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 data
Law school demographics
Law school admission shut-out rates
Bar passage rates
American Bar Association
Pipeline Council
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Overview (continued)
• Impact of the numbers on
The legal profession
The judiciary
• Interventions – what works
• What YOU can do
• Resources
American Bar Association
Pipeline Council
3
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)
American Bar Association
Pipeline Council
4
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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Pipeline Council
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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% Judges
50% U.S. Presidents
58% U.S. Senators
37% U.S. Representatives
40% Governors
11% Major CEO’s
American Bar Association
Pipeline Council
(Data current as of 2012)
6
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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Pipeline Council
7
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
American Bar Association
Pipeline Council
8
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 Week
http://www.edweek.org/ew/issues/achievement-gap
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Council
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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
American Bar Association
Pipeline Council
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Achievement Gap (continued)
Source: The Education Trust
hhttp://www.edtrust.org/sites/edtrust.org/files/USA_0_0pdf
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%
Group
American Bar Association
Pipeline Council
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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:
Group
% Attending High Poverty Schools
African American
33%
Latino
35%
American Indian/
Alaska Native
25%
Asian Pacific Islander
13%
White
4%
See US DOE, National Center for Education Statistics,
http://nces.ed.gov/ccd/pubschuniv.asp
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Pipeline Council
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Achievement Gap (continued)
•
Percentage of Public Elementary and Secondary School Students in High-Poverty
Schools by Race/Ethnicity and Locale:
School Year 2006–07
Source: U.S. Department of Education, National Center for Education Statistics, Common Core
of Data, Public Elementary/Secondary School Universe Survey, 2006–07,
American Bar Association
Pipeline Council
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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 success
Source: 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 productivity
Source: www.heckmanequation.org
American Bar Association
Pipeline Council
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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-dropoutcrisis-thr.shtml
American Bar Association
Pipeline Council
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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
Year
Total- includes groups not
White
Latino
shown separately
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
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Pipeline Council
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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 at
http://www./ac;ui/prg/raciial-justice/what-school-prison-pipeline
American Bar Association
Pipeline Council
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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
American Bar Association
Pipeline Council
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School to Prison Pipeline (continued)
Models for addressing the STPP:
• School-Wide Positive Behavioral Interventions
and Supports (SWPBS)
See http://www.dignityinschools.org/print/247
• Restorative Justice Practices
See
http://www.ousd.k12.ca.us/restorativejustice
American Bar Association
Pipeline Council
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School to Prison Pipeline (continued)
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 discipline
See 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
American Bar Association
Pipeline Council
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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 highincome 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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Pipeline Council
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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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Pipeline Council
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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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Pipeline Council
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2006 College Graduation Rates
Source: The Education Trust,
Education Watch National Report, April 2009
Group
Graduation
Rate
African American
Asian/Pacific Islander
Latino
American Indian/ Alaska Native
Whites
41%
64%
46%
38%
57%
American Bar Association
Pipeline Council
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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 performance
See LSAC Report: “From Two-Year Institutions to Law School”
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Pipeline Council
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Community College Pipeline (continued)
Community colleges have historically enrolled
approximately half of all undergraduate students of
color.
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-communitycolleges-in-america/
American Bar Association
Pipeline Council
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Community College Pipeline (continued)
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 poverty
See Why Access Matters: The Community College Student Body at
http://www.aacc.nche.edu/Publications/Briefs/Documents/PB_AccessMatters.pdf
American Bar Association
Pipeline Council
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Community College Pipeline (continued)
• Increasing law school recruitment efforts at twoyear 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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Pipeline Council
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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
American Bar Association
Pipeline Council
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Admissions Practices
Law school admissions criteria track key factors
accounting for US News Rankings:
LSAT
GPA
•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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Pipeline Council
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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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Pipeline Council
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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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Pipeline Council
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Shultz & Zedeck Factors (continued)
•
•
•
•
•
•
•
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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Pipeline Council
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Shultz & Zedeck Factors (continued)
•
•
•
•
•
•
•
•
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
American Bar Association Pipeline
Council
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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 ...
American Bar Association Pipeline
Council
35
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%
American Bar Association
Pipeline Council
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Law School Shut-Out Rates
The numbers of student applicants who are not accepted at ANY law school
Source: LSACNet.org, (See Data Volume Summaries by Ethnic and Gender Group and
LSAT Technical Report 08-03). Includes all ABA-accredited schools.
