University of Arkansas at Little Rock William H. Bowen School of Law

Law is not an especially racially diverse profession. More than 93 percent of partners are white, and less than two percent are black, according to 2013 statistics from NALP. A little over four percent of associates are black. A single African American lawyer argued before the U.S. Supreme Court in the entire OT 2012. By contrast, African Americans account for approximately 13 percent of the U.S. population.

Perhaps you think these statistics reflect persistent, pervasive race bias, even hatred. Perhaps you worry, as I do, that many good potential lawyers are excluded from the profession by a combination of obstacles that disproportionately affect the black community. Or perhaps you think many African Americans are just too damned smart to board the sinking ship that you think is the American legal world’s “New Normal.”

For purposes of present discussion, let’s say that, ceteris paribus, increasing the number of black lawyers would be good. How should law school admissions policies promote this goal?

Last Friday, Elie wrote about a Daily Caller article revealing plans at the University of Arkansas at Little Rock’s Bowen School of Law. The plans involved faculty discussion of a new admissions program designed to recruit more black law students. Elie decried the article, lauded the proposed program, and suggested that it was not unconstitutional. Dan Greenberg, quoted in both the DC article and Elie’s, responded.

I agree with Elie that the DC article was lousy — poorly researched, misleadingly written, and blatantly inflammatory. I agree with Dan Greenberg, however, that UALR’s proposal almost certainly would not withstand the strict scrutiny analysis required of race-based admissions programs.

What is so wrong with admissions policies like this one? Even if we agree that encouraging and including more black law school applicants is a good thing, there are fairer, constitutionally permissible ways to achieve that goal without relying on ham-fisted race-based criteria. Ironically, we need look no further than the text of the LEAP proposal itself to see an example….

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Regardless of what you think about affirmative action, can we at least agree that it is a complicated issue? Can we at least agree that the vagaries of constitutionally permissible racial conscious admissions programs are subtle? Is it too much to ask that when reporters try to get the public to freak out about affirmative action proposals, they at least read the proposals first?

The Daily Caller got a hold of an affirmative action story yesterday, and they totally blew it. They’ve got a juicy headline: “Will public law school push affirmative action in secret?” And they’ve got a really crazy hook: “[The law school] would allow [disadvantaged minorities] to study a different curriculum and take different tests than other students pursuing the same studies.”

Well damn, if a law school was pushing a secret plan to allow minorities to take different tests than everybody else at the law school, that would be outrageous! And unconstitutional! And generally horrible.

Good thing that’s not at all what any law school is contemplating…

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Got a pedigree problem?

* The Supreme Court isn’t sure how to address restitution in this child pornography case, but the justices agreed that they didn’t like the “50 percent fudge factor” offered by a government attorney. [New York Times]

* No, stupid, you can’t strike a juror just because he’s gay. By expanding juror protections to sexual orientation, the Ninth Circuit recently added a new notch on the gay rights bedpost. Progress! [Los Angeles Times]

* The Privacy and Civil Liberties Oversight Board says the NSA’s domestic surveillance program is illegal and should be stopped. Sorry, Edward Snowden beat you to the punch on that one. [New York Times]

* While Blank Rome was busy denying a possible merger with Nixon Peabody, it picked up 21 attorneys from two small firms in California to open a San Francisco office. Sneaky. [Philadelphia Business Journal]

* Dennis T. O’Riordan, the ex-Paul Hastings partner who faked his credentials, was disbarred — not in New York, where he claimed he was admitted, but across the pond in the United Kingdom. [Am Law Daily]

* The ABA Journal wants to know if your law firm considers law school pedigree during its hiring process. Please consider the law schools your firm shuts out from OCI, and respond accordingly. [ABA Journal]

* Word on the street is UALR School of Law is trying to push an affirmative action program that’s “likely unconstitutional.” It might also be insulting to prospective minority students, so there’s that. [Daily Caller]

A law professor’s reaction to the post-graduate employment market.

You learn a lot about people and institutions when they are desperate. You learn a lot about people by the way they respond to adversity. You learn a lot about people when they are backed into a corner, staring into an abyss, as the walls are crumbling around them. Some people rise to the occasion: England during the blitz, Ali in the jungle, that one time I needed to do a shot at the Cancun airport to complete my “100 drinks during Spring Break” pledge.

When faced with real adversity, most people, most of the time, soil themselves and end up a bloviating mess of hypocrisy and protectionism: McCain picking Palin, The French, me begging for a ‘C’ in French even though my wife did all my homework.

I think the vanguard of the American legal academy has reached that sad, embarrassing stage where they are willing to say anything, to anybody, in a desperate attempt to prop up the notion that law school is a good idea. Today we’ve got video of a guy, an associate dean, “defending” the current system of legal education with a full assault on reason.

And I think it’s sad. A people should know when they’re beaten. Instead of fighting for an old way that hurts students, you just wish people like this could seize this opportunity to talk about a new system that isn’t based on taking advantage of people. Instead, it’s just another law professor who is still hoping that prospective law students are “too stupid” to understand math and logic…

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Every now and again, a foreign news agency picks up a story from The Onion as fact and the world snickers behind their back. A Chinese state-run paper and a South Korean paper picked up Kim Jong Un’s election as the “Sexiest Man Alive.” The Iranians ran with an Onion story that rural whites “would rather vote for Iranian President Mahmoud Ahmadinejad than President Barack Obama.”

And everyone falls for the Daily Currant because it’s not really funny.

One law school is now prominently displaying its award as the “Most Amazing Place to Get Smart” from a local satirical newspaper…

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Instead of grades, maybe we should just give law students boxes of tissues? One box if you did really well, five boxes if you stink but nobody has the heart to tell you.

As we mentioned in Morning Docket, there is a law professor running around arguing that C’s should no longer be given to law students.

Because getting C’s makes law students sad. Eliminating C’s would improve the ““psychological well-being” of law students.

How do you say “how did I beat you” in Mandarin?

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‘I love drowning in debt with you, sweetie!’

So you want to go to law school, huh? Well, you better be going to get a JD instead of an MRS — unless you’re going to law school in the Deep South. If that’s the case, then perhaps you’re expecting your degree to be accompanied by an apron. For the guys, it looks like you don’t even have to be in Texas anymore to get your 3500 square-foot wife.

One Southern school seems to be using the possibility of finding romance as one of its marketing ploys. Perhaps if prospective students think they’ll be getting something out of law school other than a raw deal, a mountain of debt, and grim job prospects, they’ll be more likely to enroll.

Because apparently two miserable lawyers are better than one….

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