Prof. Bracey on Articulating Normative Commitments to Racial Preferences:

Bracey: "But asking a law school to articulate and stand behind its normative commitments regarding race preferences – one way or the other – strikes me as a good thing to do." I vehemently disagree that this is what the ABA is asking law schools to do; rather, it is requiring all schools to have preferences. But I agree with Prof. Bracey that what he suggests is a good idea, and I'm not sure why he thinks I would object to this. Indeed, my preferred solution to the preferences issue in higher education would be for schools to articulate what preferences they have, how strong these preferences they are, and why they have them, and then defend their position to their constituents and the public at large.