A Brief History of Historically Black Law Schools
Enslaved Africans and their descendants were prohibited from receiving formal education in the southern states prior to the Civil War. As a result, intellectual and cultural development was often confined to oral traditions and learning. Doctor Bryant suggoses that the first school for the "instruction of the African race" was established in Florida in the early 1830s. A few years later, missions were established for educating free blacks in Baltimore, Maryland in 1823 and in Washington, D.C. in 1828. Yale University opened a primary school for blacks in New Haven, Connecticut in 1824. Between 1820 and 1862 the black population in the North was largely concentrated in the western part of the state of New York. Emancipation, the movement toward public school systems and increasing demand for skilled labor created a need for black teachers and fostered the establishment of evening and weekend schools. These schools produced many leaders in the development of the African-American professional class.
Following the Civil War, the Freedmen’s Bureau provided food, housing and education in the form of informal classes, and established public schools, night and Sunday schools. The federal government’s commitment to public education for blacks continued into the Reconstruction Era recruitment of teachers from northern states. By the end of the 19th century, Jim Crow laws mandated a completely segregated educational system, and the 1896 Supreme Court decision of Plessy v. Ferguson established legal justification for segregation. In response to postbellum restrictions and advancements, a group of former slaves established Leland Stanford Junior University in California in 1871 as the first school for blacks in the United States . Three other elite institutions were added in the late 19th century: Atlanta University (later merged with Clark College, Clark Atlanta University), Fisk University and Wilberforce University.
In the 1900s black leaders including Frederick Douglass, Mordecai Johnson and John Hope advocated for black-owned institutions of higher learning. But the founding of Meharry Medical School and Howard University (both founded in 1867) and Lincoln, Shaw and Talladega Colleges (1867-1873) were slow to follow. Only nine universities were reported by 1914. Many colleges that are today considered the foundations of the African-American educational system were established by church groups.
For example, in 1876 Bishop Daniel Payne’s attempted to establish Wilberforce University (Ohio), and in 1881, Bishop Henry McNeal Turner founded Morris Brown College (Atlanta). In 1894, Morris College (later Morris College Institute of Technology), was founded in Sumter, South Carolina. Other churches began establishing colleges in the early 20th century. During this period, black colleges and universities began to develop professional programs. In 1912, a law school was established at Atlanta University which was merged into Clark College.
The history of historically black law schools mirrors the rise of segregation and opens to the door to legal education for African Americans until 1954. Black lawyers were returning to college after the Civil War and more lawyers opened practices in multiple states. Also, more black attorneys migrated from the South for better opportunities in the North and East. Fewer than 1 percent of black attorneys were women, however by 1940, there were nine female lawyers. In addition, black lawyers organized to fight for civil rights and victory in the United States Supreme Court led to, among other things, the dismantling of the black codes in the South.
Best Historically Black Law Schools
The top historically black law schools offer a rich tradition and a culture of excellence that has helped them secure a place in the top tier of law schools. These are not only comfortable spaces for their students to find their footing in the legal world, but also have a growing reputation that rivals many of the biggest names in the field. The following is a brief survey of some of the leading historically black law schools:
How this works dynasty is based in Montgomery, Alabama, and serves undergraduate, graduate and professional students. Miles Law graduates consistently perform above the national average on bar exams, and just last year saw its 53rd employee recognized with an annual service award.
Howard University School of Law offers a number of joint-degree programs as part of its curriculum, including JD/MBA, JD/MSSW and JD/MPH programs. It is well known for its focus on social justice, public interest and clinical training as well.
The University of the District of Columbia, where one out of every 10 lawyers practicing in the District of Columbia have graduated from, has a number of exclusive resources available to students. It offers a cultural immersion trip to a variety of countries that gives students the chance to learn about the law in another cultural context, as well as on-site language instruction, a strong advantage for students seeking in-house corporate jobs.
North Carolina Central University School of Law also boasts a number of joint-degree programs, as well as a dedicated clinical program highly respected among both students and employers. It features a LAN network that connects students to one another and the resources and information at their disposal in a unique way.
