The University of Nebraska-Lincoln College of Law has a discriminatory admissions process that favors black students over white students 442 to one, according to a new study from the Center for Equal Opportunity.
The study, published Oct. 8, said in 2006 and 2007, the law school admitted some minority students over white students with higher test scores and higher GPAs.
The study analyzed admissions data from the law school, said Roger Clegg, president and general counsel for CEO.
"Basically, our statistical experts analyzed the admissions data provided by the law school itself and concluded that LSAT and GPA gaps among admittees, as well as odds ratios and admission probability disparities, provided extremely strong evidence of severe racial and ethnic preferences," he said.
In an Oct. 14 editorial on the College of Law's Web site, Steven Willborn, dean of the college at UNL, rejected the study as a "politically motivated hatchet job."
Willborn said the study was not statistically sound and did not take into account the fact that the college does not consider many factors besides test scores and race in their admissions decisions.
"When this committee makes its decisions, it relies on the LSAT and undergraduate grade point average, and a wide variety of other factors," Willborn wrote. "Our goal in doing this is to admit a class with a diversity of experiences and viewpoints to ensure vigorous and enlightening classroom discussions.
"We can better discuss foreign affairs in our classrooms if they contain students who have lived in other countries; we can better discuss sports law if former college athletes are in the classroom; we can discuss agricultural policy better if we have students from rural Nebraska; and we can better discuss alleged race-based police practices if African Americans are in the room."
Willborn pointed out that the idea that law schools should try to include diverse voices was upheld by the Supreme Court.
In 2003, the court decided to reject a claim that a white student was unfairly rejected from the University of Michigan because of her race.
"Today, we hold that the law school has a compelling interest in attaining a diverse student body," said Justice Sandra Day O'Connor in the decision.
The balance between promoting diversity and allowing discrimination has been a hot topic recently, as it is only three weeks before Nebraskans will vote on a constitutional amendment to ban affirmative action.
This is why CEO decided to look more closely at Nebraska, Clegg said.
"One of the factors that we consider in choosing which schools to analyze and when is whether there is a ballot initiative planned in a particular state," he said.
"In those circumstances, we think the public has an especially strong right to know whether racial and ethnic admission preferences are being used in public universities in that state, since the presence of such discrimination is obviously of great interest and importance to voters considering such an initiative."
Clegg hopes to inform voters of the positives of the amendment, which will "stop state institutions from engaging in racial and ethnic discrimination, which is unfair, divisive and counterproductive," he said.
The study also looked at the law schools at Arizona State and the University of Arizona, where a similar affirmative action ban was being considered. CEO found that both these schools also favor minority students.
"In order to provide our students with the very best education and preparation for the future, I think it is critically important that we provide students with the opportunity to live, study and work with others different from themselves in a variety of ways," said Craig Munier, director of scholarships and financial aid at UNL.
Munier emphasized the fact that diversity is not only a matter of race. Rather, a diverse student population would include students who are the first in their family to go to college, students from low-income families, students from rural areas of Nebraska and more.
Of the 6,946 students who received UNL scholarships in 2007-2008, 309 of them were chosen for awards that used some kind of diversity criteria. This means $2.3 million of the $36.5 million, or about 6 percent, was awarded on the basis of diversity.
UNL Chancellor Harvey Perlman addressed the proposed legislative ban in his State of the University speech last month.
"Proponents of this so-called equal rights amendment seek to unilaterally disarm this university and the state in its competition for talent," he said. "However, even if this amendment passes, there will be no diminishment in our efforts to diversify this campus. Indeed, with some tools removed, we would be forced to redouble our efforts.
"Let me be clear. While we will fully comply with the law, we would continue to evaluate units and administrators on their ability to achieve diversity. We would continue to devote resources to compensate for the disadvantages placed upon us by this initiative."
Willborn agreed.
"I recognize that people have different views on the Nebraska Civil Rights Initiative, and I respect those views," Willborn said. "Whether the initiative passes or not, the University of Nebraska College of Law, like every other law school in the country, will do its best to ensure diversity in its classrooms because it is so central to providing a top-notch legal education."
jennagibson@dailynebraskan.com
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