Law Schools Explore LSAT Alternatives to Increase Diversity Following Affirmative Action Ban

Law schools are increasingly seeking an admissions path that circumvents the traditional entrance exam, the Law School Admissions Test (LSAT). This is not merely about the spread of the Graduate Record Examinations (GRE) in the law school sector, as argued by proponents of the GRE, who have long championed increased diversity as a significant advantage for law schools accepting the examination for admissions. Law schools are looking for more following the Supreme Court’s abolishment of affirmative action.

As reported by Law.com, of the 197 American Bar Association accredited law schools, forty-seven have been granted permission to use the JD-Next program in admissions. The JD-Next program is distinct from conventional standardized tests as it is a fully online, eight-week program covering doctrinal ideas and legal skill workshops culminating in a final assessment. Marc Miller, Dean and Ralph W. Bilby Professor of Law at the University of Arizona Law School, along with Jess Findley, the Director of JD-Next, and Christopher Robertson, the Associate Dean for Strategic Initiatives at Boston University School of Law, have been developing the JD-Next exam as an alternative law school admissions test for the past five years.

Karen Sloan at Reuters highlights that the Georgetown University Law Center and the Washburn University School of Law have obtained authorization from the ABA to begin their programs that allow applicants to apply for admission without a standardized exam. All of these distinct admission options aim to boost diversity.

Supporters of these LSAT alternatives state they are exploring ways to identify promising law students for whom the LSAT is a hurdle and to attract more diverse applicants. Critics say the LSAT is a barrier for aspiring minority attorneys because those individuals, on average, score below white candidates, and because schools place too much weight on these scores. Critics of the LSAT argue that the exam is biased, while others argue score gaps reflect broader racial disparities within the education system. According to a 2019 study, the average score for Black LSAT takers was 142, compared to 153 for white and Asian test-takers.

While the attempt to diversify the profession may have become more challenging, these programs illustrate that law schools are still committed to doing the necessary work.