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Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea Curcio, Carol Chomsky, Eileen Kaufman
Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea Curcio, Carol Chomsky, Eileen Kaufman
Eileen Kaufman
The false dichotomy between achieving diversity and rewarding merit frequently surfaces in discussions about decisions on university and law school admissions, scholarships, law licenses, jobs, and promotions. “Merit” judgments are often based on the results of standardized tests meant to predict who has the best chance to succeed if given the opportunity to do so. This Article criticizes over-reliance on standardized tests and responds to suggestions that challenging the use of such tests reflects a race-comes-first approach that chooses diversity over merit. Discussing the firefighter exam that led to the Supreme Court decision in Ricci v. DiStefano, as well as …
The Elephant In The Admissions Office: The Influence Of U.S. News & World Report On The Rise Of Transfer Students In Law Schools And A Modest Proposal For Reform, Bruce Price, Sara Star
The Elephant In The Admissions Office: The Influence Of U.S. News & World Report On The Rise Of Transfer Students In Law Schools And A Modest Proposal For Reform, Bruce Price, Sara Star
Bruce M Price
Students who perform well after the first year of law school are increasingly transferring to schools ranked higher by U.S. News to maximize their chances of getting a law firm job immediately following graduation. This phenomena raises two fundamental and understudied issues: how students make the decision to seek to transfer to a higher-ranked and higher-tier law school, and why such law schools are willing to admit transfer students into their second-year class who they were not willing to admit initially. The first issue we explore through interviews with students who transferred as well as those who could have transferred …