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One of the most challenging problems in legal scholarship is the measurement of attorney ability. Measuring attorney ability presents inherent challenges because the nonrandom pairing of attorney and client in most cases makes it difficult, if not impos

An important criticism of race-based higher education admission preferences is that they may hurt minority students who attend more selective schools than they would in the absence of such preferences. We categorize the non-experimental research designs available for the study of so-called "mismatch" effects and evaluate the likely biases in each. We select two comparisons and use them to examine mismatch effects in law school. We find no evidence of mismatch effects on any students' employment outcomes or on the graduation or bar passage rates of black students with moderate or strong entering credentials. What evidence there is for mismatch comes from less-qualified black students who typically attend second-or third-tier schools. Many of these students would not have been admitted to any law school without preferences, however, and the resulting sample selection prevents strong conclusions.

We thank the Andrew W. Mellon Foundation for financial support. We alone are responsible for the contents and for all remaining errors. The views expressed herein are those of the author(s) and do not necessarily reflect the views of the National Bureau of Economic Research. NBER working papers are circulated for discussion and comment purposes. They have not been peerreviewed or been subject to the review by the NBER Board of Directors that accompanies official NBER publications.