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University of Michigan Law School

2012

Law & Economics Working Papers

Legal Education

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University Of Michigan Bar Passage 2004-2006: A Failure To Replicate Professor Sander's Results, With Implications For Affirmative Action, Richard O. Lempert Jul 2012

University Of Michigan Bar Passage 2004-2006: A Failure To Replicate Professor Sander's Results, With Implications For Affirmative Action, Richard O. Lempert

Law & Economics Working Papers

In a recent issue of the Denver Law Review, Professor Richard Sander presents data on race-based affirmative action that purportedly support his theory that any benefits African Americans enjoy from affirmative action are more than offset by detrimental effects of academic mismatch. Specifically, he references a yet unpublished study in which he claims to have found that for the years 2004-2006 the bar passage rate of African-American graduates of the University of Michigan Law School is 62 percent for first time takers rising to only 76 percent after multiple takes. This paper shows that these results are quite implausible given …