The difference between a 165 and a 170 is something nominal, like 3 actual questions on the LSAT right? Basically, we would be splitting hairs between somebody in the, say 95th percentile (taking a guess on where 165 falls) and the say, 99th percentile.

You're wrong. Generally, the difference between 165 and 170 is 5-6 questions. Furthermore, the difference between the 95th and 99th percentile is around 8 questions.

The chance of an identical student having a difference of 8 questions (or 7 points, a typical URM boost) is at least two SDs off the mean. In other words, it's not something that will happen simply due to dumb luck.

Carry on with the arguments as to why a black student and a white student with identical socio-economic backgrounds who attended the very same schools from K-16 should have different opportunities if both decide to attend law school. It makes for fascinating reading.

You're wrong. Sorry. The difference between 95th percentile and 99th percentile is at most 3 questions. Don't speak unless you know what you're talking about.

Wanna bet? Here's a sample I was able to find off-hand from last year (June 2006)...

http://i74.photobucket.com/albums/i245/MaraudingJ/June2006Scale.jpg

And here's LSACs Scaled-score to percentile score break-down: http://www.deloggio.com/how&when/newcurve.htm (this stays pretty static test-to-test).

Say what you will, but the difference is most definitely closer to 8 questions than three (in terms of scores, a 165/6 v. a 172; the exact raw numbers vary, but the delta of 7-8 questions is more stable and the general translation of the scores above).

a 167 is 95%. A 165 is 93%.