The Ronald H. Brown Center for Civil Rights and Economic Development of St. John’s University School of Law held a conference entitled: “The LSAT, U.S. News & World Report, and Minority Admissions.”

September 13, 2005

Queens, N.Y. -- On September 7, 2005, The Ronald H. Brown Center for Civil Rights and Economic Development of St. John’s University School of Law held a conference entitled: “The LSAT, U.S. News & World Report, and Minority Admissions.” The conference brought together academics, admissions’ personnel, and leading gatekeepers to the legal profession. The conference participants examined the impact of the ranking-frenzied atmosphere created by U.S. News & World Report on Black and Latino/a enrollments.

Despite the presence and legality of affirmative action programs, Black enrollment in law schools peaked in 1994 and has declined since then. Professor John Nussbaumer of Thomas Cooley Law School prepared a recent study for the Law Professors’ Division of the National Bar Association (“NBA”), which showed a strong correlation between law schools raising their minimum LSAT scores and declining African American enrollment. The study showed that, between 2002-2004, law schools in New York State, Florida, Illinois, California, and Massachusetts increased their LSAT scores, and Black enrollment plunged. Only three law schools in New York State, which raise their LSAT scores during this period, simultaneously increased their Black enrollment. Of these law schools, St. John’s did the best by increasing minimum LSAT scores by three points with a concomitant 5 percent increase in African American enrollment during this period of time.  

During her keynote speech, Professor Vernellia Randall of Dayton Law School attributed the decline in Black and Latino/a admissions to over-reliance on the LSAT in admissions. Citing her experience as the Director of Academic Excellence at Dayton Law School, Professor Randall advocated for well-designed academic support programs. She said that students with low LSAT scores can graduate from law school and pass the bar exam on the first try. Seattle Law Professor Laurel C. Oates confirmed that in her experience, students with low LSAT scores can improve their performance with “purposeful reading.” Her study found that some students with low law school grades may read the course materials solely for informational purposes, which is insufficient to perform legal analysis. However, Professor Oates noted that purposeful reading is a skill that can be taught.

Robert Morse, Director of Data Research for U.S. News & World Report, stated that “law school rankings are here to stay” because they are useful for consumers. He stated that, although the LSAT is a factor used in its rankings, U.S News “is not responsible for the use of the LSAT in the admissions process” or its overall importance in that decision; he noted that “law schools are the ones that determine who is admitted.” Mr. Morse also discounted the importance of the LSAT in law school rankings. He stated that “This means in most cases, except at some points in the 150-160 LSAT score area, one LSAT point upward will on average not change a school’s overall score by one point and therefore will not change its position in the rankings.”

Phil Shelton, the President of the Law School Admission Council (“LSAC”), which designs the LSAT, acknowledged that “the LSAT was a good, but not perfect measure of an applicant’s potential for success in law school.” However, Mr. Shelton suggested that “law schools should still perform holistic reviews of applicants for admission.” Erica Moeser, President of the National Conference of Bar Examiners, reiterated Mr. Shelton’s confidence in the LSAT as an appropriate measure but declared “that diversity should remain an important factor in admissions.”

Although the LSAT has some predictive value as to law school performance, some panelists expressed concerns over its misuse. Professor Randall believed that, given the fact that the LSAT is not a perfect predictor of law school success, that over-reliance on the LSAT could put law schools at risk to discrimination suits by rejected black and Latino/a applicants. Mr. Shelton, in essence agreed with Professor Randall, and stated that misuse of the LSAT may put law schools at risk for discrimination suits. He specifically stated that “the evidence is very clear that the test has a disparate impact based on race, and if the test is used contrary to LSAC guidelines that could provide a valid basis for proving racial discrimination." Professor Donald Jones, the Chair of the NBA Law Professors’ Division confirmed these concerns. In analyzing a law school’s misuse of the LSAT, Professor Jones stated that “practices that have a disparate impact shift the burden of proof to the law schools and the LSAC to show a valid educational purpose.” In challenging those law schools that misuse the LSAT, Professor Jones declared "Let's test the test and make it subject to validation in a court of law."

As a solution, Professor Randall advocated that the American Bar Association adopt accreditation rules that would penalize law schools that misuse the LSAT by automatically rejecting law school applicants primarily on low LSAT scores.

Notwithstanding the misuse and overuse of the LSAT, other ranking pressures may have an adverse effect on African and Latino/a admissions. On a cautionary note, Indiana Professor Jeffrey Stake predicted that, ”in order to increase their U.S News ranks, law schools will next work to increase their median undergraduate grade point averages (UGPAs)” of their incoming students. He feared that “the combination of increased LSAT and UGPA medians will have a devastating impact on minority admissions."

In an upcoming issue, the St. John’s Law Review will publish several of the papers presented at the conference. 

Contact
Professor Leonard M. Baynes
Director, The Ronald H. Brown Center for Civil Rights and Economic Development
St. John’s University School of Law
baynesl@stjohns.edu
(718) 990-6032

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