<p>Okay b@rium, I see what you mean. I hear this argument a lot. The thinking is that jobs available today are simple enough that qualifications don’t matter. Instead of relying on GPA and interviews, you could number the law students and pick numbers out of a hat, because once you’re qualified, performance can’t be predicted, and most anyone is qualified. Let’s make GPA and everything else not matter – but only do it on the basis of race, and for those races that are underrepresented. This is the thinking, anyway. The result is still an “unfair” system, as far as those whose jobs are taken by the URMs are concerned, but not a system in which performance is systematically decreased, hence not a system in which society as a whole loses out. Just a few ORMs get shafted.</p>
<p>I believe in this, sometimes. I think it’s been shown, for example, that while the SAT is a good predictor of college performance, its predictive power is mostly lost for the top band of scorers at the most elite schools. Sure, whatever. Still doesn’t make it fair for those who are more qualified. Fair would be picking out of a hat. Really fair would be coming up with better qualifications – that do predict job performance at the highest levels. But sure, whatever, pick your favorite race; at least the educational mission is not detracted from.</p>
<p>In the case of Wachtell and Howard Law School, however, I’m sorry to say that my imagination won’t stretch that far. Maybe if Howard were a T20, then I wouldn’t find it ludicrous that it’s recruited in the same category as T1-8. But the difference in question is between 99 percentile LSAT and 55 percentile. Is the LSAT’s predictive power close to zero? I doubt it. If it is, we have bigger problems than racial underrepresentation. The whole system would then be a farce and should be dismantled.</p>
<p>Again, I can’t provide direct evidence from the law firms. Only the law firms themselves can. Yet there are some simple and common metrics that can be used to gauge lawyerly capabilities. These suggest that black lawyers as a whole: 1. benefit from AA policies; 2. are not as capable as their peers.</p>
<p>The first is the bar passage rate. Harvard’s bar passage rate is 97%. Howard’s is 61%. Howard has incredibly lower LSAT scores, and seems to have a correspondingly lower passage rate. This does not lead me to believe you when you suggest that a Howard student will be just as capable as a lawyer. Note that I make this particular comparison because we’re talking about whether Howard deserves to hold campus interviews with Watchell. I know that the overall black passage rate is out there somwhere, and I know that it’s lower than average. [ILRG.com</a> - 2009 Law School Profile - Howard University (DC)](<a href=“Georgetown University - 2020 Law School Profile”>Georgetown University - 2020 Law School Profile)</p>
<p>The second is the fact that black lawyers hired as associates have much lower chances of making partner. The following article takes for granted that black lawyers receive significant leeway with their GPAs during the biglaw hiring process, and some believe this is why they are less likely to make partner: poor job performance as predicted by low GPA. Others are skeptical of this claim, but the only other explanation they can manage is to blame it on racism on the part of the firm. <a href=“http://timmulvaney.typepad.com/LawyersDebateWhyBlacks.pdf[/url]”>Courageous Conversations;
<p>Huh? Let’s step back for a moment here.</p>
<p>We know URMs receive an enormous boost for undergrad.
We know URMs receive an enormous boost for law school.
We know URMs receive an enormous boost for hiring.</p>
<p>Then, when ability hits the real world, when achievement can’t be granted for the color of one’s skin, when the URMs can’t perform in the law firm, the excuse given is racism. Give me a break.</p>