Researcher Turns to Calif. Supreme Court in Pursuit of State Bar Data on Race
Petra Pasternak
08-11-2008
With his request for access to historical bar exam data from the California State Bar repeatedly rejected, a law professor has turned to the state Supreme Court.
UCLA School of Law professor Richard Sander, along with former State Bar governor Joe Hicks and the California First Amendment Coalition, filed a writ petition Thursday asking the court to direct the State Bar to hand over those records with redactions to protect test takers' privacy.
CFAC Executive Director Peter Scheer said that the wrestling match had become a matter of access to public records and freedom of information. "I believe very strongly that these records the researchers need belong to the public, not to the Bar," Scheer said. "I'm concerned, as is everybody, about rights of privacy. But I'm highly confident that if the Bar provides the records in the way that we had requested, that they will be truly anonymous."
Sander has been trying since 2006 to get the Bar's data to build on a 2004 study he did that suggested affirmative action might be responsible for black students' high bar failure rates nationwide. He postulated that race-based preferences had opened the doors of elite law schools to minority students who were academically unprepared, and that as a result, there were far fewer black lawyers in 2004 than there would have been if more minority students had attended -- and thrived -- at less elite law schools.
Now Sander and Hicks are involved in a group that wants to test the controversial "mismatch" theory further.
Their petition says that the number of test takers in California, their racial diversity and the quality of the Bar's data collection make this state their best bet, but the State Bar has repeatedly rejected Sander's requests for data that would include the race and academic credentials of each applicant, but not their names.
The State Bar reiterated its objections in a statement Thursday, contending that private data submitted by bar exam applicants should not be released to a third party without signed prior consent from the law students.
"This issue was thoroughly vetted last year by the Committee of Bar Examiners and by the full Board of Governors," Bar President-Elect Holly Fujie said in the statement. "Professor Sander was given ample opportunity last year to present his case … and after listening to significant public comment during a public hearing, the Board voted unanimously to protect the confidentiality of our test takers."
Sander and his allies have previously tried to reassure the Bar that the information would be kept confidential, and to allay any fear that they had an agenda to use the information to undermine affirmative action.
But their opponents have previously said Bar applicants didn't provide personal data for any use other than internal State Bar studies, and several students or recent graduates testified to the Bar that they never expected their personal data to be shared with others. At least one opponent has also argued that the federal Family Educational Rights and Privacy Act prevents third-party access to the records.
On Thursday, CFAC's Scheer raised the question of academic freedom, contending that even Sanders' critics had acknowledged the legitimacy of the research and the importance of the questions it raises. "It's just that some people don't want the research to continue to its conclusion, because it may be a conclusion that is politically incorrect, and that is something that should not even be considered by the State Bar."
Sheppard, Mullin, Richter & Hampton partner James Chadwick, who is representing Sander, Hicks and the CFAC, said that the court can either hear the case, send it to a superior court, or deny it without commenting.
"We've made the argument that they can't just deny it without comment because that would arguably deprive us of due process," Chadwick said. "They should either take it and hear it on the merits, or to take it to the superior court.
Posted: Sat 23 Aug 2008 07:12 Post subject: Bar data from a Recent East Coast Law Grad
There are Staisticians, damn Statisticians... and Liars.
Having recently graduated from the hallowed halls of a large name law school on the easy Coast, I can asssure you that:
I am a member of the National Bar (that's the Black Bar)
I was a member of BLSA (pronounced "Balsa")... Black Law Student Association. It boasts 100% membership--every Black student, in every law school is enrolled.
I've been on the National Trial Team(a great honor-- and BTW, they were a bunch of NOT nice white people) and the Thurgood Marshall Team (BLSA sponored) for my school.
The AA Teans on TM won becuse we botched. The National Teams (all white) won because ... they were sleazier.
Generations of hegemony shows it's depths--and abilities. hegemony (and the power that money buys) allows people to completely ignore ethics, standards, and all else.
For a REALLY good read about race and law school (and being a woman!), please try "Becoming Gentleman: Women, Law School and Institutional Change" by Lani Gunier, et al., ISBN #0-8070-4404-0
It;s not the ethnicity you are--it's the generations that have prepared you for the elitist role...
~PW
Posted: Sat 23 Aug 2008 11:00 Post subject: Re: Bar data from a Recent East Coast Law Grad
PassingWoman wrote:
There are Staisticians, damn Statisticians... and Liars.
That may (or may not) be accurate. But without access to factual data there is no knowledge. How would PassingWoman feel if she were hired to litigate a case but was not allowed access to any depositions for fear that she might thereby discover an unpleasant truth?
They do AAs a disservice by denying this request. After all, there is nothing to fear, but .....
The truth is the truth, doesn't matter if you agree/disagree or if its not 'politically correct'.
UGA admissions officers admit most students based on "demonstrated academic performance," McDuff said - high school grades, the difficulty of their high school academic courses and test scores.
For some students, factors such as community activities, writing ability and special abilities also may help determine whether they are admitted to UGA, McDuff said.
I think Affirmative Action, in the long run, will be similar to India and China's female infantcide policies - Good for now, but bad for the future. Hopefully, it will be slowly be phased out as AAs achieve more parity in the US.
P.S. Hmm Lani Gunier... the biracial (half jewish) failed Clinton nominee who, when faced with charges of anti-semitism, refused to acknowledge her Jewish mother, and her own Jewish racial heritage......LOL!
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