Bar Exam Research Articles

Who Fields the Best Team?: A (Better) Measure of the Top Ten U.S. Law Schools by Faculty Impact

I rank the Top 10 U.S. Law Schools by examining the ability of schools to field their highest-ranked specialist in both a broad set of areas (including, in addition to “core” areas tested in multistate bar exams fields like legal philosophy, antitrust, election law, etc.) and, separately in only the core areas. In both analyses, NYU places first, an improvement over two widely-watched rankings. By contrast, the University of Chicago, usually ranked in the top 5 in other rankings, barely slips into the Top 10 with the broad test and falls out of the Top 10 when the analysis is limited to core specialties. The study also identifies several law schools that are under-ranked in current studies given the quality of their teams. These include Georgetown, UCLA, George Washington, and Irvine. The methodology applied here improves current rankings by rewarding a school for balance in its excellence, limiting the impact of faculties heavy in specialties that do not reflect the breadth of specialties of academic importance or the core areas that students must master for bar exams and practice.

Perceptions of romantic partners' responsiveness during a period of stressful uncertainty.

Whether awaiting biopsy results, a grade on a midterm, or a decision from a journal editor, people feel distressed as they wait for uncertain news. In the present study, we investigated how people's perceptions of their romantic partner, specifically their partner's responsiveness to their support needs, corresponds with key aspects of the waiting experience. In a longitudinal study of 184 law students awaiting their result on the California bar exam, we examined changes in perceived responsiveness over time and associations between perceived responsiveness and expectation management strategies, health, and well-being. Results revealed temporal patterns in perceived responsiveness, with the greatest responsiveness perceived at the start and end of the wait. Perceived responsiveness was also intertwined with efforts to manage one's expectations while awaiting uncertain news and was associated with more positive emotions, better subjective coping, and greater self-reported sleep quality during the wait. (PsycINFO Database Record

מבחן אמריקני: מבחני הלשכה, מבחני האקדמיה – על אובדן הדרך של מדדי ההצלחה בלשכת עורכי הדין ובאקדמיה הישראלית למשפט Forget the Way: The Bar Exams, the Academic Tests - a Critical Gaze Onthe Measures of Success

