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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.

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