Just in time for Bar Exam season, I have posted my short book review of the Bar Exam: The Multistate Bar Exam as a Theory of Law, 104 Michigan L. Rev. 1403 (2006). From the abstract:
The recent story in the WSJ that Kathleen Sullivan (law, Stanford) failed the Bar Exam raises anew whether the exam ought to be abolished. Before discussing this issue, I must note that I found the story to be a bit sensationalistic for the WSJ, as its main purpose seemed to be to mock Kathleen Sullivan. I was […]
I received many thoughtful comments on my earlier post about abolishing the Bar Exam. Most of the arguments for retaining the Bar Exam involve the need for erecting a barrier to attorneys being licensed.
Despite my enjoyment of the Bar Exam as a work of jurisprudence, I believe that the Bar Exam should be abolished. It prevents mobility among lawyers, making it cumbersome and time consuming to move to different states. It does not test on actual law used in legal practice, but on esoteric legal rules, many of which are obsolete, […]
What is the most widely read work of jurisprudence by those in the legal system? Is it H.L.A. Hart’s The Concept of Law? Ronald Dworkin’s Law’s Empire? No . . . it’s actually the Multistate Bar Exam. Almost all lawyers have read it. Although the precise text is different every year, the Bar exam presents a jurisprudence that transcends the specific […]