מי ראוי לעסוק בעריכת דין? קיימים שערי כניסה או מסננות למקצוע. על שערי הפתיחה מופקדת האקדמיה. השער הראשון הנו קבלה ללימודי המשפטים, הקבלה. השער השני הנו סיום לימודי המשפטים, הלימודים. על שערי הסיום מופקדת הפרקטיקה. השער השלישי הנו התקבלות להתמחות ובהמשך סיום תקופת התמחות, ההתמחות. השער הרביעי הנו מבחני ההסמכה (המוכרים בציבור כמבחני הלשכה), ההסמכה. האם השערים הללו מייצרים מסננות ראויות? זו שאלת המחקר המוצעת. שאלה רחבה זו מתקשרת לשאלה חשובה וקשה, שכמעט אינה נשאלת באקדמיה, לאור עיסוקה במי שעבר בהצלחה את ארבע המסננות וכבר מתפקד כעורך דין, הרחק מהאקדמיה: מיהו עורך דין מוצלח?. הגם שקיימות בישראל כתיבה על החינוך המשפטי, כתיבה על עריכת דין ואף כתיבה על הקשר ביניהן, תרומתו המיוחלת של המאמר הנה בהתמקדות במדדי ההצלחה והכישלון, בחיבור המסננות ובהנגדתן. המאמר יצביע על תהיות, קשיים וליקויים בכל אחת מארבע המסננות. מבחני ההסמכה אינם מדד לעריכת דין טובה אלא בעיקר ליכולת שינון, כשהפרקטיקה עצמה, תקופת ההתמחות, אינה מספקת לנבחנים כלים להצליח במרבית הבחינה; מה גם שקיים ניגוד אינטרסים כשהגוף הבוחן מעוניין בהכשלת המועמדים להצטרף לתחרות העסקית הפנימית. בנוגע למסננת הלימודים יציע המאמר, שבשם החופש האקדמי, לימודי המשפטים לוקים בהיעדר קיצוני של סטנדרטיזציה מבחינת תנאי קבלה, תכנים, מבחנים, ציונים ועוד. גם כאן עולה ניגוד עניינים, כשהאקדמיה מצד אחד רוצה להכשיר בוגרים איכותיים, אך מצד אחר רוצה כמות סטודנטים גדולה, כעניין כלכלי, מה שהוביל מוסדות שונים להרחיב מאוד את מסננת הקבלה ולהתלותה בממון (רב) גרידא. פרט לכך קשה לייצר מציאות של בוגרים איכותיים כשהאקדמיה למשפט (ולא רק למשפט) אינה מקדישה שימת לב מעמיקה לשאלת ההוראה והלמידה הראויה, וראשה עמוק במחקר, בהיותו מדד הקבלה והקידום המכריע לסגל האקדמי: פרסומים, בעיקר בחוץ לארץ. נוכח הרלוונטיות המוגבלת של מדד זה למועמדים, לסטודנטים ולציבור שמחוץ למגדל השן, הפכו מבחני ההסמכה, חרף ליקוייהם, למדד הפורמלי הציבורי העיקרי המבדיל בין פקולטה לפקולטה והמנציח את ההבדלים הללו. מוסדות שבוגריהם מצליחים נתפסים בציבור כמוסדות לימוד מוצלחים יותר, ולפיכך גם מפרסמים בהבלטה מידע זה למועמדים; מדד הלשכה מאיר לטובה על מוסדות שבהם למדו בעלי נתוני קבלה גבוהים, ולפיכך מועמדים בעלי נתונים כאלו ממשיכים למלאם. במגמה לשיפור, בזווית עריכת הדין מציע המאמר לשקול שינוי במקצוע, שבתורו ישליך גם על מבחני ההסמכה ואולי גם על ההכשרה האקדמית. הרעיון הוא מעבר למודל התמחות במובן מומחיות, שבו עורך דין, בדומה לרופא, יוכל לעסוק רק בתחום שבו עבר הכשרה ממושכת, שתיערך לגביה בחינה מקפת שתשקף ידע פרקטי, להבדיל מתיאוריות גרידא. בזווית האקדמית, האקדמיה למשפט יכולה להקנות לבוגריה כלים טובים לעריכת דין, אך לא בטוח שהיא מוכנה ורוצה בכך; לפיכך יש לבנות מערך תמריצים מתאים. לאור הקשר המעשי בין לימודי המשפטים לעיסוק בהם ולאור שגשוג האקדמיה למשפט בזכות הפרקטיות של המשפט – על האקדמיה להשקיע משאבים רבים יותר בחומר האנושי, במשפט הישראלי ובקשר שבינה לבין הפרקטיקה. English Abstract: The article analyzes the four obstacles on the road to becoming a lawyer: the bar exam, the internship, the academic tests and the academic admission. The article claims that these obstacles are from assuring a worthy lawyer. It defies the notion of relying on a multi-choice questionnaire as a valid way to measure a lawyer. It reminds that the internship is not standardized and that the bar gives the intern no tools whatsoever. It shows that the legal academy does not pay much attention to legal education, but rather it focuses on research, mainly outside the domestic law. the article calls for a professional model of specialized lawyering, on the one hand, and for a focus on legal education as an equal partner to legal research.

Do princípio do acesso à justiça: por uma ampliação da capacidade postulatória

A capacidade processual é dada a todos. Entretanto, a capacidade postulatória é reservada a figura do Advogado, bacharel em direito inscrito na Ordem dos Advogados. Salvo hipóteses referente a reclamação trabalhista, habeas corpus, a matéria de pequenas causas (juizados especiais) e em casos extremamente específicos do Código de Processo Civil, a regra é que o cidadão não é detentor de capacidade postulatória para pleitear direito próprio perante o Poder Judiciário. Todavia, numa perspectiva de ampliar o acesso à justiça, vem aqui por defender a possibilidade de o titular do direito demandar perante o Poder Judiciário, reconhecendo uma capacidade postulatória inata como corolário da cidadania e da democracia. Essa solução prática, tendo em vista a instrumentalidade do processo, é decorrente da precária assistência judiciária, por meio da Defensoria Pública, ofertada pelo Estado, o que vem por marginalizar milhares de brasileiros nesse país de dimensão continental, alheios aos serviços jurisdicionais. A pesquisa em tela, faz uso de uma metodologia de análise qualitativa, usando-se os métodos de abordagem hipotético-dedutivos de caráter descritivo e analítico, com o fito de propugnar por um processo adequado ao caso concreto, onde se reconheça a capacidade postulatória daquele cidadão que bate às portas do judiciário.