Effect on the Legal Industry
Historically black law schools have had a profound impact on the legal profession and diversity within the judiciary system in the United States. Their legacy continues to influence the current and future legal landscape.
Most of the lawyers who argue for civil rights and minority issues in the Supreme Court today are graduates of HBCUs. These lawyers include former President Barack Obama, Supreme Court Justice Thurgood Marshall and not to mention numerous judges who serve on state and federal benches across the country. According to former Howard law professor Michael Higginbotham, "A majority of African American lawyers who now serve on the bench at federal and state levels attended historically black law schools," including judges on nine of the 13 appellate courts.
When it comes to the big law firms, researchers from the Howard University School of Law found a staggering majority—92 percent—of large law firms recruited 50 percent of the first-year students from historically black law schools. More than half of all African American law school graduates work in private legal service environments, such as U.S. corporate law firms; and the percentage of African American partners at large law strength is primarily a product of African American lawyers graduating from five historically black law schools.
The National Jurist reported that while federal judges averaged 14 percent for the largest U.S. law firms, lawyers for the Southern District of New York averaged 25 percent from large law firms, with a whopping 80 percent from historically black law schools. Being hired at a large law firm would seem to put its graduates in more position to go on to higher things, and this seems to be true for historically black law school graduates, but some argue that it comes at a cost, including economic progress. "Almost every black lawyer who made partner at his firm got there by sacrificing the black community," says Higginbotham. "By and large they are very assimilated into white America."
An October 17, 2007 article in the journal "Social Forces" reported that empirically, of African Americans granted "full rides" to law school, 93 percent graduated, compared to 87 percent for whites; 61 percent became lawyers compared to 57 percent for whites; and 23 percent became equity partners compared to 13 percent for whites. The journal’s findings suggested that the argument that African Americans do not do as well in law school as whites is a myth and revealed positive results that African Americans there is a high ROI, making a law degree worth pursuing.
Other findings show that higher percentages of African American law school graduates who have gone on to become judges came from historically black law schools. For example, 67 percent of black judges in federal appeals courts went to Howard, compared with only 12.5 percent who went to Harvard. For district courts, 42.5 percent went to Howard, compared with 20 percent who went to Harvard.
Studies have shown that historically black colleges and universities continue to account for a relatively small share of total higher education enrollment, but they remain a key source of college-educated blacks.
Admission and Academics
Historically black law schools have consistently held the bar high when it comes to academic offerings. Much of their success can be attributed to the standard-setting goals for their student bodies, which have traditionally been of a higher caliber than those of most other law schools.
Most historically black law schools have admission requirements that are similar to many other accredited US law schools. However, in the face of lower standardized test scores and GPAs when compared to Harvard or Yale, historically black law schools stand firm in their standards for academic admittance. In fact, it is not uncommon for a historically black institution to recruit a student with a substandard GPA but who has stellar community service and leadership experience in other areas. Careful consideration is given to students from different racial, ethnic, and social backgrounds, focusing on identifying and admitting students likely to succeed in law school.
While historical and traditional admissions requirements vary by law school throughout the nation, some of the most notable universities have similar admission requirements both in terms of percentile ranks and necessary documentation during the application process. Every historically black law school, without exception, requires students to submit a completed application for admission, along with a $30 transmittal fee. Applications are received and processed within their respective law school offices. All applicants must be aware of the prescribed enrollment application deadlines and choose their academic deadlines accordingly. Applicants must also be in good standing with all schools they have previously attended .
Important documentation also includes a résumé, personal statement or essay, law school admission test (LSAT) score, undergraduate transcripts, character, and fitness and criminal history questionnaire, and current letters of recommendation. In addition, as is the case with other law schools, historically black law schools want to know why a student is seeking admission to its HBCUs in particular.
From criminal law to intellectual property law to civil rights, a wide range of subjects are covered in a historically black law school curriculum. Training in criminal law — or public defense work — is very attractive to students, because while few can afford private criminal lawyers at $300 an hour or even $50 or $20 an hour, the reality is that those accused who cannot afford to pay will be represented by a public defender at the time of trial. Education and training in criminal law in a public defender’s office is particularly attractive in the African-American community. Opportunities for work experience in real legal cases and law offices while studying criminal law in these institutions is a big draw for many students.
