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what i found interesting is they're not

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they're refusing to use the sat test

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anymore because of its discriminatory

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effect but they're open to

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other tests

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so they may look into other standardized

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tests

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the s.a.t

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yeah what would they in other words what

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would they correct if you're going to

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come up with a new standardized test to

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replace the sat test how would it be

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different would you say i'd love to hear

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them answer this question it's a

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rhetorical question but mostly

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jim they're dancing on the head of a pen

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because there is no

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real desire on the part of the administ

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the uc administration

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to have anything

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any standardized tests

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that would diminish the ability

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of the university

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to make decisions based on race

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that's really what's at play here right

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the test is all about something being

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merit-based

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very objective and cold

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and they don't want it to be merit-based

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and that's why they're tossing out the

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tests they're claiming they're tossing

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it out because it's discriminating but

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what is it about the test that makes it

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difficult for a black or brown person to

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do well on it and i don't think they i

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don't think they can point to anything

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yeah nothing about the test

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problem is not in the test

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problem is in

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those who take the test

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and they don't want to

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admit that

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even though the faculty i think

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probably

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agrees with what i just said

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but the the problem

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with the standardized test

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is that you see

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the problem with the issue

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is that the university of california

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with respect to

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admissions

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is run by the faculty

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the faculty are the ones who determine

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who will be admitted

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and the administration has

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clubbed them over the head they didn't

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want to abandon the test

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but the administration janet napolitano

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convinced them

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the faculty that is

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that we want to just do this right now

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because we have to get

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something that is fair

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all of this is code by the way

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to please the latino caucus

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in the legislature

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that's what's driving this

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and

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that gives the admissions people at

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every campus

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the ability

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to say we're looking at students

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comprehensively

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based on their

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extracurricular activities

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based on them holistically

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quotes i'd go crazy with quotes around

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every word that is significant here

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but the administration wants to give

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the admissions people

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complete freedom

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to ignore

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incredible uh simply put but

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i'm sure so correct

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what what is next the there's the lsat

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test to get into law school

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and there's mcat i think is for medical

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school right

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right and then i forget what they call

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it for business school but i presume

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you got to get rid of those next

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and then

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there's another one that comes after law

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school and it's called the bar exam

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the california bar

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i would imagine

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we might as well get rid of the

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california bar exam

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well if they could do all of that i tell

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you they would certainly be happy to do

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it

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because

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as long as you

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give the ability to make decisions

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holistically

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to the institution

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then you have to believe that they will

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use whatever factors they have to use

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to believe that to please the

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the powers that be

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don't give a diddly squat about

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merit about

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accomplishment their belief is

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that as long as the institution

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reflects the

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demographics

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then that's the objective that they have

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in mind yeah that's what they call

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equity that everything in the end

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works out the same as far as these

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groups and right if they could do it

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they would decide these central planners

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they would decide the precise percentage

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when it comes to doctors so who gets

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their md

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who's actually because i should say a

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license who actually gets a license to

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practice medicine or a license to

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practice law would be decided by the

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state and it would be decided in ways or

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that we have the proper percentage based

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on race of doctors and lawyers

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yes yes

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there's no there's no question about

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that that's what they want that's what

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they want

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and i mean this is a sickness this is i

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mean these people are i mean how do you

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describe this other than a sickness

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well there is no word that i can find

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uh because it's suicidal

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for our society

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every profession

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uh in their

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in their wisdom

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is going to be tainted

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you drive over a bridge and you're going

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to wonder whether it

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will collapse

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because the engineer

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didn't meet any objective standard

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you go see your doctor

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and you see that certificate on the wall

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evidencing where he or she went to

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school

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you will ignore it because you don't

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know

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whether there is any merit behind it

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uh every profession

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would be poisoned would be tainted

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because of the suspicion

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that the person who is there

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recognized standard

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and by the way this affirmative action

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that we're talking about or achieving

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equity i mean it's been around for a

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long time i mean we're talking at least

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40 years i mean it was being practiced

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at the time that i applied for college

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in 1984 1985 when i applied for law

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school in 1989

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when i

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was

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joined a law firm

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in 1992

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i can tell you two anecdotal stories

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from the law firm i was on the hiring

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committee as a young associate and we

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had two stacks for the resumes one was

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for

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uh

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non-minority and the other was for a

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minority so we had a minority stack of

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resumes we were practicing affirmative

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action at a major los angeles law firm

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with no proof that we had previously

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discriminated i'll never forget there

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was an application from someone who was

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from brazil

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and the question arose okay

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brazil does she go in the minority pac

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stack or not

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and people say yeah yeah i think she

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does okay put the brazilian in the mind

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or he's like she had gone to columbia

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law school because her probably comes

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from a wealthy family

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she was put in the minority stack last

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thing i'll say i'll tell you anecdotally

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and then get your

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comment

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we had 30 first-year lawyers

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um of which

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my numbers are not going to be 100

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correct but they're close enough

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six african-american of the 30.

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we had

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five people fail the bar

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of the 30.

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all five of them were african-american

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so

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that's affirmative action

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at work and at practice

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not being concerned about the underlying

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person and assuring that that person is

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getting

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the proper schooling and training it's

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just all about the numbers at the end

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yeah yeah

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well i saw this

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as a regent

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and

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the frustration

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that i had jim was that

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i'll go back to your original question

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of

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how do i

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affirmative action

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the

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basis

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of my existence

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is that c that was on my birth

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certificate when i was born in 1939

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in leesville louisiana

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the heart of jim crow

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there's a seal on my birth certificate

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placed there by my government

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at sea wasn't for connerly

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it was for colored

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and as a colored child

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i was presumed to be inferior

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i had a place in my society

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that had been predetermined

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and

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it determined where i would go to school

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what my rights would be

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who i could marry

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based on race

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where i could sit in the theater when my

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friends and i

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on saturday

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went to the

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saturday matinee

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all of this would be determined

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predetermined

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based on that c on my

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birth certificate

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the presumption of my inferiority

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and affirmative action

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takes that presumptions

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presumption and translates it

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into the law into policy

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so

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i was opposing that presumption

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of inferiority

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black people in quotes

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can reach that bar if you demand it

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if you say here's the standard

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we can meet that standard

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if you don't believe that we can