University of Virginia Legal Working Paper Series
University of Virginia Public Law and Legal Theory Working Paper Series
Knots In The Law School Pipeline For Students Of Color: The LSAT Is Not the Problem and Affirmative Action Is Not the Answer
Abstract
This article identifies and addresses one of the most important issues in legal education today: the declining number of students of color (African-Americans, Native Americans, and Hispanics--designated “underrepresented”) admitted to and matriculating at American law schools. This decline in underrepresented students is worsening notwithstanding an increase in applications to law schools from these same students. Furthermore, although affirmative action remains lawful, I contend that it is being negated through actions taken by administrators, deans and bar examiners acting at various stages of the “Law School Pipeline.” Lastly, I note that the underrepresented students, by applying to the wrong law schools–law schools which they have no chance of being admitted-- must share some of the blame for this sad state of affairs.
As a result, this article addresses those impediments (e.g., misapplication by students, misuse of the LSAT in admissions) to increasing the flow of underrepresented students of color into our law schools and then, the legal profession. To solve this critical issue of underrepresentation, I provide remedies which, if accepted, will result in the further diversification of law schools without resort to affirmative action (which, I predict, will ultimately be eliminated in higher education).
Subject Area
Civil Rights, Legal Education, Legal Profession, Public Law and Legal Theory
Recommended Citation
Alex M. Johnson Jr.,
"Knots In The Law School Pipeline For Students Of Color: The LSAT Is Not the Problem and Affirmative Action Is Not the Answer"
(October 2008).
University of Virginia Legal Working Paper Series.
University of Virginia Public Law and Legal Theory Working Paper Series.
Working Paper 103.
http://law.bepress.com/uvalwps/uva_publiclaw/art103
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