Strategies for Maintaining Diversity in Law School Admissions: Insights from Michigan and Berkeley Law
The Decline in Enrollment Following Affirmative Action Bans
In the face of potential bans on considering race in college admissions, two prominent U.S. law schools provide valuable insights for institutions seeking to maintain diversity among their student populations. The University of Michigan Law School and the University of California, Berkeley School of Law experienced declining enrollment among Black, Hispanic, and Native American first-year students following affirmative action bans in their respective states. However, they were able to surpass pre-ban diversity levels over time by adopting innovative strategies that may serve as a blueprint for other schools in the event of a Supreme Court decision banning race-based considerations in admissions.
Overcoming the Impact of Affirmative Action Bans
According to data from the American Bar Association, Berkeley Law, we witnessed a sharp drop in the percentage of Black, Hispanic, and Native American first-year students, from 19% in 1996 to less than 6% in 1997, immediately after the affirmative action ban was enacted. Similarly, Michigan Law declined from 17% in 2005 to 9% by 2008. However, both schools have since implemented approaches that have led to a rebound in diversity.
Interestingly, Asian American enrollment remained steady before and after the affirmative action bans, comprising 14% of Berkeley Law and 13% of Michigan Law first-year classes. Those figures have increased to 20% and 15%, respectively.
Law School Administrators as Resources for Diversity
With nine states currently prohibiting affirmative action, law school administrators in these states have become resources for out-of-state colleagues seeking guidance on maintaining diverse student bodies without considering race. Recognizing the significance of this issue, the Association of American Law Schools is convening a virtual conference on July 10 focused on admissions in a post-affirmative action landscape.
The Uncertain Impact on Law Student and Lawyer Diversity
The Need for Diversity in the Legal Field
The legal field still needs to catch up to the general population regarding racial diversity. Data from the American Bar Association shows that only 19% of lawyers in the United States are people of color, compared to 40% of the overall population. Conversely, the Association of American Medical Colleges reports that 36% of physicians are minorities, and the American Dental Association states that 30% of dentists are minorities. A ban on affirmative action could exacerbate the underrepresentation of minorities in undergraduate programs, narrowing the pipeline of diverse students pursuing legal careers. This, in turn, would likely reverse the slow progress made in increasing the number of racially diverse attorneys.
Alternative Approaches to Maintain Diversity
Law school admissions officials know this potential setback and are exploring alternative approaches to maintain diversity. For instance, Michigan Law now looks at various factors beyond race, such as being a first-generation college student, high school attended, and family income. Additionally, application essays provide insights into applicants’ backgrounds. The law school actively recruits at events targeted towards minority applicants and at colleges and universities with significant minority enrollment.
Michigan and Berkeley Laws voluntarily withhold information about an applicant’s race to comply with state laws. Berkeley Law has devoted years to developing a diverse applicant pool, admitting diverse students without race-based considerations, and persuading them to choose the institution. Detailed financial data is collected from accepted students to offer need-based scholarships and direct financial aid. However, this approach does not yield the same level of racial diversity as considering race directly.
The Challenges and the Pursuit of Inclusivity
Achieving diversity without affirmative action requires additional institutional effort. Concerns persist that colleges and universities may abandon diversity efforts following a Supreme Court decision. Nonetheless, the experiences of these law schools provide valuable lessons on adapting to change and fostering inclusivity in legal education.
Lessons for Law Schools
As law schools anticipate potential bans on considering race in admissions, they can learn from the experiences of institutions facing affirmative action bans. Strategies such as participating in pipeline programs, assessing factors beyond race, and prioritizing outreach to diverse student populations can play a crucial role in maintaining and increasing diversity in the legal profession. Despite the challenges, pursuing inclusivity remains essential for the continued growth and development of the legal field.
