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Record W3121809023

How to Build a Better Bar Exam

2018· article· en· W3121809023 on OpenAlexaboutno aff
Andrea A. Curcio, Carol Chomsky, Eileen Kaufman

Bibliographic record

VenueSSRN Electronic Journal · 2018
Typearticle
Languageen
FieldSocial Sciences
TopicLegal Education and Practice Innovations
Canadian institutionsnot available
Fundersnot available
KeywordsMemorizationMultiple choiceContext (archaeology)Test (biology)Legal educationComputer scienceLegal writingPoint (geometry)Practice of lawLawPsychologyMathematics educationLegal professionLegal researchPolitical scienceReading (process)
DOInot available

Abstract

fetched live from OpenAlex

As a licensing exam, the purpose of the bar exam is consumer protection–-ensuring that new lawyers have the minimum competencies required to practice law effectively. As critics point out, however, the exam, and particularly the multiple-choice question portion of the exam, has significant flaws because it assesses legal knowledge and analysis in an artificial and unrealistic context, and the closed-book format rewards the ability to memorize thousands of legal rules, a skill unrelated to law practice. This essay discusses how to improve the exam by changing its multiple-choice content and format. We use two law licensing exams to illustrate how bar examiners could utilize an open-book format and develop multiple-choice questions that assess a candidate’s ability to engage in legal reasoning and analysis without demanding unproductive memorization of so many detailed rules of law. The first example, the case file approach, is drawn from a 1983 California “Performance Test” in which test-takers received a case file and a series of multiple-choice questions testing the candidates’ ability to read, understand, and use cases to support their legal positions. The second example discusses the current licensing exam administered by The Law Society of Upper Canada (LSUC), an open-book multiple-choice exam that tests the use of doctrinal knowledge in the context of law practice. These two licensing exams demonstrate how we could re-structure the bar exam’s multiple-choice questions to measure legal analysis and reasoning skills as lawyers use those skills to represent clients. They also demonstrate that we can do a better job of testing some aspects of minimum competence, while still using a multiple-choice exam format.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.037
metaresearch head score (Gemma)0.114
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.045
Threshold uncertainty score0.196

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0370.114
Meta-epidemiology (narrow)0.0020.002
Meta-epidemiology (broad)0.0020.002
Bibliometrics0.0060.002
Science and technology studies0.0040.003
Scholarly communication0.0100.024
Open science0.0030.008
Research integrity0.0070.013
Insufficient payload (model declined to judge)0.0450.044

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.022
GPT teacher head0.347
Teacher spread0.325 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations2
Published2018
Admission routes1
Has abstractyes

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