Law Practice,
California Supreme Court,
State Bar & Bar Associations
Dec. 28, 2018
The faulty standard used for the California Bar Exam
Separate but equal ... strength and agility tests ... don’t ask, don’t tell ... the history and laws of the United States are full of examples of faulty “objective” metrics that were perceived as providing public protection based on the societal norms of their time.
Mitchel L. Winick
President and Dean
Monterey College of Law
Mitchel is president and dean of a non-profit California accredited law school system that includes Monterey College of Law, San Luis Obispo College of Law, and Kern County College of Law. He was one of eight deans invited by the California Supreme Court to an informal meeting in October 2019 to discuss concerns about the California bar exam. He is former chair of the Committee of Bar Examiners Rules Advisory Committee and a former member of the Law School Council representing the California Accredited Law Schools.
Separate but equal ... strength and agility tests ... don't ask, don't tell ... the history and laws of the United States are full of examples of faulty "objective" metrics that were perceived as providing public protection based on the societal norms of their time. That is why the current arguments in favor of maintaining an artificially high minimum passing score for the California Bar Exam seem so easy to defend. After all, doesn't public protection require that th...
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