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Thursday, Could 18, 2023
Placing The Bar Examination On Constitutional Discover: Minimize Scores, Race & Ethnicity, And The Public Good
Scott Johns (Denver), Placing the Bar Examination on Constitutional Discover: Minimize Scores, Race & Ethnicity, and the Public Good, 45 Seattle U. L. Rev. 853 (2022):
Nothing to see right here. Season in and season out, bar examiners, consultants, supreme courts, and bar associations appear nonplussed, trapped by what they see because the info, particularly, that the bar examination has no doable weaknesses, at the very least in relation to various licensure mechanisms, that the bar examination is to not blame for disparate racial impacts that spring from administration of this ritualistic course of, and that there are not any viable options within the harsh chilly world of figuring out minimal competency for the noble goal of defending the general public from authorized harms. All a lie, in fact.
However relatively than difficult our assumptions, state bar associations and bar examiners maintain going as enterprise as normal. We would even say that it’s simply the price of doing enterprise. Sure, some bar candidates pays the value, they admit, by not passing bar exams, however defending the general public good calls for that we be demanding, that we not yield to temptation to melt our strategy. We are able to by no means be too cautious in relation to defending the general public. In spite of everything, the general public good is in danger. Or is it?
This Article challenges standard tales informed concerning the bar examination. Half I describes the background of the bar examination as at present utilized by most jurisdictions to incorporate a hypothetical “Socratic” dialog as a prelude to understanding the bar examination and its impression on demography and the general public good. Half II catalogues tales we inform to justify our recurrent resort to bar exams because the penultimate supply of knowledge in making licensure choices. Half III exposes fallacies behind many of those justifications. Half IV analyzes whether or not we would look to widespread regulation tort rules as a instrument for exposing whether or not the bar examination, by producing recurrent well-known racial disparate impacts, would possibly undergo from constitutional infirmity. Half V concludes with an exploration of some commonsense options to the behemoth of the bar examination to raised shield the general public.
https://taxprof.typepad.com/taxprof_blog/2023/05/putting-the-bar-exam-on-constitutional-notice-cut-scores-race-ethnicity-and-the-public-good.html
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