Barring Aliens From Taking the Bar: A European Story of Vengeful Discrimination

This article discusses discrimination against foreigners in the legal profession using Kosovo as a case study. Foreign nationals cannot take the bar exam in Kosovo or register as new lawyers. Citizenship is required by law, as in many European countries. But the requirement is unconstitutional, for it denies equality before the law and the right to work. In Kosovo, it also targets already vulnerable communities and worsens emigration trends. Reviewing Kosovar, European, and foreign jurisprudence, I argue that the citizens-only proviso fails to meet any criteria warranting discrimination. Therefore, Kosovo should act quickly to remove the citizenship requirement, while also considering related issues that impact freedom of movement and hinder development.

Assessments All the Way Down

The role of assessments is getting attention throughout legal education. A growing acceptance of the Graduate Record Examination (“GRE”) as an alternative to the Law School Aptitude Test (“LSAT”) and its incorporation into the U.S. News & World Report (“USN&WR”) law school rankings opened the door to changes in who is going to law school and how they are recruited. At the other end of students’ journey through legal education, the discussion of recent graduates’ bar exam performance – linked by some to declining LSAT scores of entering students – raised questions about the design of bar exams as well as about law schools’ preparation of graduates for the bar. In between, the American Bar Association’s incorporation of assessment into its accreditation process spurred growing interest in how law schools conduct assessments and is prompting changes in how legal educators evaluate students. In this article, we begin with the issues raised by the GRE’s appearance as an alternate pathway. Next, we set out assessment principles likely to influence future conversations in the legal academy. Then we look at how the bar results discussion connects to improving assessment strategies. Finally, we conclude with speculation about what this all means.

LEGAL EDUCATION: PRODUCING "PRACTICE-READY" CANDIDATES IN MALAYSIA

Despite the existing exam requirements in a bachelor of law degree, it is claimed that local law graduates are ill-prepared for legal practice, lack of fluency in English, particularly in writing and speaking skills. This paper explores efforts made by the law schools in Malaysia within their existing curriculum to prepare students for future legal practice careers and to cater to the needs of the legal industry. The requirement of a recognized law degree has been fulfilled by most law schools, and students studying in law schools without recognition by the Legal Profession Qualifying Board (LPQB) would have to sit for Certificate of Legal Practice (CLP) to qualify as a practitioner. Nevertheless, the Bar Council has been proposing for additional curriculum of Common Bar Course and Common Bar Exam. It is claimed that these additional stage of common bar course and exam would be beneficial for candidates alongside their somewhat “inefficient” bachelor of law degree. Sitting for this bar exam would allow candidates to qualify as “qualified person” under the law. Nevertheless, this paper holds on to the view that training in chambers or the pupillage period, would be the best place platform for law graduates to equip themselves with hands-on experience in legal practice, and that the “higher-standard” of paper-based exams proposed by the Bar would be futile in keeping up with the expectations of the legal industry for “practice-ready” candidates. (Key words: legal education; academia; common bar exam)

The Returns to Elite Degrees: The Case of American Lawyers

The authors study the market for young attorneys. Using data from two surveys of attorneys who passed the bar exam in 2000, they find that attorneys who graduate from law schools ranked in the Top 10 nationally earn considerably more than those without such a qualification, even compared to attorneys who graduate from schools ranked 11–20. The premium to an elite education carries over to an attorney’s undergraduate institution as well, and the findings suggest that elite bachelor’s degrees and elite law degrees are close substitutes in terms of their relationships to salaries. The elite–law school premium is more robust to various methods for correcting for selection on ability than the widely studied premium to attending a selective undergraduate institution. The authors consider several reasons elite-school premiums may exist in this labor market.

Everything a 2L Really Needs to Know About Citation in One Page

Every first year law student is taught citations, most using the infamous 565 page “Blue Book.” I doubt anyone covers the whole book. But my impression is that most professors teach far more than most students will ever use. And then, after the course is over, most students gradually forget what they learned. After all, citation is not on the bar exam; if you work in a transactional practice, you may never use it again. But if you are a litigator, there are certain basic rules you should be able to consistently get right. If you get any of these wrong, people will notice. Fortunately the basic rules can be outlined in about one page.

