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Building a Better Admissions Test

November 11, 2008

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Most standardized admissions tests -- from the SAT and ACT to those used for admission to graduate and professional schools, such as the Law School Admission Test -- promise one thing: to predict academic success in the first year enrolled. Most standardized tests also face growing skepticism because white and Asian students tend to outperform, on average, black and Latino students.

What if a standardized test managed to predict much more than first-year success? And what if there existed the possibility of having standardized tests that didn't have ethnic or racial gaps, but better predicted long-term success?

Researchers at the University of California at Berkeley have been engaged in a long-term research project to produce such tests for use in its law school -- and they think they have a model that does those things exactly: predicts success as a lawyer (not just as a first-year student) and finds success across demographic groups. Given that law schools exist to produce lawyers, not first-year law students, Berkeley officials think their findings are significant and they are now releasing them for public view and -- they hope -- for testing on a national scale.

While Berkeley is at this time calling for more research and not an abandonment of traditional admissions processes, the report it has released suggests that the time is ripe for a major reconsideration of how law students are admitted.

"Rising numbers of law school applicants, concern over litigation and preoccupation with school rankings have pushed overemphasis on the LSAT to the breaking point," says the Berkeley report. "Definitions of 'merit' and 'qualification' have become too narrow and static; they hamper legal education’s goal of producing diverse, talented and balanced generations of law graduates who will serve the many mandates and constituencies of the legal profession. New predictors combined with existing LSAT measures could extend from prediction of law school success to prediction of professional effectiveness in law school admissions."

The Berkeley experiment involved a large-scale effort to identify the qualities that make good lawyers, and then to compare the correlation between scores on the Law School Admission Test as well as alternative measures that could be used for admission to later success as a lawyer. The alternative measures are a range of biographical, personality and "situational judgment" tests. What the researchers found was that while the LSAT correlates with first-year grades, as promised, it doesn't correlate with later success as a lawyer. Combinations of the other tests do correlate with success as a lawyer, as defined by having various qualities of success measured in the study, and without racial and ethnic gaps.

In some ways, the experiment is similar to efforts at Tufts University, where traditional admissions measures have been supplemented by questions and exercises designed to capture a much broader range of talents and knowledge. Even the College Board is now working on non-cognitive measures of success.

The Berkeley research project has been going on in one way or another for about 10 years. Boalt Hall, Berkeley's law school, experienced a steep drop in black and Latino enrollments when California barred affirmative action in public higher education admissions decisions, and that in turn prompted a debate about definitions of merit and particularly standardized tests.

"To admit primarily on the basis of LSAT test scores and grades to a professional field that has great importance to our society, seemed short-sighted," the report on the new research says. "Lawyering requires a variety of talents and skills beyond those represented in these important, but limited, measures. Over subsequent years, the emphasis on the LSAT plus grades has actually grown with the advent of such highly publicized rankings as the U.S. News & World Report for whom entering class median LSAT scores are a key factor. These trends were playing out against a desire on the part of law schools to train a diverse population of legal practitioners, a goal that overemphasis on purely cognitive measures suppressed."

So the law school, accepting the premise that a national comparison is needed, had Berkeley professors devise the research project that has now been released. First they looked for models to "predict effective lawyering," by conducting a series of interviews and surveys with more than 2,000 Berkeley law alumni. Eventually, they focused in on 26 factors that relate to success as a lawyer. Then the researchers started compiling a series of additional tests that could be used in some way to evaluate prospective law students -- these included existing personality tests such as the Hogan Personality Inventory and the Motives, Values, Preferences Inventory. Customized tests were also developed, such as a review of situational judgment and an analysis of biographical information. The researchers obtained LSAT scores, law school grades and demographic information about 1,148 alumni.

Then, the research matched the scores that these alumni received on the non-cognitive tests and measures with law school performance and the LSAT. The results suggested that the non-traditional measures could be used to predict success as a lawyer, while LSAT scores could not do so. In particular, the research found strong correlations between the situational judgment and biographical analysis and success as a lawyer. Notably, there were not race or gender differentials that arose out of the new potential admissions criteria.

Ellen Rutt, associate dean for admissions at the University of Connecticut’s law school and chair of the Law School Admissions Council, which runs the LSAT, said that the Berkeley results were "interesting" and were being discussed by the council. She said it was "too early" to know where the research might lead.

At the same time, Rutt called the LSAT an "enormously powerful tool" at predicting the success of first-year law students, and questioned whether the information in the Berkeley study could do that. "What lawyers do on a day-to-day basis may be very different from what a first-year law student does," she said. Rutt said her hope was that this new testing approach was "not meant to supplant the LSAT," but perhaps to provide "useful information" on top of the LSAT.

Robert Schaeffer, public education director of the National Center for Fair and Open Testing, said he was intrigued by the new research and hoped for additional work on this method of testing. He said his organization "welcomes all attempts to develop new measures that are as good or better predictors of meaningful performance while imposing a less disparate impact on historically excluded groups."

