National Trends in Law School Diversity Remain Steady

The diversity of first-year law students nationwide held steady in 2024, with Black students comprising nearly 8% and Hispanic students just over 14% of the national first-year class, according to newly released data from the American Bar Association (ABA). Asian enrollment also saw a notable increase, rising nearly 2 percentage points to 9.76%. However, this seemingly stable national picture masks a concerning decline in diversity at the nation’s most prestigious law schools, often referred to as the T-14 schools.

Decline at T-14 Law Schools Raises Concerns

Despite an overall 2.6% increase in first-year enrollment at T-14 schools, the number of Black and Hispanic students at these institutions dropped significantly. Black student enrollment fell from 387 to 356, an 8% decline, while Hispanic student enrollment dropped from 547 to 498, a 9% decrease. These declines are alarming, given the critical role these elite schools play in shaping the legal profession’s future leaders, including top law firm hires and judicial clerks.

Experts attribute this trend to the U.S. Supreme Court’s 2023 decision to ban race-based considerations in college and university admissions. Nikia Gray, Executive Director of the National Association for Law Placement (NALP), described the decline as the beginning of a “cascade effect,” where students of color are increasingly redirected to less-selective institutions.

“The data is concerning,” Gray said. “This is likely just the start of a downward trend in diversity within the legal profession.”

The Cascade Effect and Affirmative Action Bans

The “cascade effect”—a phenomenon observed in undergraduate admissions after state-level affirmative action bans—is now impacting law schools. Aaron Taylor, Executive Director of the AccessLex Center for Legal Education, noted that this trend warrants further analysis to determine where Black and Hispanic students are ultimately enrolling.

For example, Harvard Law School’s Black first-year enrollment dropped dramatically, from 43 students in 2023 to just 19 in 2024. Harvard University was at the center of the 2023 Supreme Court case that led to the ban on affirmative action, with allegations of discriminatory practices against Asian-American applicants while favoring Black and Hispanic students. Meanwhile, Stanford Law School—ranked No. 1 this year—managed to increase its Black and Hispanic first-year enrollment, demonstrating that some elite schools can still maintain diversity even in a post-affirmative action environment.

Broader Implications for the Legal Profession

The decline in diversity at top law schools has significant implications for the legal profession. T-14 schools serve as primary pipelines to high-paying Big Law jobs, federal clerkships, and judicial positions. A less diverse student body at these institutions may reduce the representation of people of color in these influential roles.

“This will be reflected in who is hired in Big Law and for clerkships, and eventually in who becomes a judge,” said Verna Williams, CEO of Equal Justice Works. “There will be fewer people of color to choose from, which will have a ripple effect across the profession.”

Asian Enrollment Trends and Methodological Shifts

While Black and Hispanic enrollment declined at elite law schools, Asian enrollment either increased or remained flat at all but one T-14 school. However, part of this growth may be attributed to changes in ABA data collection. For the first time, the ABA included nonresident students in individual racial categories rather than reporting them separately. Nonresident students comprised 3.71% of 2024’s first-year law school class, with the majority hailing from countries like India, China, and South Korea, according to U.S. government data.

Moving Forward: Balancing Diversity in a New Landscape

The ability of some elite schools to sustain or even grow their Black and Hispanic student populations shows that diversity in legal education is still possible without race-based affirmative action. However, experts stress that this will require proactive measures and innovative strategies.

“The declines we’re seeing underscore the urgency of finding alternative ways to promote diversity,” Gray said. “Our profession’s future depends on it.”

As law schools navigate this challenging new landscape, their efforts to foster inclusion and equity will shape not only their classrooms but also the broader legal community for years to come.

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Law schools across the United States are grappling with the effects of recent anti-DEI laws, which challenge the foundations of inclusion and equity in legal education. These laws often defund DEI offices at public universities, ban discussions on divisive concepts related to race, gender, or sexuality, and impose penalties on institutions that do not comply.