Giving Students a Seat at the Table: Using Team-Based Learning to 'Teach' Criminal Law

Perhaps in no other time since the release of the MacCrate and Carnegie Foundation Reports has the need for innovation in legal education been so critical. Since 2010, most law schools have faced challenges meeting their enrollment targets as the total number of students entering law school have dropped. With a drop in applications, many law schools have seen the traditional metrics of LSAT scores and median undergraduate G.P.A.’s drop as schools have struggled to fill classroom seats. Nationally, the percentage of first-year law students with scores of 149 or lower on the LSAT rose from 14.2 percent in 2010 to 22.5 percent in 2013. Unsurprisingly, as it has become easier to be admitted to law school, bar passage rates have dropped. Faced with declining bar passage rates, most law schools have added academic success programs that offer students assistance in preparing to take the bar exam. Seeking a way to address these challenges in the 1L year, in 2016 I redesigned my 1L criminal law class using the Team-Based Learning (TBL). Introduced at the undergraduate level more than twenty years ago by Professor Larry Michaelsen, TBL is now used in a wide variety of disciplines. The appeal of TBL is that it structures classroom learning to “go beyond simply covering content and focus[es] on ensuring that students have the opportunity to practice using course concepts to solve problems. Teaching a large 1L class with close to 100 students, TBL offered me a way to ensure that all my students were engaged with analyzing and applying the course material, rather than simply writing down notes. In a TBL classroom, lecture time is minimal, as students spend the bulk of the class time working in groups on problem-based exercise. The instructor’s main role is not to lecture, but rather to design a constructive learning environment. The primacy of group learning in TBL classrooms leads to higher levels of student engagement, increased excitement in the classroom, and higher level of performance on standardized exams. It is important to note that, although use of TBL in law school classrooms is not yet widespread, other faculty have pioneered its use.

Teaching Legal Analysis Using the 'Unified Field Theory' - A Systematic Method for Instructing Students in the Fundamental Skill

This article discusses how to teach the fundamental skill of legal analysis to first year law students using the Unified Field Theory. By flipping the - (doing rules first, then facts) - the method embeds formative feedback into every case covered in class, models how to do a course outline, and connects class discussion, the final exam, the bar exam, and the practice of law. It is particularly helpful for online learning and distance instruction. The method provides a consistent, repeatable structure for each case covered in class. This helps students find their way in a class discussion if they have been interrupted, distracted or have temporarily lost attention.

Safe harbour law in India: raising the red flag in the wake of Myspace v Super Cassettes

Ishaan Saha graduated with an LL.M from Cornell University in 2015 and proceeded to pass the New York Bar Exam. He is currently practising as an advocate at the Calcutta High Court in India, specializing in Intellectual Property Law. Oieshi Saha is a final year student at the West Bengal National University of Juridical Sciences. The internet would look very different had safe harbour laws not shielded online service providers from liability for the unlawful acts of their third-party users. The Delhi High Court, in the case of Myspace v Super Cassettes has one of the first opportunities to shape the still inchoate safe harbour law in India. Making use of this opportunity, the court has imported the red flag test from US jurisprudence into Indian law in an attempt to strike a balance between preserving creativity and freedom of speech on the internet on the one hand and sparing online service providers the onerous burden of policing the content uploaded and shared by third party users via their platforms on the other. This paper seeks to analys the rationale behind the judgment in Myspace v Super Cassettes as well as the red flag test itself as understood in American jurisprudence, in the context of the Indian legal framework and endeavours to make a case that the red flag test is not conducive to the Indian legal framework as envisaged in the Indian Copyright Act, 1957 and the Information Technology Act, 2000.

'They're Digging in the Wrong Place:' How Learning Outcomes Can Improve Bar Exams and Ensure Practice Ready Attorneys

There is no question that law schools should produce professional, ethical new attorneys who have the skills, knowledge and attributes to be competent and responsible members of their new profession, and pass the bar exam. However, as it currently stands, these two goals — everyday practical lawyer skills training, and bar exam passage — have become so divided, that many law schools are being pulled in a no-win tug of war between preparing students for practice or for a memorization, doctrinal heavy exam. This conflict must stop. The title of this piece was meant to evoke a plot point from the movie Raiders of the Lost Ark. At one particular point, both our hero and another group are both searching for the Ark of the Covenant. Although the other group has an extremely technically well-organized archeological site, it is determined by our hero that because they are missing a key piece of information, they are in fact “digging in the wrong place.” Although there are no heroes or bad guys in this scenario, in many states, the administration of the bar exam is experiencing the same problem. In seeking to determine minimum competency to practice law, they may be technically testing in a well-organized fashion, but they are ignoring important outside information that would have them testing differently to find out more or different information that would be a better measure of competency for new attorneys. The bar exam is simply “digging” for competency in the wrong place. At the same time, the chorus of voices demanding that law schools make necessary steps in the reformation of legal education has risen to a fever pitch. Much has been written about the stagnancy in legal education, and despite some recent innovations, many law school experiences remain strikingly similar to both each other and the course of study as it has existed for many years. However, it is well accepted that the legal profession has changed dramatically, both in the practice, and the level of training practicing lawyers can give their new hires. The result is that although law schools are “part of a vertically integrated system of production in which the end product is lawyers,” this system is suffering a major disconnect in the pipeline. Law schools seem poised to change, but many are hampered in their efforts by the licensing exam itself. But through change and cooperation, we can fix this disconnect. This article argues for an alignment of the bar exam with the needs of the legal profession, using learning outcomes as a tool to include all the skills, knowledge and attributes of a professional, successful new attorney in cooperation with assessment by law schools. Part II gives an overview of the bar exam nationally. Part III discusses legal education, and why the bar exam is misaligned with it. Part IV discusses learning outcomes, and offers them as a solution to better align legal education, the bar exam, and the practice of law to allow new lawyers to be truly competent. Part V concludes the work.

