Jason Iuliano and Avery Stewart (Yale University - Law School and IBM) have posted The New Diversity Crisis (Tennessee Law Review, Forthcoming) on SSRN. Here is the abstract:
Fifty years ago, the federal judiciary was forced to confront a diversity crisis. The problem: a complete lack of surface-level (i.e., demographic) diversity. In this Article, we chart the rapid increase in surface-level diversity in the federal courts and find that the modern judiciary looks more like the citizenry it serves than it has at any other point in history. Although this particular diversity crisis has abated, a new one is taking shape.
Today, deep-level diversity is at an all-time low. Deep-level diversity denotes those attributes that are non-demographic in nature. It includes characteristics such as work experience, values, attitudes, and educational background. Given the salience of educational background in recent Supreme Court nominations, we focus on this dimension. Based on more than two hundred years of data on the legal education of judges, our analysis reveals that graduates of a smaller and smaller number of law schools are capturing a larger and larger share of the federal judgeships. This trend is emblematic of the decline in deep-level diversity in the judiciary and illustrative of a problem we call “The New Diversity Crisis.”
Here is Table One from the paper: