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Study Finds No Racial Gap in LSAT Alternative Measuring Lawyer-Like Qualities

Posted Mar 11, 2009 7:02 AM CST
By Debra Cassens Weiss

A study of an alternative to the Law School Admission Test found it was better at predicting lawyer effectiveness, but no better at predicting success in law school.

Another plus for the alternative test, developed by professors at the University of California at Berkeley, is that its scores had no racial and ethnic disparities—unlike the LSAT, the New York Times reports.

The new test is designed to measure “raw lawyerly talent” rather than focusing on analytic ability, the story says. It includes hypothetical legal quandaries, such as how to respond if a top company employee is found to have omitted information on a job application.

Eliminating racial disparities in test results was a goal of one of the study’s authors, retired Berkeley law professor Marjorie Shultz. She told the Times she began thinking about the issue after California voters passed Proposition 209 banning school admissions officers from taking race into account.

“Proposition 209 and the reduced numbers of minority admits prompted me to think hard about what constitutes merit for purposes of law school admission, and to decide LSAT was much too narrow, as well as having big adverse impact,” Shultz told the Times.

To design the test, Shultz and Berkeley psychology professor Sheldon Zedeck developed a list of 26 characteristics displayed by good lawyers, gleaned from surveys of judges, law professors, law firm clients and Berkeley law grads, the story says. The factors include the ability to write, manage stress, listen, research the law and solve problems.

More than 1,100 lawyers took the test and gave researchers their original LSAT scores and college and law school grades. Now the researchers hope to take the test study to a national level.

Comments

1.

J.D.
Mar 11, 2009 7:48 AM CST

Sounds like a bunch of BS to me. Why don’t we just get rid of all exams and give degrees to anyone who calls a specified 1-800 number.

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2.

B. McLeod
Mar 11, 2009 8:20 AM CST

Are the test creators saying “raw lawyerly talent” does not include the “analytical ability” measured by the LSAT?  How is the “problem solving” which they did want to test for, different from “analytical ability”?  Also, did they consider that their results might be invalid because they gave to test only to 1,100 actual lawyers (all of whom had previously taken the LSAT, completed law school and passed the bar to enter practice)?  Did it occur to the studiers that if they gave the LSAT to these 1,100 lawyers again at this stage of their development, the LSAT might also now show fewer ethnic disparities in results?  How someone can compare pre-law LSAT results with testing results AFTER both successful law school completion and bar admission, and pretend to believe that validly shows anything is beyond me.  Maybe we could have a little science in our science?  (Except that the real objective here is probably to try to use this flawed study to force through sales of the “alternative test,” based on the contention that the LSAT is unfairly discriminatory).

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3.

Misunderstood
Mar 11, 2009 8:29 AM CST

The LSAT is such crap.  It is a very weak predictor of success in law school or whether or not someone will pass the Bar.  It doesn’t claim to measure lawyer skills, but it doesn’t even do what it does claim to do.

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4.

J.D.
Mar 11, 2009 8:48 AM CST

McLeod, don’t you see that this is a liberal effort to water down society and create an “everyone is equal” socialist state? These are the types who don’t want to promote success. They don’t want competition. They want our society to fail.

Instead of helping those who do poorly on the exam to do better next time, they’d rather create false exams were everyone gets the same score. They won’t stop until they get that result.

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5.

B. McLeod
Mar 11, 2009 11:41 AM CST

I suspect it is actually more a marketing ploy to make the creators of the “alternative test” very wealthy.  Maybe they will also perform a “study” concluding that the LSAT causes cancer and global warming.

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