Significant Legislative Changes

Key legislative changes include Florida’s Stop WOKE Act, effective since 2022, which restricts how race and social justice issues can be included in public school curricula, and Texas’ SB 17, passed in 2023, which bans public universities from maintaining inclusion offices and curtails scholarship related to race, gender, and sexual identity. These laws have set a precedent, leading to sweeping changes in university policies nationwide.

Challenges to DEI Efforts

Kerii Landry-Thomas, JD, associate vice chancellor of equity, inclusion, and Title IX at Southern University Law Center, emphasizes the hostile environment these laws create for DEI efforts. According to Landry-Thomas, such legislation effectively ends DEI work in states like Texas and Florida and burdens efforts across the country as more state legislators challenge DEI initiatives.

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Supreme Court’s Decision and Its Implications

The U.S. Supreme Court’s 2023 decision to ban race-conscious college admissions practices has heightened concerns among law schools about maintaining racially diverse student bodies. A survey by Kaplan, involving 85 law schools, revealed significant anxiety among admissions officers about the ban’s impact on diversity. The majority expressed concerns, with only a small fraction remaining unconcerned.

Decrease in Racial Diversity

A study by law professors from Yale University, New York University, and Northwestern University found substantial declines in racial diversity at law schools in states with race-conscious admissions bans. Minority enrollment at these schools dropped by 10 points to 17%, with top-ranked institutions experiencing even greater declines.

Adapting to New Admissions Frameworks

Despite these challenges, there is a silver lining. Data from the Law School Admission Council indicates that over 43% of the current national applicant pool includes people of color, the highest percentage on record. However, maintaining this trend under the new legal framework will be challenging. Law schools are broadening personal statement criteria and adjusting application evaluations to adhere to the Supreme Court’s ruling while striving to maintain diversity.

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Impact on Scholarships and Financial Aid

Legal challenges to DEI efforts extend to scholarships, internships, and other related programs. In Wisconsin, the Institute for Law & Liberty sued the State Bar over its Diversity Clerkship Program, resulting in a settlement that opened the program to all first-year law students, regardless of race.

Disparities in Scholarship Distribution

Statistics from the American Bar Association (ABA) reveal disparities in scholarship distribution, with White law students receiving a disproportionately high percentage of full-ride scholarships. Conversely, students of color, who make up nearly 32% of the student population, receive a much smaller share of these scholarships. This contributes to higher debt levels for underrepresented students.

Teaching and Curricula Adjustments

Anti-DEI legislation significantly impacts teaching and curricula in law schools. Traditional equity initiatives aimed at incorporating discussions on implicit bias, racism, equity, and cultural competency face severe restrictions. The ABA had mandated law schools to educate students on these topics, but new legislative constraints curtail explicit discussions.

Integrating Equity Work Subtly

Kerii Landry-Thomas suggests that the hostile legislative environment may push institutions to integrate equity work more subtly and pervasively into their curricula. By focusing on substantive equity work without explicitly using DEI language, law schools can ensure students understand crucial concepts without violating restrictive state laws.

Moving Forward: Strategies for Resilience

Despite the challenges posed by new legislation, some experts believe it may force law schools to adopt more substantial and effective diversity strategies. This involves diversifying faculty and administration, broadening recruitment and admissions policies, and creating accessible environments for all students.

Embracing a New Beginning

Landry-Thomas asserts that growing hostility towards DEI necessitates a shift from programmatic to institutional frameworks. By embedding the principles of equity and belonging into the core operations of institutions, law schools can continue to advance diversity and inclusion in ways that comply with restrictive laws. This shift represents not an end but a new beginning for DEI efforts in legal education.

Looking Ahead

Law schools must develop integrated and effective approaches to DEI to ensure these principles remain a vital part of legal education. The resilience and adaptability of law schools and their commitment to diversity and inclusion will be crucial in navigating the complex legislative landscape. Law firms and organizations hiring graduates still expect an understanding and appreciation of DEI principles, underscoring the importance of maintaining these efforts.

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In a groundbreaking shift within the legal landscape, new figures released by the National Association for Law Placement (NALP) indicate that, for the first time, more women were employed as associates at U.S. law firms than men in 2023.

