Question
Please answer the following question, Your supervising attorney has assigned you to a research project to answer to questions relating to her client, Jane Lee,
Please answer the following question,
Your supervising attorney has assigned you to a research project to answer to questions relating to her client, Jane Lee, an Asian Massachusetts resident. Jane wanted to be a good leader in society. So, she decided to go to law school and started preparing the LSAT exam. She finally received 171 points and in November 2018, she applied to her dream law school, the Future Law School in Boston, Massachusetts, one of the top state law schools in the U.S. She had a 3.9 GPA and received two recommendations from a famous lawyer and a law professor. Five months later, she received a letter stating that she was not accepted despite her excellent records. Later, she found out that the school has an affirmative action program to accept minority students from African-American, Native-Indian, and Hispanic groups in order to achieve student diversity through compliance with Regents of Univ. of Cal. V. Bakke, 438 U.S. 265 (1978). The policy requires admissions officials to evaluate each applicant based on all the information available in the file, including a personal statement, letters of recommendation, an essay describing how the applicant will contribute to Law School life and diversity, and the applicant's GPA and LSAT score, recommenders' enthusiasm, the quality of the undergraduate institution and the applicant's essay, and a difficulty of undergraduate course selection. The Future Law School states in its admission policy that it is seeking to admit a group of students who individually and collectively are among the most capable, and it is looking for individuals with substantial promise for success in law school and a strong likelihood of succeeding in the practice of law and contributing in diverse ways to the wellbeing of others. The school also seeks a mix of students with varying backgrounds and experiences and who will respect and learn from each other. In particular, the Law school seeks to ensure that its efforts to achieve student body diversity complies with the Bakke court's ruling on the use of race in university admissions. The policy clearly states that the highest possible score will not guarantee admission and a low score will not automatically disqualify an applicant. The policy does recognize many possible bases for diversity admissions, while reaffirming the Law School's long-standing commitment to "one particular type of diversity," that is, "racial and ethnic diversity with special reference to the inclusion of students from groups which have been historically discriminated against, like African-Americans, Hispanics, and Native Americans, who without this commitment might not be represented in our student body in meaningful numbers." By enrolling a critical mass of minority students, the Law School seeks to ensure their ability to make unique contributions to the character of the Law School. Jane decided to sue the Future Law School, alleging that the school discriminated against her on the basis of race in violation of the Fourteenth Amendment. She argued that the school used race as a "predominant factor" in admission, giving applicants who belong to certain minority groups a significantly greater chance of admission than students with similar credentials from disfavored racial groups and had no compelling interest to justify that use of race. Asians have also experienced discrimination but were not mentioned in the policy. Can she win this case? Provide your legal opinion on this case using the IRAC format (Issue, Rule, Application, Conclusion).
You may also refer to the following cases:
Grutter v Bollinger
University of California v Bakke- InBrown v. Board of Education
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