I would hope that the SCt has helped get us past some of the simplistic, stereotyped versions of affirmative action.
First, David Bernstein has a good point on sweeping affirmative action stereotypes. While a Mexican-American kid who grew up in the Texas Valley may be deserving of AA, a wealthy Argentine immigrant may not be. Generalizing by surname is a poor proxy. With individualized determinations, we may overcome this inaccuracy. Second, perhaps we can get beyond phrases like "singled out by race." This carries the impression that some admissions officer somewhere was saying: "Let's get a white person!" I don't think anyone has been truly singled out by race; a decision not to admit has been based on a number of factors in which race was one. It clearly was not the dispositive one, as all law schools tend to admit a lot of white folks. Using more individualized determinations in lieu of formulae may also help overcome this. Frank Cross Herbert D. Kelleher Centennial Professor of Business Law CBA 5.202 University of Texas at Austin Austin, TX 78712
