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How Much Does the Bar Exam Decrease the Size of the American Legal Profession?

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Abstract
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Abstract I investigate how requiring lawyers to pass the bar exam affects the size of the American legal profession. Using data from 1984 to 2019, I find that the bar exam requirement decreases the size of the profession by 14%. The minimum passing score explains three-fourths of the impact, with the remainder largely explained by policies that delay the entry of law school graduates into the profession. The results suggest that eliminating the bar exam would meaningfully increase the size of the profession and that differences in state-specific policies play a substantial role in influencing the magnitude of the effect.

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The discussion of the introduction of a new US bar exam and the direction of improvements that emerged in the process provide meaningful implications for the development of the Korean bar exam. In particular, it is noteworthy that the United States is designing the bar exam to verify practical working capabilities, moving away from the previous exam, which was centered on memorization. This could be an important starting point for solving the problems currently facing the Korean bar exam, namely, the theory-oriented, memorization-based assessment and the gap between the exam and practice. The process of change is also noteworthy. In the process of improving the bar exam, the United States thoroughly analyzed the duties of new lawyers and designed the exam based on this analysis. This duty analysis played an important role in ensuring that the exam assessed the readiness of lawyers to practice law, rather than simply measuring legal knowledge. South Korea also needs to systematically analyze the duties of new lawyers and redesign the purpose, content, and evaluation methods of the exam based on this analysis. In addition, the U.S. approach to introducing various question types to assess the ability of lawyers to solve legal problems they will face in actual practice is quite impressive. The process of change is also worth noting. In the process of improving the bar exam, the U.S. thoroughly analyzed the duties of new lawyers and designed the exam based on this analysis. This duty analysis played an important role in ensuring that the exam assessed the readiness of lawyers as actual lawyers, rather than simply measuring their legal knowledge. South Korea also needs to systematically analyze the duties of new lawyers and redesign the purpose, content, and evaluation method of the exam based on this analysis In particular, various assessment methods, such as simulation-based integrated questions, are expected to contribute to increasing the reliability and effectiveness of the exam at the same time. As we have seen, the direction of improvement of the U.S. bar exam has several implications for the law school and bar exam system in Korea. By referring to the experience of the United States, we should strive to clarify the purpose of the exam and build a system that can assess practical and practice-oriented capabilities in order to bridge the gap between the education of law schools and the needs of the legal profession and to establish a more advanced legal talent development system.

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The Influence of U.S. Legal Education on South Korean Legal Education
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  • Wonkwang University Legal Research Institute
  • Jaewan Moon

우리 법학교육은 전통적으로 일본과 독일의 영향을 많이 받았다. 1990년대 법학교육 개혁이 사회적 관심사가 되면서 법학교육에서 미국의 영향력이 급속히 커졌다. 2009년 3월 미국로스쿨을 모방한 법학전문대학원 제도를 도입할 즈음 미국 법학교육이 우리나라에 미친 영향력은 최고에 달하였다. 이 글은 미국의 법학교육이 우리 법학교육에 미친 영향을 법학전문대 학원 도입 이전, 도입 즈음, 그리고 도입 10년 후인 현재로 구분하여 검토한 후 마지막으로 향후 전망을 논하고 있다. 미국식 로스쿨을 지향하는 법학전문대학원의 근간은 앞으로도 상당기간 유지될 것으로 전망된다. 그동안 법학전문대학원을 운영하면서 적지 않은 문제가 드러났지만, 그렇다고 폐기해야 할 정도로 현행 제도에 결함이 있는 것은 아니다. 과거 제도에 대한 향수를 가지고 있는 사람도 많지만, 법학전문대학원의 틀이 고착되어 과거로 회귀하기에는 너무 멀리 왔다. 법학전문대학원 제도의 개선 논의는 앞으로도 계속 될 것이다. 주시해야 할 것은 예비시험제와 변호사자격 취득 후 실무연수 강화방안이다. 두 가지 모두 법학전문대학원 제도의 근간을 흔드는 것이어서 실현될 가능성은 크지 않다. 법학교육이 변호사시험에 예속된 상황에서 미국 법학교육이 한국에 미치는 영향은 아주 제한적이다. 새로운 법적 분쟁에 관한 미국 판례 및 학계 반응을 비교법적으로 검토하는 정도에 그칠 가능성이 크다. 교육방법 역시 당분간 지금의 틀을 그대로 유지할 것으로 전망된다. 변호사시험의 방법이 바뀌지 않는 한 교육방법은 바뀌기 어렵다. 미국 로스쿨의 법학교육방법중 소크라테스 방식이 우리나라에서 인기를 끌 가능성은 거의 없다. 리걸클리닉 교육에 대한 관심은 여전히 있겠지만, 변호사시험에 대한 부담감이 사라지지 않는 한 크게 활성화될 가능성은 없다.South Korean legal education was traditionally affected by those of Japan and Germany. As legal education reform became a social issue from the 1990s, the influence of U.S. legal education model has increased rapidly. The influence of the U.S. model reached its peak when the U.S.-influenced law school was instituted in March 2009. In this article, the influence of U.S. legal education model to Korean legal education system will be reviewed in three stages―before the adoption of U.S. legal education model, around the adoption, 10 years after the adoption―and the forecast of Korean legal education will be discussed. The foundation of the law school aiming for the American law school seems to be maintained for a long time. Not a few problems have come out during the operation of the law school, but it is not a big defect to shut down the current system. There are many people who have nostalgia for the past, but the law school framework has been stuck and it has been too far to return to the past. The discussion on improving the law school system will be continued. What should be considered important is a preliminary exam and a plan to strengthen the practical training after attaining a lawyer’s qualification. It is not likely to be realized because both of them will shake the basis of the law school system. The claim that the legal education of the law school should be liberated from the bar exam is strong, but it is not likely to happen. Because the traditional thinking of examining capability through the exam is dominating the Korean legal profession, the bar exam is likely to take the form of assessing legal knowledge in the future. In conclusion, the impact of U.S. legal education on Korea is very limited in the situation where legal education is subject to the bar exam. It is likely that the U.S. case and academic response to the new legal dispute will only be comparatively scrutinized. The education method is also expected to maintain the current framework for the time being. Unless the way of the bar exam changes, the education method is difficult to change. It is very unlikely that the Socratic method of American law school will become popular in Korea. Although there is still interest in legal clinic education, there is no possibility that it will be greatly activated unless the burden of the bar exam is gone.

