Professor Richard Sander of the University of California Los Angeles calls it the "mismatch theory." He's written a law review article, a book, and an article for The Atlantic about the subject -- how affirmative action supposedly sets up minorities to fail by placing them in schools that are too rigorous for them to handle.
His study, unsurprisingly, was not met with open arms. Critics complained that he lacked sufficient data to make the conclusions asserted. His response was to go to the one place that has all the data he'd ever need: the California State Bar.
Except they said no. Until the California Supreme Court, last week, said yes.