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12 T. Marshall Law Review 359 (1986)
The Law School Admission Test as a Barrier to Almost Twenty Years of Affirmative Action

handle is hein.journals/thurlr12 and id is 373 raw text is: THE LAW SCHOOL ADMISSION TEST AS A
BARRIER TO ALMOST TWENTY YEARS OF
AFFIRMATIVE ACTION
EuLIus SIMIEN*
I. INTRODUCTION
The purpose of this article is to review the accomplishments and
failures of affirmative action in the legal educational arena over the
last fifteen to twenty years. The most substantial accomplishments have
been significant increases in the enrollment of minorities, other than
Blacks,1 into American law schools.2 At the same time, affirmative
action efforts have wholly failed to significantly increase Black enroll-
ment in law school. In an effort to review these accomplishments and
failures, this article reviews statistics on representation of females, Blacks
and other minorities in the bar and in law schools. These statistics
will show that although females3 and other minorities4 are not yet pro-
portionally represented in the bar,5 an end to this disparity is in sight.
* J.D., Louisiana State University Paul M. Herbert Law Center; LL.M., Columbia Univer-
sity School of Law; Assistant Professor, Louisiana State University Paul M. Herbert Law Center.
An earlier draft of this article was submitted by Professor Simien in partial fulfillment of the
requirements for a seminar in legal education while he was a J.S.D. Candidate at Columbia
University School of Law. Professor Simien graciously thanks Peter L. Strauss and George A.
Bermann for their insightful comments and recommendations. He is also grateful for assistance
from Dennis Anosike, research assistant of Louisiana State University. Although these individuals
greatly contributed to the final product, Professor Simien acknowledges that all of the views
expressed are his own and do not necessarily reflect their views.
1. Unless indicated otherwise, whenever the terms Black or Blacks are used in this article,
it is meant to refer to non-hispanic Blacks, hispanic Blacks are included in the term other
minorities.
2. Although there is no way to verify the connection between these increases and affirma-
tive action efforts, it is noteworthy that significant increases in their enrollment have coincided
with these efforts. However, much of the increase in female enrollment has been due to an in-
creased interest by females. In the years between 1980-81 through 1984-85, the Law School Ad-
mission Test (LSAT) scores of females were no more than 0.5 points less than males LSAT
scores also, in each of those years, the average Grade Point Average (GPA) of females was
better than males GPA's. See Law School Admission Council's National Statistical Report.
3. Females are a traditional educational minority because of their past gross underrepresen-
tation in the nation's educational system.
4. Whenever the term, Hispanic, is used in this article it is meant to refer to Hispanics
(both Black and non-Black) and other racial minorities.
5. According to the 1980 United States Census, 51.4201o of the population were females

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