Women Outnumber Men Among U.S. Law Firm Associates

According to survey data unveiled on Tuesday by NALP, 50.3% of U.S. associates were women last year, marking a significant milestone in gender representation within the legal profession. This development reflects a steady trend, as the number of women enrolled in U.S. law schools surpassed men eight years ago, with nearly 56% of current J.D. students being women at American Bar Association-accredited law schools.

Closing the Gender Gap Over Three Decades

The data reveals a remarkable journey over the last three decades. When NALP began tracking diversity data in 1991, women constituted slightly more than 38% of law firm associates. Now, it has taken 32 years for women to achieve equal and slightly more excellent representation among associates, highlighting the slow but persistent nature of real change, as stated by NALP’s executive director, Nikia Gray.

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Women’s Progression to Partnership and Persistent Disparities

While women’s representation among associates has substantially increased, progress toward partnership has been slower. In 2023, women accounted for 27.76% of all partners, marking the most significant year-over-year gain recorded by NALP at 1.1 percentage points. However, the gap between female associates and partners persists, raising questions about bias, lack of inclusion, mentorship disparities, and uneven caregiving demands within law firms.

Rise in Racial Diversity and Ongoing Challenges

NALP’s data also sheds light on positive developments in racial diversity. In 2023, the percentage of associates of color increased by 1.8 percentage points to 30.15%, setting another record. Non-white partners also experienced a 0.6 percentage point increase to 12.1%. Despite these gains, women of color represent less than 5% of all partners. However, 2023 marked a milestone with Black and Latina women each accounting for more than 1% of partners.

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Potential Slowdown in Diversity Shift

While the overall trends show progress, there are potential challenges ahead. NALP found that the percentage of minority students in summer associate internships dropped for the first time since 2017, declining 0.75 percentage points to 42.27%. This decline raises concerns about a potential slowdown in the diversity shift among associates, given that summer programs are often considered pipelines to full-time law firm positions.

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In the wake of the U.S. Supreme Court’s pivotal decision to scrutinize race-conscious initiatives, former U.S. Attorney General Loretta Lynch has assumed a leading role in a groundbreaking effort to assist companies facing legal backlash over their diversity programs.

Aiding Companies in Diversity, Equity, and Inclusion (DEI)

Lynch, now affiliated with Paul, Weiss, Rifkind, Wharton & Garrison, joins the ranks of firms responding to growing concerns surrounding race-focused initiatives in the United States. In an era marked by heightened legal scrutiny, Lynch’s firm is poised to counsel companies striving to uphold their commitments to diversity, equity, and inclusion (DEI) while contending with pressing legal challenges from activists, shareholders, and other stakeholders.

Co-leadership and Prominent Figures

Heading the DEI strategic advisory practice is a formidable team comprising Paul Weiss Chairman Brad Karp, former U.S. Attorney General Loretta Lynch, and Jeh Johnson, a former U.S. Homeland Security secretary. Both Lynch and Johnson bring with them significant experience from their roles in the Obama administration.

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Predicting Ongoing Litigation

At a recent New York State Bar Association event, Jeh Johnson expressed his anticipation that the debate over diversity, particularly in higher education and the private sector, will likely persist for years.

Supreme Court Ruling Sparks Controversy

The Supreme Court’s June decision to reevaluate affirmative action policies in higher education has encouraged conservative lawmakers and advocacy groups to challenge diversity programs more broadly. This includes initiatives within U.S. companies and prominent U.S. law firms.

Anti-affirmative Action Activist Leads the Way

Edward Blum, an anti-affirmative action activist whose lawsuit was pivotal in the Supreme Court’s decision, has since taken legal action against entities such as Fearless Fund, an Atlanta-based venture capital fund, and law firms Perkins Coie and Morrison & Foerster. These lawsuits target the grant and fellowship programs they offered to Black, Hispanic, and other underrepresented minority groups.

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Pioneering Efforts Across Legal Firms

Several prominent law firms have proactively established specialized teams to navigate the evolving landscape following the affirmative action ruling. These firms include Gibson, Dunn & Crutcher, McGuireWoods, and Simpson Thacher & Bartlett.

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