St. John's Law Review

The Disturbing Correlation Between ABA Accreditation Review and Declining African-American Law School Enrollment

By: John Nussbaumer 

In a recent edition of the St. John’s Law Review, John Nussbaumer argued that ABA accreditation practices have a disparate impact on African-American students.  The studies presented in that article were limited because of his relative inability to identify schools under review by the ABA.  Since that article’s publication, this information has become more readily available.  This article supplements the former article by adding two in-depth case studies.  During the 2002–03, 2003–04, and 2004–05 school years, there were twenty schools that had 25th percentile LSAT scores of 151 or less and that were under review by the ABA Section of Legal Education Accreditation Committee and Council.  Nussbaumer follows these schools over that period, tracking the school’s 25th percentile LSAT scores, the number of African-Americans in attendance at those schools, and the percentage of the schools’ student populations that were African-American.  By way of control, he also follows all nineteen fully or provisionally ABA accredited law schools in California during the same three-year period.  Comparing the two studies, Nussbaumer finds that the ABA accreditation process pressures schools under review to sharply increase their 25th percentile LSAT scores, and that this increase directly results in a large decline in the African-American population at these schools.  For Nussbaumer, these statistics prove that the LSAT is too heavily relied upon in the law school admissions process.  He argues that, unless changes are made, the status quo will continue to prevent qualified African-Americans from joining the legal profession.