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New Article: Kathryn Ladewski, Preserving a Racial Hierarchy: A Legal Analysis of the Disparate Racial Impact of Legacy Preferences in University Admissions, 108 Mich. L. Rev. 577 (2010). Abstract below:
Many public and private universities around the country employ legacy admissions preferences in order to give children of alumni special consideration in the admissions process. Such preferences disproportionately benefit white applicants at the cost of their nonwhite counterparts, because past generations of college students were less diverse than today’s applicant pool. However, universities argue that their legacy preferences are justified because they assist in alumni fundraising efforts. This Note presents a statistical analysis to argue that legacy preferences are prohibited by the Civil Rights Act of 1964 because they have a discriminatory effect on minority college applicants and have not been shown to promote (and do not promote) any legitimate university purpose. Many public and private universities around the country employlegacy admissions preferences in order to give children of alumnispecial consideration in the admissions process. Such preferencesdisproportionately benefit white applicants at the cost of their nonwhitecounterparts, because past generations of college studentswere less diverse than today’s applicant pool. However, universitiesargue that their legacy preferences are justified because they assistin alumni fundraising efforts. This Note presents a statistical analysisto argue that legacy preferences are prohibited by the CivilRights Act of 1964 because they have a discriminatory effect on minoritycollege applicants and have not been shown to promote (anddo not promote) any legitimate university purpose.
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