achieving diversity in the legal profession through the educational pipeline prepared by the aba...

Achieving Diversity in the Legal Profession through the

Educational Pipeline

Prepared by the ABA Council For Racial and Ethnic Diversity

in the Educational Pipeline

Overview• The diversity pipeline:

What is it?Why is it important?

• Leaks and blockages along the pipeline• The numbers:

Early education dataLaw school demographicsLaw school admission shut-out ratesBar passage rates

American Bar Association Pipeline Council

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Overview (continued)

• Impact of the numbers onThe legal professionThe judiciary

• Interventions – what works• What YOU can do• Resources


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What Is the Educational Pipeline?

• The educational route to the legal profession for students

• Encompasses early education (Pre-K to 12), • College (2-year and 4-year), and law school

(including the bar exam)


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Why Is It Important?• A robust, diverse educational pipeline ensures

continued diversity in the profession and judiciary

• Visible diversity in the legal profession and judiciary supports the public’s trust and confidence and enhances perceptions of fairness in the legal system

• The pipeline is the pathway to success in the profession


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Why Is It Important? (continued)

• Lawyers occupy critical leadership positions and engage in policymaking impacting our communities

• Lawyers account for:100% Judges50% U.S. Presidents58% U.S. Senators37% U.S. Representatives40% Governors11% Major CEO’s

(Data current as of 2012)


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Why Is It Important? (continued)

• The educational pipeline is the pathway to a successful career in the law

• A law degree and legal experience open doors and create opportunities unlike many other professional credentials:“Always make the choice that brings you more choices” – choosing the legal profession leads to better options


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Critical Leaks Along the Pipeline

• Achievement gap• Dropout and expulsion rates in early years• Community college pipeline• Disparities in law school admissions and

academic support programs• Law school admission shut-out rate• Bar passage rates


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The Achievement Gap• The disparity in academic performance between

groups of students

• Achievement gap shows up in grades, standardized test scores, course selection, dropout rates, and college completion rates, among other success measures

Source: Education Weekhttp://www.edweek.org/ew/issues/achievement-gap


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http://www.edweek.org/ew/issues/achievement-gap

The Achievement Gap (continued)

• The promise of a quality education is an important civil and human right that has yet to be fully realized in the American public education system (see NAACP Fact Sheet- African Americans and Education).

• We need to focus on the documented gaps in educational opportunity and achievement that separate low income students and students of color from others

Source The Education Trust, http://www.edtrust.org/sites/edtrust.org/files/USA_0_0.pdf


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Achievement Gap (continued)Source: The Education Trust

hhttp://www.edtrust.org/sites/edtrust.org/files/USA_0_0pdf

Group 4th Grade Proficiency

2007 National Assessment

8th Grade Proficiency

2007 National Assessment

High School Graduation

Rates

Public College Graduation

Rates

African American

14% 11% 59% 41%

Asian 44% 49% 90% 64%

Latino 17% 15% 61% 46%

Native American

20% 17% 62% 38%

White 41% 41% 91% 57%


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The Achievement Gap (continued)• In 2006–07, approximately 16 percent of all elementary

and secondary public school students (or 7.7 million students) attended high-poverty schools including:

See US DOE, National Center for Education Statistics,

http://nces.ed.gov/ccd/pubschuniv.asp


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Group % Attending High Poverty Schools

African American 33%

Latino 35%

American Indian/ Alaska Native

25%

Asian Pacific Islander 13%

White 4%


Achievement Gap (continued)

• Percentage of Public Elementary and Secondary School Students in High-Poverty Schools by Race/Ethnicity and Locale:

School Year 2006–07Source: U.S. Department of Education, National Center for Education Statistics, Common Core of Data, Public Elementary/Secondary School Universe Survey, 2006–07,


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The Achievement Gap (continued)

• Data show that low-income students and students of color achieve at high levels when schools and school systems are organized to support student successSource: The Education Trust, Education Watch (April 2009)

• Investment in early childhood development for disadvantaged children provides a high return to society through increased personal achievement and social productivitySource: www.heckmanequation.org


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http://www.heckmanequation.org/

Drop-Out Rates • Nationwide, 7,000 students drop out of school every day; only

about 70 percent of students graduate from high school with a high school diploma. See U.S.DOE, ttp://nces.ed.gov/ccd/pubschuniv.asp

• Two thousand high schools in the United States produce more than half of all dropouts. A recent study suggests that in the 50 largest cities, only 53 percent of students graduate on time.

