Professional Commentary

Besides the fact that the legal system is an abstract entity incapable of possessing such anthropomorphic qualities, it has demonstrated a particularly bad track record for integrity. Some individual lawyers possess integrity; the law itself is a tool to be used for good or ill. But historically speaking, the mechanics of the American legal system [...]

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On August 3, New Jersey’s Supreme Court publicly responded to a letter from more than 100 New Jersey law school faculty and administrators rejecting their call for a one-time issuance of “diploma privilege” for 2020 law school graduates and other first-time bar applicants in lieu of a remotely proctored bar examination in October provided by [...]

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An August 5, 2020 webinar organized by the University of Miami received a great deal of attention for remarks made by the National Conference of Bar Examiners (NCBE) president Judith Gunderson suggesting that NCBE critics might encounter difficulties with their character and fitness evaluations. I was equally struck, though, by a remark made later in [...]

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Voter suppression, which represents the dark underbelly of the American experiment, has reared its head throughout our history, particularly beginning at the cession of the Civil War. After the passage of the Fourteenth and Fifteenth Amendments, former slaves got an all-too-fleeting taste of emancipation when they not only came out to vote in droves, but [...]

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Since March 2020, the American legal community has been upended by the COVID-19 pandemic. As the nation sits on the brink of financial and housing, healthcare, election, and immigration crises, state supreme courts and bar examiners insist on implementing the bar exam, further delaying the licensure of thousands of incoming attorneys. Their ostensible reason? To [...]

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At the height of a global pandemic, and shortly after the expiration of the CARES Act which provided a temporary safety net to millions of Californians, the Supreme Court of California issued an order denying retroactivity of the 1390 Cal Bar Exam (CBX) cut score to February 2020 applicants who had already met this standard. [...]

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What do bar exams have in common with elections in the age of COVID-19, aside from the obvious implication that both are related to justice and the rule of law? Technology. While elections have been dealing with the pressures of technology for decades, state bar exams are traditionally huge in-person testing rituals relying heavily on [...]

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2020 has been one hell of a year for all of us, and for once bar applicants aren’t left out of the summer action. Lucky us. A global pandemic, important social changes, homeschooled kids, housemates loudly participating in Zoom meetings from the living room, family members filming TikTok videos of their bread baking efforts from [...]

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