Smarter Law Study Habits: An Empirical Analysis of Law Learning Strategies and Relationship with Law GPA

Non-empirical school study advice that emphasizes reading and briefing cases, memorizing rules, and outlining without frequent self-testing and formative self-assessment is contrary to cognitive science and leads to a law school learning trap. Law students fall into a law school learning trap by focusing on memorization of cases and rules for class prep, putting off practice application of the as Law students and legal educators misjudge the power of testing as a learning tool, instead relying on non-empirical, anecdotal resources to guide student study methods. Empirical research from a Law Student Study Habit Survey shows that practice application of the through self-testing, self-quizzing, and elaborative strategies positively correlates with academic success in school, while reading and briefing cases, weak critical reading skills, and rote memorization of rules without practice applying the negatively correlates with academic success in school. Both legal educators and students need to incorporate testing and formative assessment as a study and learning strategy to learn each new topic, not just exam prep. Self-testing and formative assessment are not only critical for success in school, but help students develop successful learning strategies for the bar exam and as lifelong learners in practice.

Self-Directedness and Professional Formation: Connecting Two Critical Concepts in Legal Education

The authors performed original research in two separate surveys--one designed to ask a large number of law students their primary goals, and the other seeking to have students self-assess their degree of self-directedness. The first survey, of a large number of students at a variety of law schools across the nation, showed that students chose--after passing the bar exam--the goal of employment as the goal they would most like to achieve by six months after graduation. This finding is significant because although another choice in the survey allowed students to choose the goal of sufficient income to pay debts and for living, students still chose the employment option as a more important goal than seeking income. The second survey, again of a large number of students at a variety of school across the country, had students self-assess the degree to which they were Even accounting for the social desirability bias known to be common in surveys of this variety, a large number of students rated themselves as not self-directed. The authors took the results of these surveys and discuss their implications. Students want meaningful employment. Nevertheless, many if not most have not recognized the need to make a plan to pursue such employment. Most students have not identified the areas of law that best match their strengths and values. Moreover, most students do not have an intentional plan for exploring roles in the legal profession that would match their strengths, values, and interests. Only a small number of students have a written plan. The authors explore how law schools can help students in seeking their goal by cultivating self-direction and development of a plan to move toward their goal. The article discusses initiatives at a number of law schools, such as implementing new courses and coaching of students by faculty, as efforts to help students in this regard. The authors see the development of self-directed behavior, or self-regulated behavior, as a component of the development of each law student's professional identity. Recommendations for further action and further research are included.

Bracing Later and Coping Better: Benefits of Mindfulness During a Stressful Waiting Period.

People frequently await uncertain news, yet research reveals that the strategies people naturally use to cope with uncertainty are largely ineffective. We tested the role of mindfulness for improving the experience of a stressful waiting period. Law graduates awaiting their bar exam results either reported their trait mindfulness (Study 1; N = 150) or were instructed to practice mindfulness meditation (Study 2; N = 90). As hypothesized, participants who were naturally more mindful or who practiced mindfulness managed their expectations more effectively by bracing for the worst later in the waiting period and perceived themselves as coping better. Additionally, participants who were low in dispositional optimism and high in intolerance of uncertainty benefited most from mindfulness (relative to control) meditation. These findings point to a simple and effective way to wait better, particularly for those most vulnerable to distress.