• Research shows that children of color attend “dropout factories” at significantly higher rates. See Comm. on Educ. and Labor, http://www.edlabor.house.gov/.../o5/high-school-dropout-crisis-thr.shtml


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http://www.edlabor.house.gov/.../o5/high-school-dropout-crisis-thr.shtml

http://www.edlabor.house.gov/.../o5/high-school-dropout-crisis-thr.shtml

Drop-Out Rates (continued)16 to 24 year olds by Race/Ethnicity

Source: US DOE National Center for Education Statistics, Condition of Education, Indoator 20,NCES2009-081


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Year Total- includes groups not shown separately

White Latino

2000 10.9 6.9 27.8

2001 10.7 7.3 27.0

2002 10.5 6.5 25.7

2003 9.9 6.3 23.5

2004 10.3 6.8 23.8

2005 9.4 6.0 22.4

2006 9.3 5.8 22.1

2007 8.7 5.3 21.4

School to Prison Pipeline (STTP)

What is the “School to Prison Pipeline”?

Policies and practices pushing school children, in particular minority and low income students,out of the classroom and into the juvenile and criminal justice system

See What is the School to Prison Pipeline? ACLU athttp://www./ac;ui/prg/raciial-justice/what-school-prison-pipeline


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http://www./ac;ui/prg/raciial-justice/what-school-prison-pipeline

School to Prison Pipeline (continued)

Factors Accounting for the STPP: • Inadequate resources in public schools• Zero-tolerance and other school discipline

(increase in school suspensions from 1.7M in 1974 to 3.1M in 2000)

• Increased reliance on police• Disciplinary alternative schools• Juvenile detention facilities• Barriers to re-entry into traditional schools


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Models for addressing the STPP:

• School-Wide Positive Behavioral Interventions and Supports (SWPBS)See http://www.dignityinschools.org/print/247

• Restorative Justice PracticesSee http://www.ousd.k12.ca.us/restorativejustice


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http://www.dignityinschools.org/print/247

http://www.ousd.k12.ca.us/restorativejustice


Proposed Federal Legislation to address STPP: • Annual reporting of disciplinary indicators • Mandatory technical assistance with disparate

rates of exclusionary discipline • Federal funds to develop inclusive approaches to

school disciplineSee Dismantling the School to Prison Pipeline, NAACP Legal Defense Fund

(LDF)See LDF Testimony 12/10/12, US Senate Committee on the Judiciary,

Subcommittee on Constitution, Civil Rights and Human Rights http://www.naacpldf.org/case/school-prison-pipeline


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http://www.naacpldf.org/case/school-prison-pipeline

College Enrollments

•Race and family income are highly correlated with whether a student immediately enrolls in college. •The immediate college enrollment rates of high school graduates from low and middle-income families trailed those of their peers from high-income families by more than 10 percentage points in each year between 1972 and 2007.

Source: US DOE “The Condition of Education 2009”


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College Enrollments (continued)

• In 2007, the enrollment rate gap between students from low and high-income families was 23 percentage points and the gap between students from middle and high-income families was 15 percentage points.