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Passing a USA National Bar Exam – a First Experiment
  • Jan 1, 2015
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  • Fawei Biralatei + 2 more

Bar exams provide are a key watershed by which legal professionals demonstrate their knowledge of the law and its application. Passing the bar entitles one to practice the law in a given jurisdiction. The bar provides a excellent benchmark for the performance of legal information systems since passing the bar would arguably signal that the system has acquired key aspects of legal reason on a par with a human lawyer. The paper presents a first experiment with actual bar exam material, treating it as a form of textual entailment from the question to an answer. The Gold Standard is provided by the company which provides the bar exam. The paper reports a textual entailment student on a US bar exam, running ‘out of the box’ the Excitement Open Platform for textual entailment. The results and evaluation show that the tool can identify wrong answers (non-entailment) with a high F1 score, it performs poorly in identifying the correct answer (entailment). The results provide a baseline performance measure against which to evaluate future improvements. The reasons for the poor performance are examined, and proposals are made to augment the tool in the future.

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Reasonable Accommodations on the Bar Exam: Leveling the Playing Field or Providing an Unfair Advantage?
  • Jan 1, 2013
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  • Amanda M Foster

Reasonable Accommodations on the Bar Exam: Leveling the Playing Field or Providing an Unfair Advantage?

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로스쿨 교육의 방향성 모색과 제언
  • Nov 30, 2022
  • Institute for Legal Studies Chonnam National University
  • Oh-Sik Song

Though it has been for fourteen years since law school started as a part of judicial reform, it has raised many concerns about the content and direction of education. Due to the excessive difficulty of passing the bar exam without becoming the qualification test of the bar exam, the specialization, internationalization, professionalization planned for originally have been retreated and its education is being provided with curriculum and educational contents centered on the bar exam. However, as a university affiliated institution, the law school has the responsibility to not only predict the future legal market and train lawyers, but also develop the jurisprudence. The legal market in the digital global era will demand the critical thinking and creative problem-solving skills rather than simple and repetitive tasks because of the development of legal technology such as AI and the easy access to the law information. One of the achievements since the establishment of the law school is the advance of the diversity of the legal profession. It is noteworthy that the number of corporate lawyers continues to grow, they have been expanding their scope. In complex legal disputes, deficiencies and gaps in the statutory law have been supplemented by precedents, which are ‘living laws’, for rational and valid dispute resolution in specific cases that cannot be resolved with mere legal text alone. This development of case theory raises the necessity of the case method in law education as well. It is not valid to point out that the socratic method is not appropriate in the educational one because it is a written law of Korean legal system, so it is suggested that the purpose of this method is thinking like a lawyer, that is, improving problemsolving ability through critical thinking. Law school should prepare improvement plans for improvement plans for practical curriculum, educational content, and educational methods responding to legal needs actively. Law schools demand for the lecture encompassing legal principles and legal theory as legal knowledge as well as even the arguments of precedents. Now that it is the law school's responsibility to prevent the retreat of the rule of law in Korean society and meet the demands of the legal service market, law schools should make an effort to establish it as an advanced system for nurturing lawyers through the reform of law school education.

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We Should Not Rely on Commercial Bar Reviews to Do Our Job: Why Labor-Intensive Comprehensive Bar Examination Preparation Can and Should Be a Part of the Law School Mission
  • Jan 7, 2015
  • SSRN Electronic Journal
  • Mario William Mainero

We Should Not Rely on Commercial Bar Reviews to Do Our Job: Why Labor-Intensive Comprehensive Bar Examination Preparation Can and Should Be a Part of the Law School Mission

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