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43 Howard L.J. 141 (1999-2000)
Goodbye to the SAT, LSAT - Hello to Equity by Lottery - Evaluating Lani Guinier's Plan for Ending Race Consciousness

handle is hein.journals/howlj43 and id is 151 raw text is: Goodbye to the SAT, LSAT?
Hello to Equity by Lottery?
Evaluating Lani Guinier's Plan for
Ending Race Consciousness
What destiny awaits us if nearly 80 percent of our youngsters in
Denver fail the fourth grade reading tests, as they did last year?
Hugh Price'
The more books you read, the more stupid you become.
Mao Zedong2
Two beggars are standing across from the university in pre-World
War II Berlin. The atmosphere is repressive, even hateful, though not
yet murderous. On one side of the street is a disheveled, beaten-down
old Jew huddling under a tattered coat and holding up a sign, Help a
poor but proud and good Jew in distress. On the other side is a man
in his ancient, but neatly pressed, World War I uniform whose sign
reads, Proud and loyal son of the Fatherland fallen on hard times-
please help me get back on my feet. The Jew has little to show for
his efforts; the beggar across the street is doing rather well. A sympa-
thetic professor stops to advise the Jew to disguise himself or to move
to another block. Uninterested, the Jew tries to shoo the professor
* Dan Subotnik is a Professor of Law at Touro College, Jacob D. Fuchsberg Law Center
in Huntington, Long Island, N.Y. He wishes to thank Petal Modeste, Rena Seplowitz, Suzanna
Sherry, Hon. Richard Posner, Gerard Giannattasio, Jane Reinhardt, Ken Rosenblum, Christine
Lindwall, Deborah Hecht, Tom Schweitzer, and Rose R. Subotnik.
1. Bob Herbert, Don't Flunk the Future, N.Y. TIMES, Aug. 13, 1998, at A23. Price is Presi-
dent of the National Urban League.
2. Quoted in JuNG CHANG, WILD SWANS, 426 (1991) (suggesting that this remark, made
on June 26, 1965, metamorphosed into the foundation of Chinese educational policy).
2000 Vol. 43 No. 2

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