• In 2007, the immediate college enrollment rate was 70 percent for white high school graduates and 61 percent for Latino high school graduates, compared with 56 percent for African American high school graduates.Source: US DOE, “The Condition of Education 2009”


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Law School Applicants: Interest In Law As Freshmen by Race/Ethnicity and Gender

Source: LSAC 2013, Behind the Data, Freshman Survey


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2006 College Graduation RatesSource: The Education Trust,

Education Watch National Report, April 2009

Group Graduation Rate

African American 41%Asian/Pacific Islander 64%Latino 46%American Indian/ Alaska Native 38%Whites 57%


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Community College Pipeline

• Two-year institutions are becoming more popular starting points for law school applicants

• Students who begin undergraduate education at two-year colleges perform comparably to those who begin at four-year institutions in both law school admission success and first- year law school performanceSee LSAC Report: “From Two-Year Institutions to Law School”


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Community College Pipeline (continued)

Community colleges have historically enrolledapproximately half of all undergraduate students ofcolor.Who is attending?• 7.7 million students enrolled• Average age: 28 years old• Whites: 54%• Hispanic: 16%• Black: 14%• Asian/Pacific Islander: 6%• Other/Unknown: 11%

Source: Graphic Sociology at http://thesocietypages.org/graphicsociology/2012/07/23/demographics-of-community-colleges-in-america/


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http://thesocietypages.org/graphicsociology/2012/07/23/demographics-of-community-colleges-in-america/

http://thesocietypages.org/graphicsociology/2012/07/23/demographics-of-community-colleges-in-america/


Community colleges are an important access point for low-income and poorer students:• Between 1989-1990 and 2009-2010 community college graduations increased at a greater pace than initial enrollments• During the 2007-2008 period, community colleges enrolled 1.7M or 41% of all undergraduate students living in poverty• During 2007-2008 one in five community college students lived in povertySee Why Access Matters: The Community College Student Body athttp://www.aacc.nche.edu/Publications/Briefs/Documents/PB_AccessMatters.pdf


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http://www.aacc.nche.edu/Publications/Briefs/Documents/PB_AccessMatters.pdf


• Increasing law school recruitment efforts at two-year colleges may positively impact the diversity of future applicant pools

• More law school applicants, especially Hispanic/Latino applicants, are beginning their undergraduate education at more racially diverse two-year institutions

• Given increased intuition, population shifts, and the current economic climate, trend is likely to continue

See LSAC Report: “From Two-year Institutions to Law School”


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Issues Impacting Law School Disparities

• Admissions practices• Shut-out rates • Law school rankings• Law school enrollment, tuition, debt• Financial support (needs vs. merit based) • Academic support and bar preparation programs• Stereotype threat/Implicit bias• Working within affirmative action limitations


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Admissions Practices

Law school admissions criteria track key factors accounting for US News Rankings:

LSATGPA

•No consideration is given to factors that account for the successful practice of law as outlined in studies by Marjorie Shultz and Sheldon Zedeck(Shultz & Zedeck, Identification, Development and Validation of Predictors for Successful Lawyering, 2009)


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Admissions Practices (continued)

Shultz & Zedeck Factors:

•Shultz & Zedeck identified 26 factors for effective lawyers and testing tools that supplement the LSAT

•Testing tools are race neutral


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Shultz & Zedeck Factors (continued)

• Analysis and Reasoning• Creativity/Innovation• Problem Solving• Practical Judgment• Providing Advice & Counsel and Building

Relationships with Clients• Fact Finding• Researching the Law• Speaking• Writing


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• Listening• Influencing & Advocating• Questioning & Interviewing• Negotiation Skills• Strategic Planning• Organizing and Managing (Own) Work• Organizing and Managing Others

(Staff/Colleagues)• Evaluation, Development, and Mentoring• Developing Relationships in Legal Profession


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• Networking and Business Development• Community Involvement and Service• Integrity & Honesty• Stress Management• Passion & Engagement• Diligence• Self-Development• Able to See the World Through the Eyes of Others


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Law School Demographics(See ABA/LSAC Guidebook)

Group 2011 Census 2010

American Indian/Alaska Native .8% 0.9%

Asian 7.1% 4.8%

Black/African American 7.1% 12.6%

Caucasian/White 75.5% 56.1%

Hispanic/Latino 7.5% 16.3%

Native Hawaiian/Other Pacific Islander .3% 0.2%

Two or More Races/Ethnicities 1.7% 2.9%

NOTE: 2010 Census figures do not reflect 6.2% Other ...


