Does Affirmative Action Backfire? The Mismatch Debate

After Students for Fair Admissions v. Harvard, how are law schools actually handling race in admissions — and do large admissions preferences help or hurt the students they're meant to benefit? Prof. Richard Sander of UCLA Law — a law professor and PhD economist whose work was cited in the affirmative-action debate — makes the case for his controversial "mismatch" hypothesis. In this episode of New Law Order, Sander sits down with TalksOnLaw founder Joel Cohen and Yale Law Professor John Morley to discuss: - What SFFA changed, and new data on how law schools have responded - The "mismatch" hypothesis — and why it remains hotly contested - What the data show on grades, bar passage, and outcomes - Post-SFFA implications for law firm hiring (Title VII, Section 1981) - Why he argues for pipeline development and support over race-based preferences Sander brings a distinct and debated perspective; the mismatch theory is disputed by other scholars on methodological grounds. We present the conversation as recorded. Watch the full talk (CLE credit available): https://www.talksonlaw.com/talks/the-mismatch-critique-of-affirmative-action More interviews with the titans of law: https://www.talksonlaw.com New Law Order is a podcast and limited series about the coming shake-up in legal services, co-hosted by Joel Cohen and Yale Law Professor John Morley. Apple Podcasts: https://podcasts.apple.com/us/podcast/new-law-order/id1868796372 Facebook: http://www.facebook.com/talksonlaw Instagram: http://www.instagram.com/talksonlaw X/Twitter: http://www.twitter.com/talksonlaw