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Bar Still Won't Release Race Data

Publication Date: 
November 09, 2007
The Recorder
Mike McKee

Professor Michele Landis Dauber is quoted on the State Bar 's refusal to release private data about its applicants to a UCLA law professor who wants to use the information in his race-based study. The Recorder reports:

LOS ANGELES — UCLA School of Law professor Richard Sander struck out for the second time Thursday in his attempt to get the State Bar to work with him on a study about affirmative action's possible impact on black law students' failure rates.

And it's extremely likely it will be three strikes and out today when the State Bar's Board of Governors takes one last look at his request.

Sander and his team, including Hastings College of the Law professor Vikram Amar, went before the board's Committee on Regulations, Admissions and Discipline on Thursday to try to convince it that the bar's Committee of Bar Examiners erred earlier this year when that committee rejected their request for historical data on past bar exam scores. The requested data included the race and academic credentials of each applicant but not their names.


... Bar applicants hadn't provided personal data about themselves for any other use than internal State Bar studies. In fact, Stanford Law School professor Michele Dauber argued, the federal Family Educational Rights and Privacy Act prevents third-party access to the records Sander wants.

"This is true whether or not the information is handled by Professor Sander, Dr. Klein or anyone else," she said.