Harvard University made national news upon accusations that its admissions officers gave Asian-American applicants lower scores for personality traits in order to counter their high test scores and grade point averages. A group called Students for Fair Admission sued Harvard and in the course of litigation, revealed secret documents showing that Harvard’s admissions process disadvantaged Asian-American applicants.
Harvard denied these allegations and through their own study, tried to prove that Asian-Americans were not being discriminated against. The school also claims that their selection process does not violate equal protection while ensuring a diverse student body which is necessary for a well-rounded education.
Now, you would think all of this mud-slinging would make elite schools like Harvard look bad, but it really doesn’t. Quite the opposite, actually. The fact that people are resorting to lawsuits in order to obtain Harvard’s secret handshake only strengthens its prestige factor.
Unfortunately, very little good will come out of this lawsuit regardless of the outcome. The lawsuit will affect the future of affirmative action, a controversial topic in which both sides have taken strong and immutable positions. Also, it will pit racial groups against each other when everyone wants the same thing that could be best obtained through cooperation: a top quality education and a promising future.
I think Harvard (or any school, for that matter) should be allowed to admit whoever they want regardless of grades, test scores, the color of their skin, the content of their character, privilege, points scored per game, or potential to be a major donor or someone famous. To me, it seems unfair and counterintuitive that the more elite a school becomes, its admission procedures becomes more heavily scrutinized and are more likely to be pressured to make changes to accommodate someone else’s definition of fairness. But I do think the school should take some responsibility in case one of their powerful alumni causes a war, a recession, or some other global catastrophe.
The real issue is that there are not enough seats at the best schools like Harvard. And there are not enough good schools. In an ideal world, every school will be equally good.
By far, the biggest problem is resources. Some schools can afford to hire the best teachers, and be located where the best students and teachers want to live. A school with a multibillion dollar endowment will have a greater advantage over one that has to resort to crowdfunding to get basic supplies.

Why Law Firms Are Moving Beyond The Billable Hour
Explore 5 expert-backed reasons law firms are rethinking the billable hour and how legal billing software is leading the way.
But I think another problem is perception — I mean, what makes a school good? Most law schools teach the first-year subjects the same way, so something else has to make it good. There is public perception based on word of mouth, rankings, and the number of alumni becoming powerful or influential people. If a school is perceived to have more prestige, then their students and graduates become more marketable in the job market. And if their graduates are highly sought after, the school has considerable power.
For example, Harvard Law School has power and influence that other law schools can only dream about. In 2009, Sullivan and Cromwell told top law schools, including Harvard Law, that it did not plan to follow NALP’s rule to leave offers open for 45 days and instead require a response within two weeks. Harvard’s reply was if they did that, the firm would not be invited to recruit on campus. Sullivan and Cromwell quickly backed down and since then, no top law firm has dared to defy Harvard.
And when Harvard Law School began accepting GRE scores for admission as an alternative to the LSAT, other law schools started to follow suit and commentators predicted that all law schools would eventually do the same.
The solution is complicated and probably not realistic for many people. The simple suggestion is to increase funding for schools. Of course, that costs money and will likely result in more nondischargeable student loans for students.
If the Harvard lawsuit makes it to trial, we will learn more about Harvard’s admission procedures. Based on the information released so far, Asian-American applicants have a disadvantage because elite schools believe this is a necessary sacrifice for the sake of diversity. But the solution should not force minorities to compete against each other. The solution should be to improve all schools so that they can be attractive to students and employers.
Shannon Achimalbe was a former solo practitioner for five years before deciding to sell out and get back on the corporate ladder. Shannon can be reached by email at [email protected] and via Twitter: @ShanonAchimalbe.