PANEL: LSAT, U.S. NEWS AND MINORITY ADMISSIONS

St. John's Law Review, Winter 2006 by Austin, Janice L

I have spent the last twenty-four years of my life working in the admissions offices at four law schools-two private and two public-and one MBA program, all affiliated with large research universities.1 I do not think this was the professional life I had planned, but it found me. And in doing so, I have embraced this calling. I would often introduce myself as having come to adulthood in the world of high stakes admissions. At all of the places of my employment-some highly ranked, others not-I have always served as a member of the admissions committee. During those meetings, I have listened, debated, argued, enlightened, and at times feigned ignorance. At each school, I witnessed and participated in the struggle to define and incorporate the paradigm of race and merit into the educational mission and, ultimately, our enrollment goals. This was no easy task. Sometimes being referred to as a witness might suggest being complacent or silent, but perhaps to the chagrin of some, I have been neither. Instead, I know that by being a witness I have been able to develop the skills and the knowledge to vigorously advocate for minority applicants, and by doing so, to attempt to enlighten and educate my various law school communities. One particular encounter stands out.

In 1995, while representing the University of Pennsylvania Law School at the LSAC Law School Forum in New York City, I stood stoically behind my table watching over one hundred of my colleagues engaged in conversation with nearly one thousand individuals, all of whom filled the ballroom in search of a law school to apply to. Forums are amazing events; if you have never been to or worked at a law school forum, I would strongly suggest that you do so, perhaps volunteer to help out at your own school's table. I watched a young African-American man move slowly down my aisle. As he walked his eyes darted quickly between the neatly hung banners draped over the tables announcing each school with a well-worn copy of U.S. News & World Report ("U.S. News") clutched tightly in his hands. I glanced at him and gave him that smile that says, "come, let me tell you about my law school."

Before taking another step, the young man checked out my banner and scanned his magazine pages. He raised his eyes, and I-feeling smug with my low cost, nice city, Ivy League, home of Wharton University bravado-waited for the love that typically comes my way. This young African-American man looked me directly in the eye and snapped back in typical New York style, "Oh, no, you're not a top ten school, Penn is ranked eleventh!" The hairs on the back of my neck rose and I could hear my inner voice saying, "Did he go there?" "Aw, shucks," I murmured to myself, "the game is on now." I stepped forward, and with the wag of a finger I beckoned him closer.

In the two steps it took this young man to move towards my table, the statistical rolodex in my brain began whirling, searching the data I had stored about African-American men, their LSAT performance, and their likelihood of acceptance at the ranked order in U.S. News. In spite of the personal nerve he plucked, I was determined not to let my data bank of information expose any flaws in his reply, or stifle his desire to seek out a top ten. My professional ethos required that I use this as a teachable moment.

When he reached the table, I asked, "So, you are using the U.S. News rankings as a guide to identify law schools to apply to?" He snapped back with an emphatic 'Tes!" I could see how pleased he was with himself and his ability to identify the apparent "perfect" assessment of each school listed on those dogeared pages. I nodded, smiled, and said, 'That's terrific. You are reading the magazine correctly. This year Penn Law is tied for eleventh with one other school."

My spiel switched to autopilot mode as I continued my customary stump speech about the rankings. I started in, "I understand that as an African-American man you want to provide yourself with the best options made available by attending a top law school, but in my mind, and that of many others, the methodology behind the rankings is flawed. I believe that Penn Law is one of fifteen schools that ranks in the top ten and what's most important is that you find the right school for you."

After a few minutes into my sound bites it became clear that this young man would not budge from his position. He was set on applying to "a bona fide top ten as reported by the magazine." Now I was upset and decided to break my own Rule # 1: Unless someone offers his or her LSAT score, don't ask for it. As the question rose in my throat, I realized that there were other individuals perusing the material on my table. In order to protect his privacy, I leaned forward and softly asked, "Have you taken the LSAT yet?" He nodded in the affirmative. I said, "That's great! How did you do?" Proudly he proclaimed, "I have a 143." Without hesitation I said, "Young man, I would suggest that you consider schools much deeper than the top ten!" Before I could continue, he quickly turned on his heels and marched away without taking any of the Penn Law material.