at schools like Whittier, Cal Western, Touro & c., but does not have much to do with mismatch).
I remember back in 2002, my law school flew in a very impressive black student and had the rest of us minority students wine and dine him (on the school's dime, of course). It struck me as odd that the school was going to such lengths to have him enroll there. I don't remember any Hispanic or Asian students being treated in such a way.
I also had a minority scholarship while in school that paid 2/3 of my tuition. This despite the fact that I was a decidedly average student and finished 180 out of 191 in the rankings.
I'm not complaining, but I do think that we need to encourage structural change within minority communities instead of pandering with scholarships and special treatment. Only then will we be truly equal to all the white students.
This basically goes back to housing policy after WWII where blacks were denied mortgages, red lined and ghettoized (see Coates here for a taste, see also Pigford vs. Glickman) As a result, black families have much lower net worth.
"This basically goes back to housing policy after WWII…"
Go back a couple hundred years more.
Look up Claude Steele and Stereotype Threat
and see my comment, #112, on the recent post on
Bingham and racial preferences.
As with Harold Washington, so with Steele, and of course Derrick Bell in his dissent in Brown, in the book edited by JB. White liberals don't have the experience so they rationalize from what they know.
"I do think that we need to encourage structural change within minority communities"
How do you "encourage" structure?
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It struck me as odd that the school was going to such lengths to have him enroll there. I don't remember any Hispanic or Asian students being treated in such a way.Post a Comment
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