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The New Bar Exam Puts DEI over Lawyer Competence

31 点作者 forgingahead大约 2 年前

11 条评论

saxonww大约 2 年前
<a href="https:&#x2F;&#x2F;archive.is&#x2F;oDN8X" rel="nofollow">https:&#x2F;&#x2F;archive.is&#x2F;oDN8X</a>
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pierat大约 2 年前
Standard republican newspaper fear-mongering. This is classic Rupert Murdoch culture war crap guaranteed to rile up the base.<p>There&#x27;s also quite a few articles, all with hard repblican bent, that are saying the same thing. I wonder why? &#x2F;sarcasm<p><a href="https:&#x2F;&#x2F;reason.com&#x2F;volokh&#x2F;2023&#x2F;05&#x2F;20&#x2F;justice-mitchell-alabama-the-new-bar-exam-puts-dei-over-competence&#x2F;" rel="nofollow">https:&#x2F;&#x2F;reason.com&#x2F;volokh&#x2F;2023&#x2F;05&#x2F;20&#x2F;justice-mitchell-alabam...</a><p>Basically, do your own research, rather than listen to these conspiratorial rags. Or at least acknowledge their obvious bias.
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George83728大约 2 年前
&gt; <i>The idea seems to be that any differences in group outcomes must be eliminated—even if the only way to achieve this goal is to water down the test.</i><p>Can somebody explain to me how watering down tests, to lower the competence bar, could possibly address differences in group outcomes? Obviously these different groups don&#x27;t have different levels or distributions of competence, so how is one meant to relate to the other?<p>&gt; <i>On top of all that, an American Civil Liberties Union representative provided conference attendees with a lecture on criminal-justice reform in which he argued that states should minimize or overlook would-be lawyers’ convictions for various criminal offenses in deciding whether to admit them to the bar.</i><p>This part I get. Cops are biased and arrest some groups at a higher rate than others. A prior criminal conviction for smoking dope shouldn&#x27;t have any bearing on the quality of a lawyer, when the competition also smoked dope and simply didn&#x27;t get caught. This all makes sense. But watering down the tests? What the hell...
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A_D_E_P_T大约 2 年前
The article doesn&#x27;t really indicate _how_ the new exam puts DEI over competence.<p>All it says is that they&#x27;ve made the test easier, and...<p>&gt; perhaps the biggest concern is the NCBE’s use of the NextGen exam to advance its “diversity, fairness and inclusion” agenda. Two of the organization’s stated aims are to “work toward greater equity” by “eliminat[ing] any aspects of our exams that could contribute to performance disparities” and to “promote greater diversity and inclusion in the legal profession.” The NCBE reinforces this message by touting its “organization-wide efforts to ensure that diversity, fairness, and inclusion pervade its test products and services.”<p>&gt; What does all this mean—and how does it have any relation to the law? Based on the diversity workshop at the NCBE conference, it means putting considerable emphasis on examinees’ race, sex, gender identity, nationality and other identity-based characteristics. The idea seems to be that any differences in group outcomes must be eliminated—even if the only way to achieve this goal is to water down the test. On top of all that, an American Civil Liberties Union representative provided conference attendees with a lecture on criminal-justice reform in which he argued that states should minimize or overlook would-be lawyers’ convictions for various criminal offenses in deciding whether to admit them to the bar.<p>...That&#x27;s a lot of chaff, not much wheat. Basically, the ACLU hopes that it might become easier for people with prior convictions to join the bar.<p>There&#x27;s nothing that says, e.g., that any ethnic group is prioritized, or that there are quotas.<p>So it seems like a bunch of hand-wringing. &quot;Oh no, our regulatory moat is being eroded!&quot;<p>That aside, there are two points that might be worth consideration:<p>1. Any changes won&#x27;t kick in until 2026, and Chat-GPT is already such an outstanding lawyer that the field might be (and hopefully will be) irreversibly changed by then.<p>2. There has been a tremendous amount of lawyer overproduction in recent decades, so arguably the test should be made harder -- or, preferably, legal services should be democratized, as is already the case in small claims court, and all men should have standing to represent themselves and others in court. When every man is a lawyer, no man is a lawyer. (Rome, Greece, etc. were very much like this. &quot;Lawyer&quot; wasn&#x27;t a profession; it was a temporary role or a form of community service.) Arizona has been making baby steps in this direction, if I&#x27;m not mistaken.
