Monday, January 14, 2019

Periodic Reminder That Your Minimal Competence Standard is Racist

New year, old story:
[A group of California law deans] suggest the state’s minimum passing score of 144 is too high, compared to the national average of 135, and disproportionately keeps African-American and Latino law graduates from entering the profession...
[I]f California adopted the national average, the number of African-American law graduates passing the exam would have doubled.
If you haven't heard this argument, or developed it on your own upon a thoughtful review of the legal education system, as all good lawyers must undertake regularly, you aren't trying hard enough.  Not unlike the bar failures you might say, you racist bonehead.

But this article goes above and beyond.  In particular, check out this aspirant for the Nick Allard Award:
“More clients insist on having diverse lawyering teams, and this is an irony,” said UCLA School of Law Dean Jennifer Mnookin “We are this extraordinarily diverse state that is reducing the pool of good lawyers.”
Assert a dubious fact without proof, misuse the word "irony," misuse the word "good," and throw a needless "extraordinarily" in the quote. When I read passages like this, I am enraptured in a sort of ecstasy. Absorbed in the contemplation of sublime beauty.  I reach the point where one encounters celestial sensations. Everything speaks so vividly to my soul. I have palpitations of the heart. Life is drained from me.

But she doesn't stop there!
“The bar exam was invented as a paper and pencil test,” she said, suggesting that past generations focused on memorization while current law students rely more on quickly accessing online data. “Some of what is on the bar exam might not be a good fit for this generation.”
I am not worthy.  Even as satire one couldn't come up with such a brazenly absurd excuse for declining bar scores; my god, you do what your elders did and cram for a month on bummed pills and coffee.  It's not like the laptop and an internet connection were invented in 2012. Old timers, many of whom are clinical idiots, had access these magical things called books using indices and KeyCites, so it's not like they had any greater need to memorize things in practice

It's potentially the dumbest argument the LSTC has ever encountered in support of Law Schools Gone Wild.  But there the argument is, in all its glory!  In print, from a Harvard undergrad, Yale law grad, MIT PhD!

So I'm doing what all good apologists do and adopting it wholesale.  I join the law deans' call to end the racist bar exam by lowering the minimum passing score in not just California, but all jurisdictions, and give these kids access to Westlaw and their mobile phones during the test. 

It is, after all, what clients want.

6 comments:

  1. Sad. Just sad. While there are already far too many lawyers, now there is talk of lowering the score needed to pass the bar exam to flood the market even more. Aside from arguments about race, there are all kinds of people, of all races, who aren't smart enough to practice law.

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    1. Imagine if the same argument were made for pilots. "It's unfair to expect them to fly and land safely. Lower the requirements for the sake of diversity."

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  2. “Some of what is on the bar exam might not be a good fit for this generation.”

    What exactly is she talking about? Contracts, the UCC, Criminal law? What subjects does she think should be added or subtracted?

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    1. All of it. This precious generation, you see, cannot be subjected to any sort of requirement. Don't expect the little darlings to spell their fucking names correctly.

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  3. —— [A group of California law deans] suggest the state’s minimum passing score of 144 is too high, compared to the national average of 135,

    It's too low. Raise the minimum, in California and everywhere else.

    —— and disproportionately keeps African-American and Latino law graduates from entering the profession...

    Read: it disproportionately keeps graduates of toilet law schools from entering the profession. But the scamsters can't come out and say that, so instead they use Black and Latino people to promote the agenda of white scamsters. Endorse the scam, else you're a racist. Maybe the scamsters are using the same PR firm as the Zionists.

    —— We are this extraordinarily diverse state that is reducing the pool of good lawyers.

    Keeping people from becoming lawyers doesn't reduce the pool of lawyers, good or otherwise. And there aren't any good lawyers at 135, or even 144.

    —— past generations focused on memorization while current law students rely more on quickly accessing online data

    One of the most contemptible bullshit excuses ever. Past generations were expected to know their stuff, but current generations supposedly should be considered competent even if they have to look every little thing up on the Internet. A physician has complained to me that today's medical students don't learn their material; they expect that the Internet can take the place of basic knowledge.

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  4. Because we all know California doesn't have enough lawyers.

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