I have posted here too many times to cite, usually based on the work of George Mason professor David Bernstein, about the American Bar Association’s recent attempts to force law schools to employ preferential admissions and hiring (so much for the “academic freedom” many of those who support this policy advocated when the issue was access of military recruiters). Some examples: here, here, here, here, here, and here.
Now Professor Bernstein points to this recent article by U.S. Civil Rights Commissioner Peter Kirsanow that, relying on Prof. Bernstein’s testimony before the Civil Rights Commission, demonstrates how the new ABA policy would even force law schools to violate the standards for “diversity” preferences announced in Grutter.
In a second post, Prof. Bernstein notes that the ABA has just denied provisional accreditation to a new law school because of concern over its lack of “diversity.” Bernstein concludes:
The law school, its future on the line, will now do the only sensible thing under the circumstances, and admit wildly underqualified minority applicants who will go on to fail the bar exam in wildly disproportionate numbers. But there is a saving grace: thanks to the ABA, which condemned the law school for relying too heavily on electronic resources, while they are in law school they will be able to read cases in the official reports, rather than rely on identical PDF files from Westlaw. Makes me proud to be a member of the ABA.
