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Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

Seattle University School of Law Digital CommonsFaculty Articles2012Faculty ScholarshipPainting Beyond the Numbers: The Art of Providing Access in Law

Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdfw School Admissions to Ensure Full Representation in the ProfessionPaula LustbaderFollow this and additional works at: https://digitalcommons.law.seat

tleu.edu/facultyCf Part of the Legal Profession CommonsRecommended CitationPaula Lustbader. Painting Beyond the Numbers: The Art of Providing Access i Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

n Law School Admissions To Ensure Full Representation in the Profession, 40 CAP. u. L. REV. 71 (2012).This Article is brought to you for free and open

Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

access by the Faculty Scholarship at Seattle University School of Lav/ Digital Commons. It has been accepted for inclusion In Faculty Articles by an

Seattle University School of Law Digital CommonsFaculty Articles2012Faculty ScholarshipPainting Beyond the Numbers: The Art of Providing Access in Law

Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdfd increase minimum levels for qualification to improve school rankings.* 5Lawyers have a duty to ensure fair and just legal processes and to protect t

he rights of all people, regardless of race, religion, nationality, or gender.6 By the same token, law schools, the initial gatekeepers of those enter Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

ing the profession7 and the educators of future lawyers, have a similarscores to make their admissions decisions”). These numerical criteria include U

Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

ndergraduate Grade Point Averages (ƯGPA) and Law School Admission Test (LSAT) scores. Id. at 994.5Id. at 996 (’’Admissions committees use UGPAs and st

Seattle University School of Law Digital CommonsFaculty Articles2012Faculty ScholarshipPainting Beyond the Numbers: The Art of Providing Access in Law

Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdfindex; they weigh the LSAT between 55%-65% in the formula. Id. at 1003 n.32. “Despite any shortcomings in testing the abilities of a variety of testta

kers and types of learners, the LSAT weighs heavily in the law school admissions process. LSAT scores are a large component of law school rankings; th Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

us, they have a great impact on law school admissions decisions.” Jennifer Jolly-Ryan, The Fable of the Timed and Flagged LSAT: Do Law School Admissio

Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

ns Committees Want the Tortoise or the Hare?, 38 CUMB. L. Rev. 33, 35-36, (2007) See also Phoebe A. Haddon & Deborah w. Post, Misuse and Abuse of the

Seattle University School of Law Digital CommonsFaculty Articles2012Faculty ScholarshipPainting Beyond the Numbers: The Art of Providing Access in Law

Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdfs have raised the indicators used by U.S. News & World Report, such as median LSAT score, to increase their rankings).6See generally Preamble: A Lawye

r's Responsibilities, Am. Bar ASS*N, http://www. americanbar.org/groups/profcssional_responsibility/publications/model_rules_of_professio nal_conduct/ Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

model_rules_of_professional_conduct_preamble_scope.html (last visited Nov. 10, 2011). Some argue that discriminatory hiring practices undermine the ad

Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

ministration of justice and may violate the ABA Model Rules of Professional Conduct and the Model Code of Professional Responsibility. See, eg., Aksha

Seattle University School of Law Digital CommonsFaculty Articles2012Faculty ScholarshipPainting Beyond the Numbers: The Art of Providing Access in Law

Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdfExam’rs & Am. Bar Ass’n Section of Legal Educ. & Admissions to the Bar, Comprehensive Guide to Bar Admission Requirements 2011 (Erica Moeser & Claire

Huismann eds., 2011), available at http://www.ncbex.org/ asscts/mcdia_files/Comp-Guide/201 lCompGuide.pdf. Eighteen states require a J.D. or L.L.B. to Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

take the bar exam. Id. at 8-9. Moreover, of the 74,259 people taking a bar exam nationwide in 2006, only forty-four of them did “law office study,” m

Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

eaning they did not matriculate from a law school. See Jerry Harkavy, Self-Taught Lawyers Vanish as More States Require Law School, BOSTON Globe, Jan.