일본 로스쿨의 교육현황과 신사법시험의 출제경향 및 시사점 - 상사법 분야를 중심으로 -

일본 로스쿨의 교육현황과 신사법시험의 출제경향 및 시사점 - 상사법 분야를 중심으로 -

The Future of Legal Education in Korea: introducing American-style externships

한국의 로스쿨은 변호사 양성 기관으로 지난 십년을 넘어 새로운 십년을 맞이하 기에 이르렀다. 이제 최상의 학생을 교육하는 기관으로서 뿐만 아니라 국내적, 국외 적으로 최고의 법조 전문가를 양성하는 기관으로 거듭나기 위한 방안을 모색하여야 한다. 일부에서는 미국식의 externship 교육이 교과과정을 실무로 접목할 수 있는 방 안으로 고려되고 있다. 본고에서는 externship을 포함하여 미국 로스쿨에서 사용하고 있는 체험 교육방식 의 주요 내용을 소개하고 이에 관한 논의를 진행하고자 한다. 이를 위하여 다양한 externship 프로그램의 요소를 설명하고, 미국 로스쿨 교과과정에서의 위상을 조명 해 본다. 나아가 externship의 장단점을 분석하고자 한다. 종국적으로는 미국과 한국 의 여러 가지 차이점-전통과, 법률 시스템, 변호사 시험에 대한 부담, 법률 교육자의 배경 및 변호사 시험 합격 후 법조 교육 등-을 고려하여 미국식 externship을 한국식 교육에 이식할 수 있는 방안을 모색하고자 한다. 이러한 논의 끝에 필자는 다음과 같은 결론에 이르렀다. 언급한 바와 같은 차이에 도 불구하고, 이 방법은 한국 로스쿨에서 강조되지 않는 능력을 요하는 국제적 커리 어를 추구하는 학생들이 전문 변호사 지도 하에서 업무를 수행하면서 학점을 취득할 수 있는 기회를 제공한다는 측면에서 바람직한 역할을 할 수 있을 것으로 본다.As Korean law schools prepare to enter their second decade of training the nation’s lawyers, they will need to find ways to both compete for the best students and also help their students compete for the best jobs domestically and internationally. American-style externships should be considered by some, if not all, Korean law schools as a model to adapt to their curriculum. This article introduces and discusses the key part that experiential education methods, including externships, play in American law schools. Then it discusses elements of various American externship programs and their place within the curriculum at various American law schools, as well as positive and negative elements of externship programs therein. Finally, this article discusses how well aspects of American-style externships might be transferrable to Korean law schools in light of their varying traditions, differences in legal systems, bar exam pressure, law school faculty backgrounds and Korea’s post-bar exam mandatory skills training. Ultimately, the conclusion is made that, despite such differences, there is room for at least giving the opportunity to some students, particularly those aiming at landing international careers that demand skills not emphasized in Korean law schools, to earn academic credit while working under the tutelage of attorneys.

Exam-Writing Instruction in a Classroom Near You: Why it Should Be Done and How to Do it

As law schools struggle with declining enrollment, lower bar passage rates, and the likelihood of more stringent accreditation standards related to bar passage, law schools will be forced to re-assess how they prepare their students for the bar exam. One way to address those issues is to think more deeply about why law schools should teach exam-writing skills and how to teach those skills. To that end, this article first explains the benefits of teaching exam-writing skills in the law school classroom. Most importantly, teaching exam-writing skills promotes the very skill that is at the heart of legal education: structured, coherent thinking. In addition, the same skills that are necessary to write a structured law school exam are essential to passing the bar exam and are foundational to the practice of law. Finally, teaching such skills explicitly in the doctrinal classroom provides important support to minority students and will likely mitigate mental distress for all students. Despite the many reasons for doing so, few law professors teach exam-writing skills — at least not explicitly. The lack of exam-writing instruction in law school classrooms is a missed opportunity. A number of recent studies have demonstrated that merely taking practice exams and receiving some feedback improves exam performance. The studies that document the relationship between practice, feedback, and performance do not, however, provide a method for teaching exam-writing skills. This article adds to those studies by recommending an underlying method for teaching exam-writing skills. As explained in the article, the work necessary to provide explicit exam-writing instruction need not be overly burdensome, and the payoffs can be great.

Passing the Brazilian OAB Exam: Data Preparation and Some Experiments

In Brazil, all legal professionals must demonstrate their knowledge of the law and its application by passing the OAB exams, the national bar exams. The OAB exams therefore provide an excellent benchmark for the performance of legal information systems since passing the exam would arguably signal that the system has acquired capacity of legal reasoning comparable to that of a human lawyer. This article describes the construction of a new data set and some preliminary experiments on it, treating the problem of finding the justification for the answers to questions. The results provide a baseline performance measure against which to evaluate future improvements. We discuss the reasons to the poor performance and propose next steps.