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> It's obviously impossible to enact affirmative action without the corresponding penalty on outgroup members.

Not true. There is a third way. This is a problem of artificially induced scarcity. Instead of recognizing the problem for what it is, we are creating a false dichotomy of choice between merit and justice. We sacrifice one for the other, blind to the possibility that we can have both.

I will use a metaphor comparing seats at great universities to slices of pie:

When a bakery finds that customers are routinely fighting to buy the last few pieces of pie, it should simply bake more pie. The U.S. government isn't just one of the biggest pie bakeries around, it also subsidizes all the other bakers and loans money to their customers. No one has more leverage than them. If they say "you must make more pie," the other bakers must fall in line, or else they stand to lose a lot of money and decline relative to their peers.

If X # of university applicants are admitted due to affirmative action, the government should mandate that the university expand its capacity by X students. Otherwise, the government should threaten to remove all subsidies (including loans to students pursuing an education at that institution).

For its part, the government should also fund an increase in capacity at the best public universities. Perhaps it should even create new universities to help solve this problem. While people deserve the best education they can get, private universities do not deserve public monies if they refuse to increase positive externalities at the perceived expense of their prestige.



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