1/ I have so enjoyed watching the impressive anti-racism efforts of law schools—including my own. #LegalEd has a long way to go, but we’re doing the work. As we do, though, I can’t help but feel tension between this work and the US News rankings. THREAD aals.org/antiracist-cle…
2/ For those outside the loop, the US News rankings incentivize law school admission practices that alienate students from historically underrepresented backgrounds—e.g., those identifying as American Indian, Asian, Black, Hispanic, Native Hawaiian. lssse.indiana.edu/wp-content/upl…
3/ Let me explain via an illustrative example from my friend, @TheEdLawProf (whose work I recommend). In his piece, “The Marginalization of Black Aspiring Lawyers,” @FIULAWREVIEW, Taylor writes:
4/ “In the 2016-17 admission cycle, it took about 1,960 Black applicants to yield 1,000 offers of admission, compared to only 1,204 among White applicants and 1,333 overall.” arc.accesslex.org/di-admissions/…
5/ “These trends,” Taylor continues, “are explained in large part by racial and ethnic disparities in average LSAT scores. The average score for Black test-takers is 142--11 points lower than the average for White and Asian test-takers of 153.3.”
6/ Taylor therefore concludes that “for large proportions of Black law school applicants—49 percent in 2016-17—their marginalization in the admission process ends in outright exclusion.”
7/ What’s worse, the discriminatory effect of these pre-admission practices follows many underrepresented students (those who beat the odds) beyond their first day of law school.
8/ Many of these students pay closer to their law school’s “sticker price” than their peers because US News incentivizes law schools to provide larger merit scholarships to students with higher LSAT scores.
9/ That is, US News leverages its rankings methodology to encourage law schools to have and report “stronger admissions profiles.” Specifically, it weighs “selectivity” at fully 21% of the rankings algorithm (including 11.25% on LSAT alone). usnews.com/education/best…
10/ But the problem persists even further. Recent data from AccessLex reveals that underrepresented students “are disproportionately represented among students who do not persist beyond the first year.” accesslex.org/xblog/aba-data…
11/ In the past, law school deans have signed letters opposing the rankings, but I think it’s time to do more. scholar.smu.edu/cgi/viewconten…
12/ I hope law schools consider the harsh underlying reality of these numbers and reconsider when & whether to celebrate - and even whether they participate in - the rankings. Otherwise, we may undermine the good anti-racist work being done across law school curricula.
13/ I speak only for myself, but in the coming months, I’ll be encouraging my community to reconsider our approach to these rankings. By participating in this endless game, are we serving a good social purpose? Or are we inflicting social harm? premium.usnews.com/best-graduate-…
14/ We are, after all, knee deep in the important work of diversifying the legal profession, reducing student debt, enhancing services to support student mental health, and maximizing our Signature Strengths to generate problem solving (and happy) lawyers. willamette.edu/law/about/sign…
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1/ Let's talk about some of the problems with the grand jury's decision not to indict the officers responsible for killing #BreonnaTaylor [Thread] cnn.com/2020/09/23/us/…
2/ Let's start with some background (I promise it's relevant and short): first, as a general matter, a grand jury is asked to consider presented evidence and decide whether probable cause exists to believe that a crime has been committed by one or more individuals.
3/ second, the grand jury is an independent body - disconnected from any branch of government. It deliberates in secret and the prosecutor is the only attorney presenting evidence. There is no obligation to present exculpatory evidence and/or defenses.
1/ [Short thread] A few comments as await a decision from the grand jury about whether the officers who shot and killed #BreonnaTalyor will be criminally charged. nbcnews.com/news/us-news/l…
2/ To begin with, it's the right call to rely on the grand jury here - it provides independence to a charging decision that would ...otherwise fall within the province of the prosecutor's discretion. Now, please know that grand jury proceedings are secret so we will not learn...
3/ either what the prosecution presented or the rationale for the grand jury's decision. Also, jeopardy does not attach at the grand jury phase, which means that a grand jury that chooses not to indict has no constitutional impact from a charging perspective.
1/ A former (& talented) student of mine @UARKLaw—Marion Humphrey—was subjected to race-based policing by the AR. St. Police. As a dean & scholar who is deeply committed to issues of crim. law & procedure, I can’t sit by w/o comment. So, let’s talk. THREAD arktimes.com/arkansas-blog/…
2/ The stop: The officer alleged he stopped Marion for “changing lanes too quickly.” Maybe he did, but the dashcam footage I’ve seen doesn’t support that claim. My take: The officer stopped Marion because he’s a young black male who was driving a rented U-Haul on the interstate.
3/ The stop (cont.): Yes, pretextual stops are constitutional so long as police have a valid basis for the stop (Whren v. United States, 517 U.S. 806 (1996) needs revisiting), but that hardly means pretextual stops are normatively appropriate.
I have participated for months in the Oregon and broader #DiplomaPrivilege conversations. For those advocating for diploma privilege, I thought you might appreciate the views of one dean. With thanks to @sjdprods & @profdaf who helped guide my thinking, let me offer a thread.
As a law school, we were confident that our graduates could pass the bar exam--under pre-pandemic circumstances. But, to state the obvious, the conditions for the upcoming exam will be, at best, uncertain.
To be sure, the Oregon Bar did its best to provide a socially distant exam, as I'm sure all bar examiners will, but neither we nor any Bar can be confident about how the public health guidance will shift between now and later this month.
I confess I'm late on offering comments about #GeorgeFloyd but, as a crim pro and crim law scholar, I'm happy to offer thoughts (and entertain any questions) about the decision to charge #DerekChauvin with third-degree murder and second-degree manslaughter. Quick hits...
First, remember that charging decisions are preliminary and that any decision at this stage is hardly final. It's not unusual for superseding charging decisions to arise as investigators learn more. Stated more simply, the charges for #DerekChauvin could increase in severity.
Second, there are good reasons to think that the other officers will also be charged. Basic criminal law principles suggest robust supporting rationales to support doing so. The fact that the remaining officers have not been charged does not mean they won't be.
Closing arguments in the #DanMarkel murder case will begin tomorrow morning with jury deliberations to follow. A few wrap-up comments on today's proceedings (short thread for those interested).
1/ In a surprise (to me at least), #KatieMagbanua took the stand in her own defense. Overall, she presented as more credible and composed than I would have guessed--particularly after hearing her on the wiretaps. That said . . .
2/ Despite her appearing credible, #KatieMagbanua did not sufficiently explain how #SigfredoGarcia became connected to #CharlieAdelson. If not through her, it would be (more than) an incredible coincidence.