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Diversity Resources

This section provides links to related websites, studies, reports, articles court documents and news about diversity.

Contents
» American Bar Association Speaks Out (2006)
» Reconsidering the LSAT
» The Pipeline Problem
» Affirmative Action
» The Affirmative Action Cases
» Voluntary Integration Cases

ABA

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American Bar Association Speaks Out  pdficon_small
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(adopted by House of Delegates in August 2006)

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There is no one single cause that leads to the disparities in representation of diverse groups in higher education. There is also no simple solution. The following links address the Pipeline Problem, the Fear Factor and the LSAT Problem.

Reconsidering the LSAT

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The Pipeline Problem

A large factor contributing to the lack of diversity in higher education in general, and in the law school context in particular, is the shortage of qualified minority high school graduates applying to four-year universities. This is often referred to as the “Pipeline Problem.” The issue has been summarized thusly: “To the extent that lower college attendance by black and Hispanic students is attributable to lower college readiness rates, it cannot be attributed to insufficient financial aid or inadequate affirmative action policies.”

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Affirmative Action

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The Affirmative Action Cases

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Attaining a diverse student body is at the heart of the Law School’s proper institutional mission

“Attaining a diverse student body is at the heart of the Law School’s proper institutional mission, and its “good faith” is “presumed” absent “a showing to the contrary.” Id., at 318-319, 57 L Ed 2d 750, 98 S Ct 2733. Enrolling a “critical mass” of minority students simply to assure some specified percentage of a particular group merely because of its race or ethnic origin would be patently unconstitutional. E.g., id., at 307, 57 L Ed 2d 750, 98 S Ct 2733. But the Law School defines its critical mass concept by reference to the substantial, important, and laudable educational benefits that diversity is designed to produce, including cross-racial understanding and the breaking down of racial stereotypes. The Law School’s claim is further bolstered by numerous expert studies and reports showing that such diversity promotes learning outcomes and better prepares students for an increasingly diverse workforce, for society, and for the legal profession. Major American businesses have made clear that the skills needed in today’s increasingly global marketplace can only be developed through exposure to widely diverse people, cultures, ideas, and viewpoints.

High-ranking retired officers and civilian military leaders assert that a highly qualified, racially diverse officer corps is essential to national security. Moreover, because universities, and in particular, law schools, represent the training ground for a large number of the Nation’s leaders, Sweatt v. Painter, 339 U.S. 629, 634, 94 L. Ed. 1114, 70 S. Ct. 848, the path to leadership must be visibly open to talented and qualified individuals of every race and ethnicity. Thus, the Law School has a compelling interest [***322] in attaining a diverse student body.”

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Voluntary Integration Cases

Recent Related News and Cases

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