Richard Sander on Affirmative Action in Law Schools
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Richard Sander on Affirmative Action in Law Schools
A Systemic Analysis of Affirmative Action in American Law SchoolsRichard H. Sander’Introduction.................................................368I.A Richard Sander on Affirmative Action in Law SchoolsA Notion Origins..........................................374II.Defining THE Role oi Race in Law School Admissions.......390III. Ti IE Cascade Effect of Racial Preferences.................410IV.An aside on the Value of Academic Indices...................418V.Effects OF Affirmative Action on Academic Richard Sander on Affirmative Action in Law Schools Performance in LawSchool.......................................................425VI.Effects of Affirmative ACTION ON Passing the Bar.........442VII.Richard Sander on Affirmative Action in Law Schools
THE JOB Market ................................... 454VUI. I lli. Effects of Dropping or Modifying Racial Preferences.468CONCLUSION..............A Systemic Analysis of Affirmative Action in American Law SchoolsRichard H. Sander’Introduction.................................................368I.A Richard Sander on Affirmative Action in Law Schoolsve effectively been collaborators on this project. Patrick Anderson has been my research associate throughout the conceiving and writing of this Article, worked full-time on this project for several months, and will be my coauthor of a forthcoming book on affirmative action. Dr. Robert Sockloskie ma Richard Sander on Affirmative Action in Law Schoolsnaged the databases and collaborated on the statistical analyses presented herein. 1 have received exceptional support from the UCLA School of Law andRichard Sander on Affirmative Action in Law Schools
its Dean’s Fund. The Empirical Research Group and its associate director, Joe Doherty, have provided ongoing research support and outstanding technicA Systemic Analysis of Affirmative Action in American Law SchoolsRichard H. Sander’Introduction.................................................368I.A Richard Sander on Affirmative Action in Law SchoolsAmerican Bar Foundation, the National Association of Law Placement, the National Science Foundation, the Soros Fund, the Law School Admission Council (LSAC). and the National Conference of Bar Examiners. The LSAC also supported earlier empirical research of mine that I draw upon in this Article. I r Richard Sander on Affirmative Action in Law Schoolseceived very helpful, detailed comments on early drarts from Alison Anderson. Bernard Black. Evan Caminkcr. David Chambers. Roger Clegg. William HendeRichard Sander on Affirmative Action in Law Schools
rson, Richard Kahienberg. Lewis Komhauscr. James Lindgren. Robert Nelson. James Stcrba, Stephan Thcmstrom. Jon Varat. Eugene Volokh. David Wilkins, anA Systemic Analysis of Affirmative Action in American Law SchoolsRichard H. Sander’Introduction.................................................368I.A Richard Sander on Affirmative Action in Law Schoolsng of the Law & Society Association, where I presented earlier versions of this Article. Editors and staff at the Sianfi/rd Law Review provided exceptional substantive feedback and editorial support. My wife. Fiona Harrison, provided indispensable intellectual and emotional sustenance throughout thi Richard Sander on Affirmative Action in Law Schoolss effort, and fundamentally reshaped the Introduction and Part 11.1, alas, retain full responsibility for any errors that remain. My deep thanks to alRichard Sander on Affirmative Action in Law Schools
l who helped make this woik possible.367368STANFORD LAW REVIEW[Vol. 57:367IntroductionFor the past thirty-five years. American higher education has beA Systemic Analysis of Affirmative Action in American Law SchoolsRichard H. Sander’Introduction.................................................368I.A Richard Sander on Affirmative Action in Law Schoolse process of fully integrating American society. Since Bakke,Ì universities have often tended to justify affirmative action for its contributions to diverse classrooms and campuses. But the overriding justification for affirmative action has always been its impact on minorities. Few of US would enth Richard Sander on Affirmative Action in Law Schoolsusiastically support preferential admission policies if we did not believe they played a powerful, irreplaceable role in giving nonwhites in America aRichard Sander on Affirmative Action in Law Schools
ccess to higher education, entree to the national elite, and a chance of correcting historic underrepresentations in the leading professions.Yet over A Systemic Analysis of Affirmative Action in American Law SchoolsRichard H. Sander’Introduction.................................................368I.A Richard Sander on Affirmative Action in Law Schoolsal preferences in any field of higher education. The most ambitious efforts have been works like The Shape of the River and The River Runs Through Law School.1 2 These have provided valuable evidence that the beneficiaries of affirmative action at the most elite universities tend, by and large, to g Richard Sander on Affirmative Action in Law Schoolso on to the kinds of successful careers pursued by their classmates. This is helpful, but it is only a tiny part of what we need to know if we arc toRichard Sander on Affirmative Action in Law Schools
