If affirmative action is permissible by law and sustainable by the Constitution, then it makes sense that universities would be allowed to continue their legacy admissions. The morality and ethics of legacy admissions is a different thing altogether.
Affirmative action remains necessary in a nation that only abolished Jim Crow laws five decades ago and which still suffers from one of the largest income disparities of any developed country. On the other hand, legacy admissions further entrench the financially and culturally elite in positions of power. In Liberalism Divided, Owen M. Fiss (1997) analyzes what he calls the "group disadvantaging principle," (p. 36). Fiss (1997) posits the group disadvantaging principle as the principle underlying affirmative action. The principle acknowledges the link between race and class. The group disadvantaging principle "seeks to end social subordination" by proactively uprooting all forms of social inequality and discrimination (Fiss 1997, p. 36). It is upon the group disadvantaging principle that all future admissions policies should be based if one of the goals of education is to help create a more perfect society.
References
American Council on Education (2002). What Leaders are Saying about Affirmative Action and Diversity. Retrieved June 18, 2008 at http://www.acenet.edu/bookstore/descriptions/making_the_case/works/leaders.cfm
Bradley, R. (2006)....
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