University of Denver College of Law
Overall, in this Article, we briefly lay out each of our challenges to Sander's arguments in Class in American Legal Education. In Part I, we first address the very problems that Sander's article highlights about the difficulties of defining class and SES, problems that may make classbased affirmative action programs less feasible and effective than Sander suggests. In so doing, we identify what we consider to be defects in Sander's class/SES groupings. We also highlight the complexities around class and race that already exist within law student populations, answering in part the important questions about to whom black law students are "relatively" advantaged or disadvantaged. In Part II, we focus on responding to Sander's substantive arguments against race-based affirmative action, demonstrating why class-based affirmative action is an inadequate substitute and why race-based affirmative action is still needed.
Angela Onwuachi-Willig & Amber Fricke,
Class, Classes, and Classic Race Baiting: What’s in a Definition?,
Denver University Law Review
Available at: https://scholarship.law.bu.edu/faculty_scholarship/304