By: Vernellia R. Randall
Institutional racism occurs where an institution adopts a
policy, practice, or procedure that, although it appears neutral,
has a disproportionately negative impact on members of a racial or
ethnic minority group. Law schools engage in institutional racism
by using the Law School Admissions Test (LSAT) as the sole or
determining factor in admission.
This misuse of the LSAT is devastating to all minorities, but is
particularly devastating for Blacks and Latinos. Using the LSAT
cuts in half the number of Black and Puerto Rican students who
would be admitted based on their performance in college, as
reflected in their Undergraduate Grade Point Average (UGPA). Over
the last ten years, the enrollment of Blacks and Mexican Americans
in law schools has decreased. This decrease has come about despite
an increase in the number of applications, the rise in average UGPA
of these applicants, and an increase in their average LSAT
score.
This paper objects to the use of cut-off scores, or any
admission process that has a disparate impact on Blacks and other
minorities. Law schools have many competing objectives and we
should not let a measure of skills that is as imperfect as the LSAT
dominate admission decisions.
We certainly should not tolerate, much less engage in, any
institutional or systemic racism.