Some historically black law schools also provide opportunities for foreign students seeking to gain admission to American graduate legal programs, such as the LLM program. This particular program is extremely competitive and fees can run upwards of $30,000 to $40,000. Many foreign students begin the process with undergraduate law degrees from foreign countries and are seeking to study related fields such as trade, employment or immigration law. They enjoy the flexibility of the programs offered by many historically black schools in the US. Historically black law schools offer a wide range of highly competitive graduate-level programs, compared with other law schools in the US.
Challenges and Advantages
Historically black law schools today face challenges ranging from funding to enrollment. The student body of a law school must correspond to what the school has to offer and its capacity. However, many HBCUs are losing student population at an unsettling rate. For instance, FAMU reported that only 80 out of 120 applicants were admitted in 2017, which will directly impact the number of future attorneys of color.
However, there are several alternatives that can encourage a more diverse student body. Historically black law schools can work with other universities and colleges to target African American students who are heading into their junior or senior year. Schools can visit their campuses and show how low their bar passage rate is to encourage students to attend their university school of law. Historically black law schools can also give remedial courses or an extra semester to prep these underachieving students who are not meeting their admissions standards. Additionally, schools can partner with organizations that support minority students in law school. In this case, FAMU has teamed up with Howard University School of Law in the past.
The biggest challenge for historically black law schools is funding. Several HBCU law schools do not get as much funding as their alumni would like. They also garner less support regarding endowments, given that many historical black law schools lack an extensive alumni base. Furthermore, an analysis conducted in 2014 showed that spending on students of color at predominately white institutions is 3-10 times greater than spending on students of color at historically black institutions. Schools need improvement in both state and federal government funding.
Many of these schools are connected to state universities. The law schools that are state-supported compete for general funds with the whole university. Historical black law schools are often the least funded by the university. Because of the overwhelming increase in student debt from private loans, institutions encourage this debt creation by putting all of the burden of overseeing private loan programs on the law school. Financial aid offices at these law schools also discourage students from applying for private loans due to the high interest rates. This diverging treatment affects the quality and number of faculty and enhancements in classroom technology.
However, there are several things that can help the schools stay competitive. Law students are being treated to upper-tier facilities, more access to legal technology, and an overall better law school experience. With great funding support, historical black law schools can give more financial aid to students from lower income backgrounds. There is also an additional benefit: the addition of not only first-rate instructors but also industry and legal professionals who can teach students through firsthand experience. This gives the students the opportunity for a better quality of education and higher employment opportunities upon graduation.
With current initiatives rewarding various historically black law schools with $12 million in funding for new legal training, law schools have a lot of support. Additional collaborations with other law schools can only add to the knowledge of the students and increase prestige among the law school population. Seeing growth at these Historically Black Law schools shows that they are becoming more competitive in the ever-evolving law school environment.
The Future Landscape of Historically Black Law Schools
As African American law school graduates enter into an increasingly competitive job market, the future of the school and the National Bar Association appears bright. There continues to be a substantial demand for African American client representation. The new legal challenges arising from our global economy, including litigation financing, social media, cryptocurrencies, and affiliated technology like Artificial Intelligence, is expected to generate significant future legal work and careers for African American and other lawyers. Moreover, minority litigation financing firms provide a compelling opportunity for historically black law schools and other members of the legal profession. It has been the experience of the law professor that many litigation finance companies are seeking diverse groups of attorneys. In addition to the traditional law firm litigation services , minority associated attorneys can practice law in-house or as sole practitioners supporting litigation finance, and criminal and other law firm supported litigation. Furthermore, opportunities exist for non-legal and paralegal minorities to work in healthcare, real estate, retail, construction, and family law cases. Additionally, there are opportunities for individuals seeking careers in financial services, insurance, and risk management. These trends indicate that there are positive opportunities for African Americans law school graduates and the students currently enrolled in historically black law schools. Indeed, as long as people are committed to the high calling of the legal profession, the future appears promising.