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MollyRealized大约 2 年前
Attempt to sift out those facts within the op-ed:<p>* The National Conference of Bar Examiners (NCBE) is planning a nationwide overhaul of the bar exam, which they call the &quot;NextGen&quot; exam, planned to roll out in 2026.<p>* Certain topics, including family law and trusts and estates, won&#x27;t be tested at all in the NextGen exam.<p>* The exam will introduce new client-interaction exercises, the details of which are currently unclear.<p>* The NCBE has outlined an agenda that includes advancing &quot;diversity, fairness and inclusion&quot; and working towards greater equity by eliminating any aspects of the exam that could contribute to performance disparities.<p>* The NCBE&#x27;s efforts aim to promote greater diversity and inclusion in the legal profession.<p>* The NCBE&#x27;s diversity workshop at the conference put emphasis on examinees&#x27; race, sex, gender identity, nationality and other identity-based characteristics.<p>* The NCBE is encouraging an approach where states minimize or overlook potential lawyers&#x27; criminal convictions in deciding whether to admit them to the bar.<p>* The first graduates to take the new exam will be students entering law school in the fall of the same year it comes online, 2026.<p>* If implemented, law schools would have to begin adjusting their curricula to match the subjects tested by the new evaluation.<p>* The NCBE is expected to disclose more information about the content, scope, and scoring of the NextGen exam before the start of the next academic year.
anonymousiam大约 2 年前
Also discussed here: <a href="https:&#x2F;&#x2F;reason.com&#x2F;volokh&#x2F;2023&#x2F;05&#x2F;20&#x2F;justice-mitchell-alabama-the-new-bar-exam-puts-dei-over-competence&#x2F;" rel="nofollow">https:&#x2F;&#x2F;reason.com&#x2F;volokh&#x2F;2023&#x2F;05&#x2F;20&#x2F;justice-mitchell-alabam...</a>
Kaibeezy大约 2 年前
Uniform Bar Exam should be capitalized, as it is a product of NCBE, a wealthy private non-profit with over $120 million in reserves. Any organization that could fight that headwind and build credibility with the state supreme courts could create a bar exam too. Anyone seriously interested in doing so (VC?), let’s talk.<p>NCBE is, as part of this project, also jettisoning the existing software providers and procedures for taking a bar exam. Yes, 3&#x2F;4 of them have had high profile flameouts, but overall the laptop bar exam has been a quiet success for 20+ years. All those details will be lost.<p>Complete overhaul of the bar exam — pedagogically, technologically, procedurally — in one go. What could be behind that decision?
JumpCrisscross大约 2 年前
Note that this is in the <i>Journal</i>’s opinion section.
georgeplusplus大约 2 年前
This is really important to talk about. Its happening at my workplace too. It matters less about what you did and what DEIA checkpoints you ticked to move up in the company. Doing something above and beyond your call of duty gets you less opportunity and recognition than organizing a woman in coding meeting. Can&#x27;t speak up because we will be fired or moved off projects.
leaving大约 2 年前
You folks need to break your very bad habit of using acronyms without expansion. First you must spell it out; then you may use the acronym.<p>Not that it would be a valid excuse, but the article never even explains what &quot;DEI&quot; is. In fact, the word &quot;equity&quot;, which may be the &quot;E&quot; in DEI, only appears once in the article, and never as an expansion of the acronym.<p>The only thing in the article that could be construed to be an explanation of the acronym is the phrase, “diversity, fairness and inclusion”, which could presumably be abbreviated &quot;DFI&quot;, not &quot;DEI&quot;.<p>I don&#x27;t know why unexplained acronyms have crept into daily usage, but the only way it improves communication is by telegraphing &quot;I&#x27;m too cool for words&quot;. This tells me a lot more about the writer than the subject.<p>Ad maiorem DEI gloriam, please expand your acronyms the first time you use them!
ss108大约 2 年前
The bar exam is stupid and a joke anyways, and is not a test or predictor of &quot;lawyer competence&quot;