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Law School Demographics (continued)(See LSAC Data re: Matriculants)

Group Fall 2010 Fall 2011

American Indian/Alaska Native 0.4% 0.4%

Asian 7.1% 7.7%

Black/African American 7.2% 7.2%

Caucasian/White 65.9% 60.5%

Hispanic/Latino 6.1% 5.9%

Puerto Rican 1.6% 1.8%

Two or More Races/Ethnicities 3.8% 5.5%


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Law School Shut-Out RatesThe numbers of student applicants who are not accepted at ANY law schoolSource: LSACNet.org, (See Data Volume Summaries by Ethnic and Gender Group and

LSAT Technical Report 08-03). Includes all ABA-accredited schools.


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ApplicantGroup

Total Applicants

Mean LSAT Score

Total Admitted

Shut-Out Rate

African American

95,870 142 38,240 60%

Asian/Pacific islander

71,240 152 44,710 37%

Hispanic/ Latino

73,880 145 39,490 47%

Native American

6,960 148 4,060 42%

Caucasian 571,300 153 392,630 31%

Law School Rankings

• US News & World Report Law School Rankings influence admissions policies

• Rankings do not include diversity metrics • Rankings do not include factors accounting for

successful practice of law (e.g. Shultz & Zedeck Factors for Effective Lawyering)


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Law School Rankings MethodologySee

http://www.usnews.com/education/best-graduate-schools/top-law-schools/articles/2013/03/11/methodology-best-law-schools-rankings

Quality Assessment (40%): • Peer Assessment (0.25)• Assessment by lawyers/judges (.15)

Selectivity (25%):• Median LSAT Score (.125)• Median undergrad GPA (.10)• Acceptance rate (.025)


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Law School Rankings Methodology(continued)

Placement success (20%)• Employment rates (.04 at graduation and

.14 at 9 mos. after)• Bar Passage (.02)

Faculty Resources (15%):• Expenditures per student:

Support services (.0975) Financial Aid (.015)

• Student/faculty ratio (.03)• Library resources (.0075)


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US News Law School Diversity Index See

http://www.usnews.com/education/best-graduate-schools/top-law-schools/articles/2013/03/11/methodology-law-school-diversity-index

• To identify law schools where students are most likely toencounter classmates from a different race or ethnic group,US News has created a separate index based on totalproportion of full and part time minority JD students (notincluding international students) and the mix of racial andethnic groups on campus during the particular academic year

• The Index ranges from 0.0 to 1.0 with 1.0 being a more diverse student population

• Schools enrolling a large population of students from anyone ethnic group won’t receive a high diversity index number, given the low likelihood that a student at that school will encounter

students from different ethnic groups other than their own


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Law School Enrollment, Tuition, Debt• Applications dropped to 54,000 annually• First Year enrollment down to under 40,000

from 50,000 in 2010• Average tuition has risen to $40,000/year from

$23,000 in 2001• Average debt per graduate risen to $125,000 in

2011 from $70,000 in 2001• Jobs are scarce—especially for graduates from

lower tiered schoolsSee “The Lawyer Bubble” by Stephen J. Harper


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Financial Support

• Law schools compete for admission of top students to improve law school rankings

• Emphasis on merit-based scholarships to attract high-performing students (instead of needs-based scholarships to attract low income, underrepresented and diverse students)


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Academic Support and Bar Preparation Programs

• Academic support has been a critical factor in increasing the performance of students from low socio-economic and diverse backgrounds

• Many academic support programs have extended services to the entire student body to increase bar passage rates for accreditation and ranking purposes. This has often resulted in the dilution of services to students from low socio-economic and diverse backgrounds.


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Stereotype Threat/Implicit Bias

• Understanding and addressing concepts of Stereotype Threat and Implicit Bias are critical to positive support, confidence and performance of diverse students throughout law school and bar exam preparation


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Stereotype Threat/Implicit Bias (continued)

• Stereotype threat: negative expectations communicated to students (in particular minority/low income students) resulting in low performance

See additional resources at http://reducingstereotypethreat.org/definition.html


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http://reducingstereotypethreat.org/definition.html

Stereotype Threat/Implicit Bias(continued)

• Implicit biases are those that we carry without awareness or conscious direction. These biases are learned unconsciously through exposure to social stereotypes and attitudes.

