The title of this post is taken from the title of my UCLA law school colleague Rick Sander's new paper, in which he argues that:
Although nonwhites now account for nearly one-fifth of new attorneys, they still make up less than four percent of the partners at large law firms. Most commentators have blamed some combination of firm discrimination and minority disinterest for this disparity. In this Article, the author uses several new sources of data to explore this phenomenon, finding significant support for the following findings. Each of the major nonwhite groups (Asians, Hispanics and blacks) are as interested during law school in careers with large firms as are whites. Large law firms use very large hiring preferences for blacks, with the result that blacks are overrepresented among firm hires (relative to their numbers among law graduates) and tend to have much lower grades than their white counterparts. The large preferences are plausibly linked to a variety of counterproductive mechanisms that cumulatively produce very high black attrition from firms and consequently low partnership rates. Similar patterns, on a less intense scale, affect Hispanics entering large firms. While many questions are open, the author concludes that aggressive racial preferences at the law school and law firm level tend to undermine in some ways the careers of young attorneys and may, in the end, contribute to the continuing white dominance of large-firm partnerships.
