ABA Proposal: Expanding Diversity Standards in Law Schools

The American Bar Association (ABA) is considering significant revisions to its diversity standards for law schools, aiming to foster greater inclusivity within legal education institutions. 
 

Recognizing the Need for Inclusivity
 
Despite strides made since the era of exclusivity often referred to as the "good ol’ boys" days, the ABA's Standards Committee asserts that law schools still have progress to make in embracing diversity fully. While Standard 206 mandates a commitment to diverse faculty in terms of race, gender, and ethnicity, the committee argues that this scope must be broadened. 
 
 Proposed Expansion of Diversity Criteria
 
At a recent meeting, the committee proposed an expansion of the definition of disadvantaged faculty to include factors such as religion, national origin, gender identity, gender expression, sexual orientation, age, disability, military status, Native American tribal citizenship, and socioeconomic background. This move is seen as a proactive step towards fostering a more inclusive environment within law schools.
 
 Path to Implementation
 
The proposed revisions are expected to undergo further review by the ABA Section of Legal Education and Admissions to the Bar before potentially being presented to the ABA House of Delegates for final approval. In a memo to the council, the Standards Committee recommended that law schools adopt policies promoting professionalism, mutual respect, and a sense of belonging for all members of the law school community.
 
 Embracing Long-Term Commitment
 
Despite recent legal challenges, including a 2023 Supreme Court ruling against affirmative action admission policies, faculty and deans at law schools appear committed to the long-term goal of inclusivity. While challenges persist, there is a growing acknowledgment of the importance of diversity in legal education.
 
 Impact and Implications
 
Expanding the diversity standards is seen as a welcome addition by many in the legal education community. Meera Deo, a professor at Southwestern Law School, emphasizes that these changes align with existing laws and aim to broaden access to legal education for historically marginalized communities. 
 
 Preparation for the Legal Profession
 
Angela Winfield, Vice President and Chief Diversity Officer at the Law School Admission Council, highlights the importance of preparing students for the diverse realities of the legal profession. By ensuring inclusivity in law school environments, future lawyers are better equipped to navigate a profession where diverse perspectives and experiences are essential.
 
 Enforcing the Changes
 
While specifics on enforcement remain to be detailed, experts like Joan Howarth believe that implementation shouldn't pose significant challenges for law schools, as the changes do not mandate extensive new data collection. Instead, they offer a framework for eliminating barriers to entry and promoting diversity within legal education.
 
 Resources for Implementation
 
For law schools seeking support in implementing these changes, Winfield suggests tapping into available resources provided by organizations like the Law School Admission Council and other law associations. Many institutions have already begun the work of seeking and welcoming faculty from diverse backgrounds, signaling a broader commitment to inclusivity within legal education.