• Performance, or the perception ofperformance, is also impacted by theunconscious mental processes found in theminds of those with whom we interact


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Stereotype Threat/Implicit Bias (continued)

• Implicit bias impacts classroom environment, curriculum, and ultimate performance of students

See http://www.equaljusticesociety.org/law/implicitbias/

• Implicit Association Tests developed at Harvard, University of Virginia and University of Washington to measure unconscious bias.

For Implicit Association Test (IAT) see https://implicit.harvard.edu/implicit/demo/


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http://www.equaljusticesociety.org/law/implicitbias/

http://www.equaljusticesociety.org/law/implicitbias/

https://implicit.harvard.edu/implicit/demo/

Affirmative Action Limitations• State Propositions:

• California: Proposition 209http://law.onecle.com/california/constitution/article_1/31.html• Michigan: Proposal 2http://www.civilrights.org/equalopportunity/michigan/proposal_text.html

• Washington: Initiative 200http://www.secstate.wa.gov/elections/initiatives/text/i200.pdf

• Fisher v. TexasFor SCOTUS decision seehttp://www.supremecourt.gov/opinions/12pdf/11-345_l5gm.pdf

For commentary pending SCOTUS decision see:http://www.lawyerscommittee.org/projects/educatoin/page?id=0003and http://en.wikipedia.org/wiki/Fisher_v._University_of_Texas


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http://law.onecle.com/california/constitution/article_1/31.html

http://www.civilrights.org/equalopportunity/michigan/proposal_text.html

http://www.secstate.wa.gov/elections/initiatives/text/i200.pdf

http://www.supremecourt.gov/opinions/12pdf/11-345_l5gm.pdf

http://www.lawyerscommittee.org/projects/educatoin/page?id=0003

http://en.wikipedia.org/wiki/Fisher_v._University_of_Texas

2012 Bar Passage DataSee National Committee of Bar Examiners

http://www.ncbex.org/assets/media_files/Bar-Examiner/articles/2013/8201132012statistics.pdf

Source: ABA Committee of Bar Examiners


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2012 Total Minorities Taking Exam

Passing % of Total Passing

TOTALS 82,920 55,253 67%Note: ABA and National Committee of Bar Examiners do not collect disaggregated demographic info for bar passage

For an example of detailed demographic data seeThe State Bar of California site at: http://admissions.calbar.ca.gov/Portals/4/documents/gbx/JULY2012STATS.122112_R.pdf



http://admissions.calbar.ca.gov/Portals/4/documents/gbx/JULY2012STATS.122112_R.pdf

http://admissions.calbar.ca.gov/Portals/4/documents/gbx/JULY2012STATS.122112_R.pdf

Impact of the Pipeline on the Legal ProfessionSource: ABA Lawyer Demographics


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Group Lawyer Data %(Source: ABA)

Population Data(2010 Census)

White 88.1% 56.1%Asian 3.4% 4.8%

Black 4.8% 12.6%Hispanic 3.7% 16.3%Pacific Islander Need disaggregated data

for API lawyers0.2%

Native American No data 0.9%Other Minorities No data 6.2%Two or More Races No data 2.9%

Impact of the Pipeline on the JudiciarySource: ABA Standing Committee on Judicial Independence


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Longevity

Group JudicialDemographics

Population 2010 Census

White 87.8% 56.1%Asian/Pacific Islander 1.3% 5.0%Black 6.5% 12.6%Hispanic 3.5% 16.3%Native American .11% 0.9%Other Minorities .77% 9.1%Totals 100% 100%

Interventions – WHAT WORKS• Educational rigor, teaching critical thinking

skills• Instilling student confidence• Setting goals• Exposure to role models • Longevity/continuity/stability of programs • Long-term investment, not short-term fixes• Data collection, program metrics


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What YOU Can Do

Attorney participation in pipeline programs:• Mentoring • Role models • Speaker bureaus • Internships• Field trips • Mock trial programs• Law-themed schools


