LSAC and ABA Announce Development of Adversity Metric for Law School Admissions

LSAC and ABA officials, in collaboration with The College Board, recently announced an ongoing effort to develop an adversity metric for law schools. The metric will be available for use in admissions, and will “contextualize” applicants’ experiences. A similar metric, created by The College Board for college-level admissions, provides insight into the quality of an applicant’s neighborhood and high school. 

During the announcement, Council Research Director, Elizabeth Bodamer described the project’s purpose. “There are thousands of law school applicants each year who have journeyed through barriers, and in spite of it all, have made it through,” Bodamer said. “The big question is: How do we capture this context?” 

While the metric will capture environmental factors impacting an applicant, such as the quality of schools attended, Bodamer explains that it is not able, or intended, to capture the totality of an individual’s experiences. However, in the wake of the 2023 Supreme Court decision disallowing the use of race in admissions, many law schools updated their essay prompts to provide applicants the opportunity to share these formative, individual experiences. 

LSAC officials are already using the metric alongside 2023 admissions decisions to analyze its potential impact. One early insight compares admissions into law school from “high-challenge colleges” versus “low-challenge colleges.” Among low-challenge schools, which are those with higher graduation rates and higher per-student spending, almost all applicants gain admission to law school. Meanwhile, significantly fewer applicants, less than two-thirds, from high-challenge schools receive acceptances. 

Study Shows Affirmative Action Bans Negatively Impact Law Student Diversity

A recent study conducted by law professors at Yale, New York University, and Northwestern confirms what many law schools are fearing amidst last year’s Supreme Court ban on affirmative action. Such bans negatively impact the racial diversity of law student populations.

The study analyzed law school admissions data from 1980 to 2021, across 23 public law schools in 12 states with affirmative action bans. The researchers found that, on average, the bans produced a decline in diversity between 10 and 17 percent, and that “Black and Hispanic students account for nearly all this decline.” 

At highly-ranked schools, the impacts of a ban were magnified. The study found that among included schools ranked in the U.S. News’ Top 20, such as UC Berkeley, University of Michigan, UCLA, and the University of Texas, student diversity fell by between 36 to 47 percent. 

Across all law schools, not just those in states with affirmative action bans, the researchers found that minority students have been underrepresented in 80 to 90 percent of entering law school classes. While the law student population has diversified over time and underrepresentation has decreased, the proportion of minority law students still lags behind that of the population. And, based upon national population statistics, amongst minority law students, Black and Hispanic students have been consistently underrepresented, while Asian students have been overrepresented. 

There is still room for measured optimism. Last year’s entering law class was the most diverse on record. And, mid-cycle data released by LSAC showed this year’s applicant numbers were up and driven by a surge in minority applicants. Hopefully this is a precursor to another record-breaking year.