Posted by <a href="http://www1.law.ucla.edu/~sander/";>Rick Sander 
(guest-blogging)</a>:
Responding to Critics (1):  A New Test of the Mismatch Theory:
http://volokh.com/archives/archive_2005_06_05-2005_06_11.shtml#1118436252


   The basic argument of [1]Systemic Analysis is simple: if there is a
   very large disparity at a school between the entering credentials of
   the âmedianâ student and the credentials of students receiving large
   preferences, then the credentials gap will hurt those the preferences
   are intended to help. A large number of those receiving large
   preferences will struggle academically, receive low grades, and
   actually learn less in some important sense than they would have at
   another school where their credentials were closer to the school
   median. The low grades will hurt their graduation rates, bar passage
   rates, and prospects in the job market. This is what I call the
   âmismatch effect.â

   My paper tested this idea by comparing the outcomes of whites (who
   generally receive small or no admissions preferences from law schools)
   with blacks (who generally receive large, race-based preferences) to
   compare the outcomes of students who start with similar credentials.
   My results are robust and, as Iâll discuss in coming days, have
   withstood criticism pretty well. But I and everyone else agree that it
   would be preferable to compare blacks with other blacks. In other
   words, the ideal control group for examining blacks who receive large
   racial preferences would be a group of blacks who received smaller
   preferences, or no preferences at all.

   As I discuss in my Stanford [2]âReply to Criticsâ, such a comparison
   group not only exists â we now even have data on their outcomes. After
   Systemic Analysis had gone to press, Ian Ayres and Richard Brooks at
   Yale pointed out that the Law School Admissions Council, in one of the
   surveys administered to students in its Bar Passage Study (a major
   source for my paper), had asked the students in detail about how they
   applied to, and selected, the law school they attended. About ten
   percent of the 1800-odd blacks in their study reported that they had
   chosen to pass up their âfirst-choiceâ school even though they had
   been admitted to that school. Most of these students apparently went
   to a lower-choice school because of financial aid offers or for
   geographic reasons. The data suggests that these black âsecond-choiceâ
   students had credentials substantially closer to those of their
   classmates. Compared to other blacks, these blacks closed nearly half
   the credentials gap.

   These âsecond-choiceâ students are not a perfect control group, of
   course â no one was randomly assigned to attend schools offering
   different levels of racial preference â but it is about as good a
   chance to test the mismatch theory as we are likely to have for some
   time. If the theory is right, then the second-choice students should
   have better outcomes: higher graduation rates and more success on the
   bar. In the table below, I make predictions about how the blacks going
   to their second-choice schools should perform, based on simple linear
   assumptions (if blacks going to second-choice schools close one-third
   of the credentials gap with their classmates, they should close a
   proportionate amount of the outcomes gap, once one controls for index
   differences).

   If the theory is wrong, in contrast, then of course the blacks going
   to second-choice schools should have about the same outcomes as blacks
   who took full advantage of the preferences they were offered. In the
   data presented below, weâd expect the blacks going to second-choice
   schools to do slightly better, since they somewhat better index scores
   than the average black law student (but this difference alone would
   only close about one-eighth of the gap in outcomes).

   The actual outcomes look like this:

   Outcome

   White Success Rate

   Success Rate for Blacks Other Than Those Going to Second-choice school

   My prediction of success rates for blacks going to second-choice
   school

   Actual Success Rate for blacks going to second-choice school

   Graduate from Law School

   92.2%

   81.1%

   86.3%

   89.9%

   Pass Bar on First Attempt

   92.1%

   59.6%

   74.8%

   80.3%

   Pass Bar Eventually

   96.8%

   77.1%

   87.6%

   86.1%

   Proportion of Original Cohort Becoming Lawyers

   83.3%

   57.0%

   69.3%

   69.0%

   These are pretty remarkable results. The âmismatchâ predictions are
   either right on target or, in some cases, too low. The differences in
   success rates between black law students generally and those going to
   their second-choice schools are huge. As with everyone else, the black
   second-choice studentsâ outcomes depend heavily on their grades. But
   these blacks are substantially less mismatched than other blacks, and
   they get substantially higher grades (they average about ten
   percentile points higher in their classes â another outcome exactly in
   line with predictions).

   Many critics of Systemic Analysis, when they come to the question of
   why black law students have such low graduation and bar passage rates,
   either offer no explanation or rather wearily suggest a âsomething
   about raceâ problem. These data offer a very clear example of how well
   blacks can perform.

   There are two sorts of objections one might raise about this data.
   First, are the samples involved large enough to produce statistically
   significant, reliable results, or could these results somehow be a
   fluke? And second, is there some way that the blacks going to
   second-choice schools are systematically different (other than their
   slightly higher credentials) from other black law students? I think
   the answers are (a) the results are very reliable and (b) there are no
   alternative explanations for these results. But these require slightly
   longer explanations, and Iâll elaborate in my next post.

References

   1. http:/www1.law.ucla.edu/~sander
   2. http:/www1.law.ucla.edu/~sander

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