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57 Stan. L. Rev. 367 (2004-2005)
A Systemic Analysis of Affirmative Action in American Law Schools

handle is hein.journals/stflr57 and id is 381 raw text is: A SYSTEMIC ANALYSIS OF AFFIRMATIVE ACTION IN AMERICAN LAW SCHOOLS Richard H. Sander* INTRODUCTION...................................................................................................... 368 I. A NOTE ON ORIGINS .......................................................................................... 374 II. DEFINING THE ROLE OF RACE IN LAW SCHOOL ADMISSIONS........................... 390 III. THE CASCADE EFFECT OF RACIAL PREFERENCES ........................................... 410 IV. AN ASIDE ON THE VALUE OF ACADEMIC INDICES........................................... 418 V. EFFECTS OF AFFIRMATIVE ACTION ON ACADEMIC PERFORMANCE IN LAW SCHOOL................................................................................................................. 425 VI. EFFECTS OF AFFIRMATIVE ACTION ON PASSING THE BAR .............................. 442 VII. THE JOB MARKET .......................................................................................... 454 VIII. THE EFFECTS OF DROPPING OR MODIFYING RACIAL PREFERENCES............. 468 CONCLUSION......................................................................................................... 478 * Professor of Law, UCLA; Ph.D., Economics, Northwestern University. I owe special thanks to two people who have effectively been collaborators on this project. Patrick Anderson has been my research associate throughout the conceiving and writing of this Article, worked full-time on this project for several months, and will be my coauthor of a forthcoming book on affirmative action. Dr. Robert Sockloskie managed the databases and collaborated on the statistical analyses presented herein. I have received exceptional support from the UCLA School of Law and its Dean's Fund. The Empirical Research Group and its associate director, Joe Doherty, have provided ongoing research support and outstanding technical assistance. The After the JD study, which I have helped steer for the past five years and on which I draw in Part VII, received support from the American Bar Foundation, the National Association of Law Placement, the National Science Foundation, the Soros Fund, the Law School Admission Council (LSAC), and the National Conference of Bar Examiners. The LSAC also supported earlier empirical research of mine that I draw upon in this Article. I received very helpful, detailed comments on early drafts from Alison Anderson, Bernard Black, Evan Caminker, David Chambers, Roger Clegg, William Henderson, Richard Kahlenberg, Lewis Komhauser, James Lindgren, Robert Nelson, James Sterba, Stephan Thernstrom, Jon Varat, Eugene Volokh, David Wilkins, and Doug Williams. I also benefited from comments at symposia at the UCLA School of Law, the Rand Institute for Civil Justice, and the 2004 annual meeting of the Law & Society Association, where I presented earlier versions of this Article. Editors and staff at the Stanford Law Review provided exceptional substantive feedback and editorial support. My wife, Fiona Harrison, provided indispensable intellectual and emotional sustenance throughout this effort, and fundamentally reshaped the Introduction and Part II. I, alas, retain full responsibility for any errors that remain. My deep thanks to all who helped make this work possible. 367

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