assess affirmative action as a policy in toto. What would have happened to minorities receiving racial preferences had the preferences not existed? HoA Systemic Analysis of Affirmative Action in American Law SchoolsRichard H. Sander’Introduction.................................................368I.A Richard Sander on Affirmative Action in Law Schoolsate'.’ Under w hat circumstances arc preferential policies most likely to help, or harm, their intended beneficiaries? And how do these preferences play out across the entire spectrum of education, from the most elite institutions to the local night schools?These are the sorts of questions that shou Richard Sander on Affirmative Action in Law Schoolsld be at the heart of the affirmative action debate. Remarkably, they are rarely asked and even more rarely answered, even in part. They are admittedlRichard Sander on Affirmative Action in Law Schools
y hard questions, and we can never conduct the ideal experiment of rerunning history over the past several decades—without preferential policies—to obA Systemic Analysis of Affirmative Action in American Law SchoolsRichard H. Sander’Introduction.................................................368I.A Richard Sander on Affirmative Action in Law Schoolsn a single realm of the academy: legal1.Regents of the Univ, of Cal. V. Bakke. 438 U.S. 265 (1978) (plurality opinion).2.William G. Bowen & Derek Bok. The Shape oe die River: Long-Term Consequences or Considering Race in College and University Admissions (1998); Richard o. Lcmpcrt Ct al.. Michigan's Richard Sander on Affirmative Action in Law Schools Minority Graduates in Practice: The River Runs Through Law School, 25 Law & Sue. Inquiry 395 (2000). Bowen and Bok do. briefly, consider the questionRichard Sander on Affirmative Action in Law Schools
of how students would fare without affirmative action, but their analysis is so superficial as to provide little helpful insight on this question, suA Systemic Analysis of Affirmative Action in American Law SchoolsRichard H. Sander’Introduction.................................................368I.A Richard Sander on Affirmative Action in Law Schoolsble data sets on law schools and the early careers of young lawyers have recently emerged. Together, they make it possible to observe and measure the actual workings of affirmative action to ail unprecedented degree. Here we begin the application of that data to the question of how much affirmative Richard Sander on Affirmative Action in Law Schoolsaction across American law schools helps and hulls blacks seeking to become lawyers. The results in this Article aie not intended to be definitive; thRichard Sander on Affirmative Action in Law Schools
ey arc intended to take US several steps in a new direction.My goal in this Article is to he systemic—that is, to analyze legal education as a completA Systemic Analysis of Affirmative Action in American Law SchoolsRichard H. Sander’Introduction.................................................368I.A Richard Sander on Affirmative Action in Law Schoolschools have less freedom of action than an outsider might assume. Moreover, one cannot understand the consequences of racial preferences without understanding the relative trade-offs for students attending schools in different tiers of the education system. In many ways, law schools aie an ideal sub Richard Sander on Affirmative Action in Law Schoolsject for this type of systemic approach. The vast majority of stales have fairly uniform educational requirements for lawyers, and the vast majority oRichard Sander on Affirmative Action in Law Schools
f law schools arc licensed by the same national organizations. Nearly all aspirants to law school go through a similar application process and take a A Systemic Analysis of Affirmative Action in American Law SchoolsRichard H. Sander’Introduction.................................................368I.A Richard Sander on Affirmative Action in Law Schoolsn a curve. Nearly all graduates of law school who want to practice law must lake bar exams lo begin their professional careers.3 These uniformities make comparisons within (he legal education system much easier. At the same time, the 180-odd accredited law schools in the United States encompass a ve Richard Sander on Affirmative Action in Law Schoolsry broad hierarchy of prestige and selectivity; like the legal profession itself, legal education is more stratified than most nonlawyers realize. ThiRichard Sander on Affirmative Action in Law Schools
s makes legal education an excellent candidate for the systemic analysis of affirmative action. If racial preferences are essential anywhere for minorA Systemic Analysis of Affirmative Action in American Law SchoolsRichard H. Sander’Introduction.................................................368I.A Richard Sander on Affirmative Action in Law Schoolsave on the largest class of intended beneficiaries: black applicants to lawschool. The principal question of interest is whether affirmative action in lawschools generates benefits to blacks that substantially exceed the costs to blacks. The “costs” to blacks that How from racial preferences are oft Richard Sander on Affirmative Action in Law Schoolsen thought of. in the affirmative action literature, as rather subtle matters, such as the stigma and stereotypes that might result from differentialRichard Sander on Affirmative Action in Law Schools
admissions standards. These effects are interesting and important, but I give them short shrift for the most part because they are hard to measure andGọi ngay
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