A reader emailed me a link to an OpinionJournal article about how law school affirmative action "backfires":
Three years ago, UCLA law professor Richard Sander published an explosive, fact-based study of the consequences of affirmative action in American law schools in the Stanford Law Review. Most of his findings were grim, and they caused dismay among many of the champions of affirmative action--and indeed, among those who were not.
Easily the most startling conclusion of his research: Mr. Sander calculated that there are fewer black attorneys today than there would have been if law schools had practiced color-blind admissions--about 7.9% fewer by his reckoning. He identified the culprit as the practice of admitting minority students to schools for which they are inadequately prepared. In essence, they have been "matched" to the wrong school.
. . .
Mr. Sander's original article noted that when elite law schools lower their academic standards in order to admit a more racially diverse class, schools one or two tiers down feel they must do the same. As a result, there is now a serious gap in academic credentials between minority and non-minority law students across the pecking order, with the average black student's academic index more than two standard deviations below that of his average white classmate.
Not surprisingly, such a gap leads to problems. Students who attend schools where their academic credentials are substantially below those of their fellow students tend to perform poorly.
The reason is simple: While some students will outperform their entering academic credentials, just as some students will underperform theirs, most students will perform in the range that their academic credentials predict. As a result, in elite law schools, 51.6% of black students had first-year grade point averages in the bottom 10% of their class as opposed to only 5.6% of white students. Nearly identical performance gaps existed at law schools at all levels. This much is uncontroversial.
Supporters of race-based admissions argue that, despite the likelihood of poor grades, minority students are still better off accepting the benefit of a preference and graduating from a more prestigious school. But Mr. Sander's research suggests that just the opposite may be true--that law students, no matter what their race, may learn less, not more, when they enroll in schools for which they are not academically prepared. Students who could have performed well at less competitive schools may end up lost and demoralized. As a result, they may fail the bar.
I agree with the bolded sentence above. It's better to graduate at the bottom 10% of the class from a top 14 law school than in the middle of the class at mediocre state law school.
I also think that even people two standard deviations below the average white student at at top 14 school are capable of passing the bar exam. Many of the black students who graduated from Arizona State University passed the bar exam.
The explanation offered for why affirmative action hurts black performance on the bar exam is true:
[A]s a result of affirmative action, black and white students with similar credentials are not attending the same schools. The white students are more likely to be attending a school that takes things a little more slowly and spends more time on matters that are covered on the bar exam. They are learning, while their minority peers are struggling at more elite schools.
At the more prestigious law schools, the curriculum is not bar exam focused, because the theory is that any idiot (or at least any idiot qualified to get admitted to a decent law school) can learn what they need to know for the bar at a bar review course. Even Arizona State University took this approach.
RESPONSE TO COMMENTS
There are a few comments below saying that law school isn't that difficult. People who say that have obviously never attended law school.
I had the opportunity to attend both the MBA and JD programs at the same state school, and the MBA program was a joke in comparison to the JD program.
Excelling at the law requires the ability to understand subtle differences of wording. It's not just about rote memorization. On the other hand, maybe you don't need to be a legal whiz to be a trial level criminal prosecutor or defender, and maybe not even to do document review at BIGLAW.
Going back to the issue of the law school curriculum and bar passage rates, it's definitely plausible that the same person attending a lower ranked law school would do better on the bar exam because at lower ranked law schools the professors don't play "hide the ball." They are more likely to teach black letter law, and the curriculum will cover all the topics on the local bar exam. For people on the borderline of failing or passing the bar exam, having two bar review classes (law school plus BarBri) is better than just having one bar review class.
It's true that you can take the exam again if you fail the first time, but failing the first time often means getting fired from your job (if you're lucky enough to have one), or being ineligible for any jobs until you pass. By the time you pass, it may be too late: it's hard enough to find a legal job even if you pass the exam on the first try.
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