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What YOU Can Do

Attorney support for pipeline programs:• Student scholarships for LSAT and bar prep

courses • Support for law-themed school students:

clothing for interviews and internships• Support for law-themed schools: supplies,

trips, events


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Model ABA Programs

• Judicial Clerkship Program

http://www.americanbar.org/groups/diversity/diversity_pipeline/projects_initiatives/judicial_clerkship_program.html

• Legal Opportunity Scholarship

http://www.americanbar.org/groups/diversity/diversity_pipeline/projects_initiatives/legal_opportunity_scholarship.html

• Judicial Intern Opportunity Program (JIOP)http://www.americanbar.org/groups/litigation/initiatives/good_works/judicial_intern_opportunity_program.html


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Model School Programs• Legal Outreach

http://legaloutreach.org/?page_id=2

• Thurgood Marshall http://www.thurgoodmarshallacademy.org/

• The Ronald H. Brown Center Prep Program for College Students

http://www.stjohns.edu/academics/graduate/law/academics/centers/ronbrown/prepprogram

• Thomas M. Cooley Law School http://www.cooley.edu/

• UCLA Law Fellows http://www.law.ucla.edu/current-students/get-involved/outreach

%20program/Pages/default.aspx


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Model School Programs (continued)

• Marshall Brennan Constitutional Literacyhttp://www.wcl.american.edu/marshallbrennan

• Street Law, Inc.http://www.streetlaw.org/en/home

• Just the Beginning Foundationhttp://www.jtbf.org/

• For People of Color, Inc.http://forpeopleofcolor.org/


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Model State and Local BarPipeline Programs

• Bar Association of San Francisco (BASF)http://www.sfbar.org/diversity/index.aspx

• The State Bar of California: California Law Academy Strategic Task Force (CLAS) – California Partnership Programs

http://www.cde.ca.gov/ci/gs/hs/cpagen.asp


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ABA Resources

• ABA Council for Racial and Ethnic Diversity in the Educational Pipeline

http://www.americanbar.org/groups/diversity/diversity_pipeline.html

• ABA Center for Racial and Ethnic Diversityhttp://www.americanbar.org/groups/diversity.html

• ABA Diversity Portalshttp://www.americanbar.org/portals/diversity.html


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ABA Resources (continued)

• ABA Standing Committee on Judicial Independence

http://www.americanbar.org/groups/justice_center/judicial_independence.html

• ABA Lawyer Demographicshttp://www.americanbar.org/resources_for_lawyers/profession_statistics.html

• ABA Pipeline Diversity Directoryhttp://www.americanbar.org/groups/diversity/diversity_pipeline/

resources/pipeline_diversity_directory.html


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Other Resources

• Law School Admissions Council (LSAC) http://www.lsac.org/jd/diversity/minorities-in-legal-education.asp

• Discover Lawhttp://discoverlaw.org/

• The Association for Legal Career Professionals (NALP)http://www.nalp.org/fulltextofnalpprinciplesandstandards


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Reports and Publications

• The Educational Pipeline to the Legal Profession: A Thought Paper

http://www.americanbar.org/content/dam/aba/administrative/young_lawyers/thought_paper_resource_on_pipeline_diversity_for_pipeline_council_website.authcheckdam.pdf

• Diversity in the Legal Profession: The Next Steps http://www.americanbar.org/content/dam/aba/administrative/diversity/next_steps_2011.authcheckdam.pdf


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Reports and Publications(continued)

• ABA Judicial Division Report from “Perceptions of Justice” Town Hall meetings

http://www.americanbar.org/content/dam/aba/administrative/lawyers_conference/2011_poj_writtenreport.authcheckdam.pdf (link)

• ABA Publication on Diversity: • Verna Myers – Moving Diversity Forward: How to Go from Well-

Meaning to Well-Doing


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Reports and Publications(continued)

• Add diversity publications from other ABA entities


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achieving diversity in the legal profession through the educational pipeline prepared by the aba...

Documents

educational pipeline

diversity pipeline

diverse educational

legal profession

aba council

continued diversity

education trust

legal system