As is well known, UCLA Law Professor Richard Sander published a study that concluded that racial preferences in law school admissions caused a decrease in the number of black attorneys. Some agreed and some disagreed with his conclusions, but you would think that all would agree that more research into the issue would be helpful. It turns out that all do not agree, and some are trying to stifle additional research by refusing to release the data:
Three years ago, UCLA law professor Richard Sander published an explosive, fact-based study of the consequences of affirmative action in American law schools in the Stanford Law Review. Most of his findings were grim, and they caused dismay among many of the champions of affirmative action -- and indeed, among those who were not.
Easily the most startling conclusion of his research: Mr. Sander calculated that there are fewer black attorneys today than there would have been if law schools had practiced color-blind admissions -- about 7.9% fewer by his reckoning. He identified the culprit as the practice of admitting minority students to schools for which they are inadequately prepared. In essence, they have been "matched" to the wrong school.
No one claims the findings in Mr. Sander's study, "A Systemic Analysis of Affirmative Action in American Law Schools," are the last word on the subject. Although so far his work has held up to scrutiny at least as well as that of his critics, all fair-minded scholars agree that more research is necessary before the "mismatch thesis" can be definitively accepted or rejected.
Unfortunately, fair-minded scholars are hard to come by when the issue is affirmative action. Some of the same people who argue Mr. Sander's data are inconclusive are now actively trying to prevent him from conducting follow-up research that might yield definitive answers. If racial preferences really are causing more harm than good, they apparently don't want you -- or anyone else -- to know.
Take William Kidder, a University of California staff advisor and co-author of a frequently cited attack of Sander's study. When Mr. Sander and his co-investigators sought bar passage data from the State Bar of California that would allow analysis by race, Mr. Kidder passionately argued that access should be denied, because disclosure "risks stigmatizing African American attorneys." At the same time, the Society of American Law Teachers, which leans so heavily to the left it risks falling over sideways, gleefully warned that the state bar would be sued if it cooperated with Mr. Sander.
If these "affirmative action" advocates are so eager to help minority students,then why are they afraid to allow the research to commence? Gail Heriot has an idea:
Sadly, the State Bar's Committee of Bar Examiners caved under the pressure. The committee members didn't formally explain their decision to deny Mr. Sander's request for this data (in which no names would be disclosed), but the root cause is clear: Over the last 40 years, many distinguished citizens -- university presidents, judges, philanthropists and other leaders -- have built their reputations on their support for race-based admissions. Ordinary citizens have found secure jobs as part of the resulting diversity bureaucracy.
If the policy is not working, they, too, don't want anyone to know.
This entire issue is strongly reminiscent of the brouhaha over global warming. Even though climatology and racial preferences have nothing whatsoever to do with each other, I find almost the exact same group of people bellowing about human-induced warming from CO2 emissions as those who favor "affirmative action" and oppose any research on its effects. In each case they don't want the facts to get out.
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