In a 2004 study called A Systemic Analysis of Affirmative Action in American Law Schools (PDF), University of California law professor Richard Sander posited that law school race-based preferences result in fewer black lawyers, because blacks admitted under these conditions are placed in schools that exceed their levels of preparation. As a result, they failed the bar exam at higher rates.
In 2007, Sander asked the State Bar’s Committee of Bar Examiners for historical data on past bar exams, and the committee refused. Sander asked the state’s highest court to compel the committee to release the data. Last week the court denied his request and said he should refile in the appropriate court, citing privacy concerns. (Law.com)
We’ll post a PDF copy of the opinion when it’s available.
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