
It is racist when you forcibly try to correct it by targeting the group. For example if you target black people in the NBA because they are over-represented. Exactly what FCPS tried to do at TJ by targeting the Asians. And that's why the judge saw it for what it was. |
Yes. If you are a lawyer, you should change your profession. |
+1000 |
Maybe you should read it again. You clearly missed the rationale. You are also wrong about the old admissions policy being discriminatory. In fact, it was challenged by Professor Lloyd Cohen of GMU for being biased in favor of African American candidates. |
Your assertion is that the use of the word "over-represented" is racist. It is not. Period. It is a word that is mathematically accurate to use in this instance - indeed, there isn't another word that would be as accurate. As I said, we can have an argument about whether or not the actions taken to address the over-representation are or were racist, either in their intent or in their impact. I think you can make an argument based on the sloppy communications of FCPS personnel that the intent might have been racist, and that's really disappointing. |
While these individuals may have made some disgusting racist remarks, the actual admissions process itself is not "discriminatory". |
Why is it a problem if a program attracts a lot of people of a particular minority group? This is the part I'm not understanding. |
What is the basis for your assertion? That's the issue that was unclear from your statement. |
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Let me try that again: I am a lawyer and I can tell you flat out from experience that once the case was assigned to Claude Hilton the outcome was a forgone conclusion. The Defendants were not going to win. He makes some valid points, he is courageous in some ways in calling it like it is, but I think nearly any other judge not a Reagan or Bush appointee would have gone the other way. |
+1 This is where Hilton's line of reasoning is likely to be challenged. There is a much stronger argument for "the School Board should be held accountable for their unacceptable behavior" than there is for "the admissions process is invalid because it's discriminatory". Hilton doesn't really address at all why the new admissions process is discriminatory on its own - he only discusses the questionable motives of the School Board and compares the impact of the new process to the old process and uses that impact to reel in old precedents. The question remains - without referencing the old process or the old demographic of the school, what is it about the new admissions process that is discriminatory? |
Yes, exactly. It's just math. Various groups can be under/over/well represented. > more students from all over the county; every single MS is now represented REPRESENTED (100%) > more students from ED backgrounds, going from <1% to 25% of the freshman class (27% of FCPS students are ED) LIKELY UNDER REPRESENTED (25% is likely overstatement < 27%) > more Hispanic students, 3% to 11% (27% of FCPS) UNDER REPRESENTED (11% < 27%) > more black/mixed students, 6% to 13% (16% of FCPS) SLIGHTLY UNDER REPRESENTED (13% < 16%) > more white students, 18% to 22% (38% of FCPS) UNDER REPRESENTED (22% < 38%) > more female students, 42% to 46% (48% of FCPS) CLOSE TO REPRESENTED (46% ~ 48%) > fewer Asian students, 73% to 54% (20% of FCPS) OVER REPRESENTED (54% > 20%) Overall, the new admissions process resulted in a freshman class that is better representative of the FCPS population than the previous process. It's just math. Whether you think it should be representative - or not - is a different story. |
DP, by your logic no situation with an under-represented group could ever be remedied, because by definition if you increase the representation of that group, you either make another group even more under-represented and/or you take an over-represented group and make it "less over-represented", and that latter case (which is the "Asians at TJ" situation) you are referring to as "targeting" the over-represented group. Sorry everyone else, we have our share of the pie... you can grow yours, but not if it diminishes ours (which in a fixed number of seats environment is obviously an illogical statement). What if the changes to promote geographic and SES diversity in admissions had resulted in no change to % Asian representation? Would you be ok with that? In other words, are you really concerned about the fairness of the process itself, or just invested in maintaining an arbitrary status quo outcome? |
All of you so-called lawyers on this board are hacks. Please read his opinion. He goes through the 4-factor test of Arlington Heights and finds that there was no dispute of material fact and that the facts show that the admissions policy fails the analysis (strict scrutiny). He explains exactly what is wrong with the new admissions process - it was intentionally designed and put in place to disadvantage individuals based on their race. Why is this so hard for people to grasp? We all know this is true, we just didn't know if it was being done in a Constitutional manner or not. Now we know. |
The problem is treating children as mere categories instead of as individuals. If I do or do not have the demonstrated ability to succeed at TJ, it means that I don’t.
I shouldn’t be accepted or rejected because the school “needs more” of, or “has too many” children in the same racial/socioeconomic/gender/religious/etc category. This is why the use of “representation” in this context is racist. |