The University of Texas at Austin

Date: June 25, 2001

The Effects of Hopwood

The University of Texas School of Law produced more African-American and Mexican-American graduates combined than any other law school in the USA, with the exception of historically African-American schools such as Howard University. [1]

The 1996 decision in Hopwood ended all consideration of race in admissions to the law school.  The result was that minority enrollment shrank dramatically.  Black enrollment dropped more than 90% in the first year, from 38 to 4.  Mexican-American enrollment dropped nearly 60%, from 64 to 26. 

To understand the impact these declines have in a typical law school classroom, consider that minority students (or any other group of students) are divided among four first-year sections, twelve or more small-section first year courses, and scores of upper level courses.  Without affirmative action, many classes have no African-American or Mexican-American students.    

Even with affirmative action, minority enrollment at the law school had never approached minority proportions in the state's population--Texas is more than 11% Black and more than 30% Mexican-American.  Without affirmative action, minority enrollment at the law school is a small fraction of the state's minority population.

With or without affirmative action, the average applicant to the law school has less than a 25% chance of admission.  Affirmative action makes a difference in these chances of only 2 or 3%.  With more than 4000 applicants a year, affirmative action for a hundred or so of them has little effect on everybody else.

For more information contact Professor Douglas Laycock at dlaycock@mail.law.utexas.edu.

[1] Source: American Bar Association, 1992-1998, Table C3-9899. 

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