01 October 2015

More About Bar Exams

Go here to read a valuable piece explaining why the falling pass rates on Multi State Bar exam do not mean the test is getting harder. Instead, as should be obvious to anyone who's been paying attention, law students, and hence law school graduates, are not as bright as they used to be. Thus, until the demand for legal education increases or the supply decreases, we should expect that MBE scores will remain depressed.

This begs the question of what a bar exam is for. If you want to know what I think, go here to read one of my posts from over five years ago. In short: "No matter how bar examiners characterize the bar exam, its purpose can be no more than to weed out the incompetent."

Most people (including bar examiners) believe the exam measures a minimal level of competence. I think rather it tests the maximal level of incompetence.

Thus, I am less concerned about falling pass rates nationwide than some. Given what the bar exam actually measures--and excepting the possibility a  state bar association could be acting for an illegitimate anti-competitive purpose--more failures is a good thing.

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