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Comments on Building a Better Admissions Test

  • About law school
  • Posted by Jack on November 11, 2008 at 8:55am EST
  • So does this new test predict success in law school?

    I'd like to know how success as a lawyer correlates with law school attended.

    Does this new test predict law-school success or professional success?

  • Perhaps a different revelation
  • Posted by Jim Henson on November 11, 2008 at 9:35am EST
  • More interesting, perhaps, is the implication for questioning what the first year of law school is doing. If LSAT scores strongly predict performance during the first year of law school but not success later as a practicing lawyer then that implies doing well during the first year is also not related to becoming a productive lawyer. Challenging the first-year law school pedagogy--or , at least, the first year reward system, seems in order.

  • Posted by Steve Schwartz on November 11, 2008 at 11:40am EST
  • The LSAT needs a serious overhaul. It can easily be beaten with a little preparation.

    http://LSATtips.blogspot.com

  • First-year success
  • Posted by Dr. F. Gump on November 11, 2008 at 11:50am EST
  • If the old axium, "look to your right & look to your left, half of you will not be here by the junior year" is illuminating . . .

    Successful college graduates must of course, complete the first year successfully.

    If determination, well-focused goal-setting, time management, ability to set short-term objectives that (if followed) will lead to long term goal attainment, contingency plans to overcome problems along the way, and the "bank of mom & dad" are all positively correlated with college and life success, then of course the SAT, ACT, LSAT, MSAT, etc. are also positively correlated with (somewhat) wealthy, stable, supportive families of origin.

    Conversely, working too many hours while one is a full-time college student, having strife or less-than-supportive families, not having assistance in forming realistic goals would probably sink most students regardless of color, ethnicity, gender, etc.

  • Pretzel research
  • Posted by Rod Bell , Adjunct Professor at College of DuPage on November 11, 2008 at 12:00pm EST
  • Jim Henson's point is well taken: If first-year grades in law school don't correlate well with later success as a lawyer, wouldn't you look at what's being taught, rather than at who's being admitted? But, if you read the report, as I do, you can see that the researchers were advocates, not scientists, and their chief goal and criterion was to find tests that would not favor whites for admission, hence they looked for factors (and found a nice, elegant 26-item list!) that were deemed desirable in a practicing lawyer and that, hopefully, were not correlated with race/ethnicity. By comparison, then, we can look at med schools: For quite a while, now, the medical profession has been under pressure to produce doctors with better bedside manners, etc. The profession's response seems to have been along the lines of teaching things in medical school that they didn't used to teach, and generally stressing more respect for patient authority, autonomy, and rights. Likewise, activists have stressed consumer education and advocacy, demanding more appropriate responses from doctors and others in the profession. Apparently, these researchers would have urged a different approach: Devise tests that select for sympathy (bedside manner), sense of fairness (access to care), etc., and then privilege the applicants for med school on those bases as well as on scientific aptitude for medicine. Now, if my mom had only been able to screen me for my tolerance for this kind of thinking--hopefully, through some biological test administered while I was still young enough to qualify for legal abortion--I could have been spared the agony of reading reports like this, and the no doubt earnest young things who produced it could be spared my unenthusiastic review.

  • basics
  • Posted by Larry on November 11, 2008 at 6:35pm EST
  • Mr. Gump:

    I think I need to provide some basics about law school here.

    Higher ranked schools have higher grade curves. Lower ranked schools have lower grade curves. Higher-ranked schools have higher LSAT scores, and lower ranked schools have lower scores.

    The result is that high-ranked schools are less challenging, in that there is virtually no chance of flunking out of a higher-ranked school. On the other hand, at a lower ranked school not only is there a higher chance of flunking out, but there is a high likelihood that a student will be tarred with mediocre grades.

    The problem with this system (which by the way I support) is that it is very self-fulfilling. Of course, students with high LSAT scores will do well in law school. They are virtually guaranteed acceptable grades.

    “Success” as a lawyer is dependant upon a number of things, namely: 1) what school someone goes to; but also 2) what practice area someone likes; 3) their personality; 4) politics.

    I should add that while it is unfortunate that some people score low on the LSATs due to some factor, in the real world nobody cares about individual hardships. No client will ever accept “I had to work in college” as an excuse. Save the excuses for the undergrad professors.

  • Posted by Roxy on November 11, 2008 at 8:30pm EST
  • How did this study define "successful lawyer"?
    Seems that like alone could spark an interesting discussion...

  • Posted by David Kane on November 11, 2008 at 10:15pm EST
  • This is a poorly reported article because Scott leaves out any explanation of the definition implicit in "predicts success as a lawyer." First year grades are well defined and easily measured. Just what sort of "success" does this study purport to predict?

    Read pages 40ff for the answer. Short version: If your co-workers think you're a success, then you must be a success, even if your co-workers are stupid and you work at a lousy firm.