Seattle University School of Law Digital CommonsFaculty Articles2012Faculty ScholarshipPainting Beyond the Numbers: The Art of Providing Access in Law

Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf 40 Cap. Ư. L. Rev. 72 20122012] ENSURING INCLUSIVE LAW SCHOOL ADMISSION 73 duty to ensure that they employ inclusive, fair, and just admission practi

ces.8 Unfortunately, the majority of law schools are failing to meet that charge.9Law schools have abandoned “access admission” practices10 and view t Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

heir heavy reliance on numerical indicators as necessary to increase their rankings in the U.S. News & World Report.11 In addition, law schools may mi

Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

sinterpret the compliance requirements for American Bar Association (ABA) Accreditation.12 Citing concerns about the current anti-race-8See Ass’n of A

Seattle University School of Law Digital CommonsFaculty Articles2012Faculty ScholarshipPainting Beyond the Numbers: The Art of Providing Access in Law

Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf08). This duty is more than a moral imperative; it is required by the AALS. id. The AALS requires that member schools have faculty “who are devoted to

fostering justice and public service in the legal community." Id. at § 6- l(bXi)- In addition, it expects schools to select “students based upon inte Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

llectual ability and personal potential for success in the study and practice of law, through a fair and non-discriminatory process designed to produc

Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

e a diverse student body and a broadly representative legal profession." Id. at § 6-l(b)(v). Finally, it requires member schools to engage in non-disc

Seattle University School of Law Digital CommonsFaculty Articles2012Faculty ScholarshipPainting Beyond the Numbers: The Art of Providing Access in Law

Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf in the Legal Profession: A Critical Race Theorist's Perspective, 95 Mich. L. Rev. 1005, 1011 (1997). As stewards of justice, the legal profession, mo

re than any other profession, must employ just practices. See id.9Thomas Adcock, Zznv School Deans. Profs Ponder Reasons for Decline in Minority Enrol Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

lment, N.Y. L.J., Nov. 20, 2008, http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id= 1202426164067. The current admissions practice is ‘“an outrageous fo

Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

rm of institutional discrimination’...‘If this were in the employment area, you’d see disparate impact lawsuits.’" Id.10See Haddon & Post, supra note

Seattle University School of Law Digital CommonsFaculty Articles2012Faculty ScholarshipPainting Beyond the Numbers: The Art of Providing Access in Law

Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdfPassage Requirements for ABA Accreditation Rules, and the U.S. News and World Report Rankings 21 (Mar. 3, 2011) (unpublished manuscript) (on file with

author). “Access admission” practices are those that enable a law school to consider criteria beyond numerical indicia to increase enrollment of the Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

underrepresented. Lustbader, supra at 22." Haddon & Post, supra note 5, at 98. U.S. News & World Report ranks law schools based upon die twenty-fifth

Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

to seventy-fifth percentile of LSAT scores of entering first year law students. U.S. News & World Report, Best Graduate Schoois: SCHOOLS OF Law 69-71

Seattle University School of Law Digital CommonsFaculty Articles2012Faculty ScholarshipPainting Beyond the Numbers: The Art of Providing Access in Law

Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdfdards 211 and 212, which address diversity, (continued)HcinOnline - 40 Cap. ư. L. Rev. 73 201274CAPITAL UNIVERSITY LAW REVIEW [40:71conscious legal cl

imate, many law schools also believe that they cannot provide access admission—even with the proliferation of Law School Academic Support Programs (AS Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

Ps) and professionals with specialized expertise to ensure students’ success.* & * * * * * * 13By relying primarily on numerical criteria14 and adopti

Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

ng less comprehensive admission practices, law schools disregard the fact thatand interpretation of Standard 503 requires law schools to “use the test

Seattle University School of Law Digital CommonsFaculty Articles2012Faculty ScholarshipPainting Beyond the Numbers: The Art of Providing Access in Law

Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf test.” Am. Bar Ass’n Section of Legal Educ.& Admissions to the Bar, Standards and Rules of Procedure for Approval of LawSchools 37-38 (2011-2012). Th

ese standards suggest that law schools that over-rely onthe numerical indicators could actually be in noncompliancc. Standard 501(b), however,requires Painting Beyond The Numbers- The Art Of Providing Access In Law S.pdf

that law schools “not admit applicants who do not appear capable of satisfactorily

Seattle University School of Law Digital CommonsFaculty Articles2012Faculty ScholarshipPainting Beyond the Numbers: The Art of Providing Access in Law

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