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95 N.Y.U. L. Rev. 1860 (2020)
Beyond "Valid and Reliable": The LSAT, ABA Standard 503, and the Future of Law School Admissions

handle is hein.journals/nylr95 and id is 1859 raw text is: 













                               NOTES


   BEYOND VALID AND RELIABLE: THE

     LSAT, ABA STANDARD 503, AND THE

   FUTURE OF LAW SCHOOL ADMISSIONS


                     EREMIPAGAMO M. AMABEBE*


    For nearly a century, the American Bar Association (ABA) has overseen the stan-
    dards governing accredited law schools, which in turn constitute the primary
    pathway to the practice of law in the United States. ABA Standard 503 requires that
    all such schools use a valid and reliable examination to assess candidates for
    admission. Currently, the Law School Admission Test (LSAT) is the only exami-
    nation that the ABA has officially recognized as satisfying the standard. However,
    the LSAT  now approaching its eightieth year has strayed far from the purposes
    it was originally designed to serve. Once a simple tool to aid in the assessment of
    diverse applicants, it has in recent decades become a significant barrier to entry with
    disparate negative impacts on women, racial minorities, individuals of low socio-
    economic status, and, perhaps most egregiously, those with disabilities. This Note
    argues that Standard 503 should be rescinded. Such a step is necessary both to
    stimulate innovation in law school admissions and to fulfill the ABA's mandate of
    promoting diversity in the legal profession and serving the larger public good.


INTRODUCTION     .................................................    1861
    I.  THE  LSAT IN ITS HISTORICAL CONTEXT ............... .1864
        A.  The  Pre-LSAT World ............................... 1864
        B.  The  Creation  of the LSAT .......................... 1867
        C.  The  Post-LSAT World .............................. 1869
        D.  The  LSAT and ABA Standard 503 ................. 1875
   II.  LITIGATION   CHALLENGES TO THE LSAT UNDER THE
        ADA ................................................... 1876
        A.  The  LSAT,   Speededness,   and  the Practice of
            Flagging   .......................................... 1877


   * Copyright © 2020 by Eremipagamo M. Amabebe. J.D., 2020, New York University
School of Law; B.A., 2006, Columbia University. I would like to thank Professor Kwame
Anthony Appiah for his support and guidance throughout the writing process and for his
seminar, The Life of Honor, which provided the original inspiration for this Note. I would
also like to thank my husband, Jan, my mother, Anna, my sisters and brother, family, and
friends for their encouragement and support during the past three years and beyond. My
heartfelt gratitude also goes to my colleagues on the New York University Law Review,
from whom  I have learned so much. In particular, I'd like to thank Jessica Li, Anna
Applebaum, Samantha Morris, and the many other editors who helped this piece to publi-
cation. Finally, I thank my father for his unflinching belief in me, for his magic, and for
providing me with a model of how to live wellt.

                                    1860


Imaged  with Permission of N.Y.U. Law  Review

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