News

Law schools, measures of merit and the public's perception of the legal profession

by Leo Romero , July 11, 2007

I see the affirmative action debate and the role of the LSAT (Law School Admissions Test) in that debate as the major challenges facing this organization - and legal education - over the next several years.

The last thirty years have seen an opening up of law schools and the legal profession to women and people of color. When I started law school in 1965, only one woman and one Black were in my class. All of my professors were white men. Nationally, the picture was no different. Only 4 percent of the law students entering in the years from 1965 to 1968 were women - and the percentage of minorities was even lower. At that time, law schools didn't even keep track of minority enrollment.

Last year, the picture was very different. Look at almost any law school today and you see minority students and minority faculty, although not enough.... We have made tremendous progress, not only in transforming legal education, but also in transforming the face of the legal profession. Our task, however, is not complete. And it is becoming more difficult with the recent attacks on affirmative action policies and practices in law school admissions....

At law schools throughout the Fifth Circuit [U.S. District Court], which decided the Hopwood case [which disallows the use of race as a factor in college admissions], minority applications have dropped significantly.... The real shocker, however, occurs when one considers a particular school. For example, the effect of Hopwood at the University of Texas shows . . . [that] applications from Black students fell 42 percent this year, and eleven have received offers. For Hispanics, the number of applicants dropped by 16 percent, and thirty-three have been admitted.

Even more disturbing is the outcome. On May 21, the Dallas Morning News reported that only one Black student has agreed to enroll in the University of Texas Law School's entering class next fall, and only twelve Hispanic students have sent in tuition deposits to secure a place.

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