Predicting Lawyer Effectiveness: Broadening the Basis for Law School Admission Decisions

Law school admission decisions are heavily influenced by a student's undergraduate grade point average (UGPA) and Law School Admission Test (LSAT) score. These measures, although predictive of first‐year law school grades, make no effort to predict professional competence and, for the most part, they do not. These measures also create adverse impact on applicants from underrepresented racial/ethnic groups. This article describes the rationale for and process by which we explored new tests to predict lawyer effectiveness rather than law school grades and reports results of a multiyear empirical study involving over 3,000 graduates from Berkeley Law School and Hastings College of the Law. Tests measuring personality constructs, interests, values, and judgment predicted lawyering competency but had little or no adverse impact on underrepresented minority applicants. Combined with the LSAT and UGPA, these broader tests could assess law applicants on the basis both of projected professional effectiveness and academic indicators.     

‘Supportive Parenting’, Responsibility and Regulation: The Welfare Assessment under the Reformed Human Fertilisation and Embryology Act (1990)

Section 13(5) of the Human Fertilisation and Embryology Act 1990 requires fertility clinics, before offering regulated treatment services, to take account of the welfare of any child who may be born as a result of the treatment and any other child affected by that birth. This paper presents the findings of an empirical study examining the impact on practice of the controversial reform of this section in 2008. While the broad values underpinning section 13(5) appear well embedded in clinic staff's engagement with ethical issues, there is little evidence that practice has been influenced by the 2008 amendments. A complex picture emerged regarding the implementation of section 13(5), particularly in its interaction with other factors, such as funding criteria and professional norms around counselling, implying a higher level of ongoing attention to likely parenting ability – particularly that of single women – than might be expected from a reading of the statute and guidance alone.     

The Unintended Consequences of Structural Change: When Formal and Informal Institutions Collide in Efforts to Address Wicked Problems

Significant restructuring of bureaucracies has occurred to facilitate joined-up working. This article draws on new institutionalism to explore the rationale behind the use of structural change for the promotion of joined-up working. It argues that a strong institutionalized myth has emerged which has created isomorphic pressures in the public sector to instigate structural changes in the name of vertical integration. These combine with informal institutions in ways that can be both productive and unproductive, highlighting the need to find a balance between formal institutional change and informal institutionalized practices, which often go unacknowledged as a powerful influence on policy.     

School and Neighborhood Contexts,Perceptions of Racial Discrimination,and Psychological Well-being Among African American Adolescents

The present study examined contextual influences on the relationship between racial discrimination (individual, cultural, and collective/institutional) and psychological well-being. Two hundred and fifty two African American adolescents (46% male and 54% female, average age = 16) completed measures of racial discrimination, self-esteem, depressive symptoms and life satisfaction. Archival information regarding the racial/ethnic composition of the participants’ neighborhoods and schools was used and increased school diversity was linked to increased perceptions of cultural discrimination. Regardless of school and neighborhood diversity, high perceptions of collective/institutional discrimination were linked to lower self-esteem for students in high diversity settings. Further, high levels of collective/institutional discrimination were associated with lower life satisfaction for African American youth in low diversity settings.

Freedom and Futures: Personal Priorities, Institutional Demands and Freedom of Religion

How should one define the legitimate reach of individuals' institutional obligations in the light of their right to freedom of religion? The most divisive settings for this question involve exclusions from certain jobs and schools. At the same time, some fundamental issues of ethics and law lie in the background. One of the most central concerns choice. On one approach, if there are other sources of work or education that do not make the same demands on the objector then she should choose between conforming and taking up that alternative. On another approach, even if there are such alternatives, people should not be confronted with such a dilemma: they should be entitled to stay in their preferred institution, which must make its best effort to accommodate them. The conflict between these two views arises from underlying differences concerning the nature of free choice itself; about the obligations borne by institutions in civil society; and about basic rights. The connections between these notions are investigated, and a way through the disagreement is suggested.