Friday, December 2, 2022

Backey v. Board of Regents Reax.

Board v. Bakke is a fascinating case pertaining to affirmative action. A California Law School did not admit Mr.Bakke despite above average test scores. He believes it to be a direct effect of the quota system that was held in places for minority applicants. California held 16 spots for minority applicants.




We saw many good arguments presented from both sides. The Board of Regents argued that he had 84 chances out of the 100 people in the program. If Bakke wanted to get into the School he should have been better than one of those 84 candidates. 

Another part of the Argument was that reparations were owed to the black community which this program mainly targeted. Racial Segregation and Jim Crow Law have cause and achievement gap between the white and black communities in America. The economic argument followed similar logic in that they said Black people will become a drain on the economy if they don’t begin to get an education

In addition the economic argument informed us that the minimum wage was not livable even at the time. The yearly wage for minimum wage workers is under four thousand dollars. College degrees in this time more often affected job market performance and it was crucial to have a degree to make a livable wage.


 

On the other side, Bakke argues that college has always been admitted based on performance and not based on identity factors. In the end if Bakke had the highest score then he should have gotten into the university. The idea of a racial quota is inherent discrimination because of how it excludes people based on race.

The other argument was that it is detrimental to Bakke’s Economic growth. He is being left out to dry because he is not a minority but has the test scores. It can be extended into a dangerous precedent that makes economic status about race and not about performance which is the cornerstone of American economics.

Another argument related to Brown v. Board to Bakke. They were both cases of racial discrimination by exclusion from a certain “thing.” The argument extends to this as an example of “separate but equal returning.

Overall both sides made very good arguments which had me readily questioning my own point of view on affirmative action. I applaud both groups for discussing such hotly contest issue with such intelligence and creativity

Cornell Law

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