THE THREAT TO DIVERSITY IN LEGAL EDUCATION - AN EMPIRICAL ANALYSIS OF THE CONSEQUENCES OF ABANDONING RACE AS A FACTOR IN LAW SCHOOL ADMISSION DECISIONS

Sep 2, 2026

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Examines empirical consequences of abandoning race and ethnicity in law school admission decisions, building on the post-Hopwood debate. Using application data from students applying in 1990-1991 and Fall 1991 first-year law students, it models a “numbers only” policy relying solely on LSAT scores and undergraduate grade-point averages. Findings indicate major increases in minority denials of legal education access, while graduation and bar passage rates show no significant differences among admitted versus non-admitted minority students. Other studied proxies, including socioeconomic status, do not achieve satisfactory results.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages53

Reading Time2 h 14 min

AccessFree to download

Introduction

The role of race in law school admissions

Competing approaches: diversity vs. quantitative predictors

Grades and test scores in high-stakes admissions

Study structure and aims

NEW YORK UNIVERSITYLAW REVIEW | VoLUME 72 | APRIL 1997 | NUMBER 1 | | --- | --- | --- | THE THREAT TO DIVERSITY IN LEGAL EDUCATION:AN EMPIRICALANALYSIS OF THE CONSEQUENCESOF ABANDONING RACE AS A FACTORIN LAW SCHOOL ADMISSION DECISIONS LINDA F.WIGHTMAN* The use of affirmative action policies in school admissions has been acontinuing source of controversy.In the wake of Hopwood,it is un-clear if their continued use will even be possible.In an effort to in-form the debate,Professor Wightman has engaged in acomprehensive empirical analysis to examine the impact of aban-doning considerations of race and ethnicity in the law school admis-sion process.Using data obtained from students who applied to lawschools in 1990-1991 and from Fall 1991 first-year law students,sheexamined the likely effects of an admission policy that relied exclu-sively on LSAT scores and undergraduate grade-point averages.Countering arguments that affirmative action policies merely reallo-cate minority students among schools,Professor Wightman's studyindicates that such a“numbers only”policy would result in a sharpincrease in the number of minority applicants who would be deniedaccess to a legal education,not just at the schools to which they ap-plied,but to any of the law schools included in the study.In strikingcontrast to the decline in admission rates,Professor Wightman found no significant differences in he graduation rates and bar passagerates between those minority students who would have been acceptedto law schools and those who would not.Thus a“numbers only”policy would deny a legal education to many minority applicants whowere fully capable of the rigors of legal education and of entering thelegal profession.Professor Wightman also examined whether any ofseveral factors,such as socioeconomic status,could serve as an effec-tive proxy for race and ethnicity in order to achieve a diverse studentbody.None of the factors she studied indicated satisfactory results.In short,Professor Wightman's study shows that affirmative actionpolicies are likely a necessary prerequisite to maintaining a diverseyet capable law school student body. # INTRODUCTION Questions about what role,if any,race should play in a variety ofdecisions ranging from awarding government contracts to offering ad-mission to undergraduate,graduate,or professional school programshave attracted considerable public attention and debate in recentyears.1 This study focuses on empirical data related to only one ofthose questions—the role of race as a factor in the law school admis-sion process.In order to bring forward current data and statistical andpsychometric models that can inform the discussion,this study exam-ines,first,statistical evidence that law school admission practices pro-vide preference to applicants of color and,second,the potential effecton the ethnic makeup of legal education today if those practices areabandoned.The results reported here sometimes support—and othertimes refute—assertions about the applicant pool,the Law SchoolAdmission Test(LSAT),and the admission process that frequentlyare incorporated into the competing legal and social arguments putforth during discussion of affirmative action issues. The debate over the role of affirmative action in the law schooladmission process is closely linked to the difference in opinions aboutthe role of the two most commonly used quantitative predictors offuture academic performance—undergraduate grade-point averages(UGPAs)and scores on the LSAT,a standardized multiple-choice test of acquired reading and reasoning skills.2 The disagreement is fueled,in part,by a perceived tension between two approaches to admissions.On the one hand,there is support for achieving diversity in studentenrollment through consideration of the race of applicants as one ofthe numerous factors evaluated.On the other,there is support forlimiting consideration strictly to competitive indicia of an applicant'sindividual academic achievem

FAQs

What question does the study focus on regarding race in law school admissions?

It examines the role of race as a factor specifically in the law school admission process, using empirical data to assess outcomes under different admission policies.

What happens under a “numbers only” admissions policy that uses only LSAT scores and UGPA?

Such a policy would sharply increase the number of minority applicants denied access to legal education, not only at the schools they applied to but across the law schools included in the analysis.

Does eliminating race affect minority students’ graduation and bar passage outcomes?

No significant differences are found in graduation rates and bar passage rates between minority students who would have been accepted and those who would not.

Can socioeconomic status or other factors serve as a proxy for race and ethnicity to achieve diversity?

The study finds that none of the examined factors, including socioeconomic status, provides satisfactory results as an effective proxy.

Sep 2, 2026

Upload by Liam