Applicant
Group
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%
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Pipeline Council
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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)
American Bar Association
Pipeline Council
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Law School Rankings Methodology
See http://www.usnews.com/education/best-graduate-schools/top-lawschools/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)
American Bar Association
Pipeline Council
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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)
American Bar Association
Pipeline Council
40
US News Law School Diversity Index
See http://www.usnews.com/education/best-graduate-schools/top-lawschools/articles/2013/03/11/methodology-law-school-diversity-index
• To identify law schools where students are most likely to
encounter classmates from a different race or ethnic group,
US News has created a separate index based on total
proportion of full and part time minority JD students (not
including international students) and the mix of racial and
ethnic 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 any
one 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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Pipeline Council
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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 schools
See “The Lawyer Bubble” by Stephen J. Harper
American Bar Association Pipeline
Council
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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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Pipeline Council
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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.
American Bar Association
Pipeline Council
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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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Pipeline Council
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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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Pipeline Council
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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 of
performance, is also impacted by the
unconscious mental processes found in the
minds of those with whom we interact
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Council
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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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Affirmative Action Limitations
• State Propositions:
•
California: Proposition 209
http://law.onecle.com/california/constitution/article_1/31.html
•
Michigan: Proposal 2
http://www.civilrights.org/equalopportunity/michigan/proposal_text.html
•
Washington: Initiative 200
http://www.secstate.wa.gov/elections/initiatives/text/i200.pdf
• Fisher v. Texas
For SCOTUS decision see
http://www.supremecourt.gov/opinions/12pdf/11-345_l5gm.pdf
For commentary pending SCOTUS decision see:
http://www.lawyerscommittee.org/projects/educatoin/page?id=0003
and http://en.wikipedia.org/wiki/Fisher_v._University_of_Texas
American Bar Association
Pipeline Council
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2012 Bar Passage Data
See National Committee of Bar Examiners
http://www.ncbex.org/assets/media_files/BarExaminer/articles/2013/8201132012statistics.pdf
2012
TOTALS
Total Minorities
Passing
Source: ABA Committee of Bar Examiners
Taking Exam
82,920
55,253
% of Total
Passing
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 see
The State Bar of California site at:
http://admissions.calbar.ca.gov/Portals/4/documents/gbx/JULY2012STATS.1
22112_R.pdf
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Impact of the Pipeline on the
Legal Profession
Source: ABA Lawyer Demographics
Group
Lawyer Data %
(Source: ABA)
Population Data
(2010 Census)
White
Asian
88.1%
3.4%
56.1%
4.8%
Black
Hispanic
Pacific Islander
4.8%
3.7%
12.6%
16.3%
0.2%
Native American
Other Minorities
Two or More Races
Need disaggregated data
for API lawyers
No data
No data
No data
American Bar Association
Pipeline Council
0.9%
6.2%
2.9%
51
Impact of the Pipeline on the Judiciary
Source: ABA Standing Committee on Judicial Independence
Group
White
Asian/Pacific Islander
Black
Hispanic
Native American
Other Minorities
Totals
Judicial
Demographics
87.8%
1.3%
Longevity6.5%
3.5%
.11%
.77%
100%
American Bar Association
Pipeline Council
Population
2010 Census
56.1%
5.0%
12.6%
16.3%
0.9%
9.1%
100%
52
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
American Bar Association
Pipeline Council
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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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Pipeline Council
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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/center
s/ronbrown/prepprogram
•
Thomas M. Cooley Law School
http://www.cooley.edu/
•
UCLA Law Fellows
http://www.law.ucla.edu/current-students/getinvolved/outreach%20program/Pages/default.aspx
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Model School Programs (continued)
• Marshall Brennan Constitutional Literacy
http://www.wcl.american.edu/marshallbrennan
• Street Law, Inc.
http://www.streetlaw.org/en/home
• Just the Beginning Foundation
http://www.jtbf.org/
• For People of Color, Inc.
http://forpeopleofcolor.org/
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Model State and Local Bar
Pipeline 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 Diversity
http://www.americanbar.org/groups/diversity.html
• ABA Diversity Portals
http://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.ht
ml
• ABA Lawyer Demographics
http://www.americanbar.org/resources_for_lawyers/profession_statistics.html
• ABA Pipeline Diversity Directory
http://www.americanbar.org/groups/diversity/diversity_pipeline/reso
urces/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 Law
http://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_pipelin
e_council_website.authcheckdam.pdf
• Diversity in the Legal Profession: The Next Steps
http://www.americanbar.org/content/dam/aba/administrative/diversi
ty/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/lawy
ers_conference/2011_poj_writtenreport.authcheckdam.pdf (link)
• ABA Publication on Diversity:
• Verna Myers – Moving Diversity Forward: How to Go from WellMeaning to Well-Doing
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Reports and Publications
(continued)
• Add diversity publications from other ABA
entities
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