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Thursday, February 23, 2006

California Enforcing Lower Standard For Colored Lawyers

Courtesy of John Rosenberg, here's an article praising the ABA's new "diversity" standard on the theory that it will require California law schools to create more African American attorneys.

Putting aside the issue of Proposition 209, to the extent that as a result of the new standards California law schools bend their admissions standards in some legal or illegal way to admit more African American matriculants, it's not clear that this will have much of an effect on the number of African American lawyers, or that it would worth the cost if it did.

According to the very same article, only 33% of first-time African American bar exam takers in California passed, compared to 69% of whites. Some implications that seems rather obvious to me: (1) California (and the ABA) can most easily increase the number of African American attorneys by either (a) making the bar exam easier; (b) abolishing it altogether; or (c) finding some way to increase the passage rate for African Americans; and (2) Given that 2/3 of African American bar exam takers are already failing the bar exam on their first try (and that does not account for students who failed out of law school and never took the bar), and that many of those who fail the first time will never pass, where is the logic in encouraging law schools to admit even more African American students, unless there is some evidence that these students will be stronger than recent crops of students?

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