Constitutional Law Updates for 2023 and Beyond: What Are Kennedy and Dobbs and What to Do About Them?

There were two recent major changes in constitutional law—based on Kennedy (2022) “abandoning” the Lemon test and based on Dobbs (2022) revising abortion’s status as a fundamental right.

First, note that the NCBE drafts and pre-tests questions years in advance. See these NCBE statements about the MBE and the MEE. These statements are in turn linked in this NCBE statement about the 2022 SCOTUS decisions and the bar exam.

Probably a similar story for essays in various jurisdictions, though each state may do it differently.

This means that you might see questions in these areas and get credit for currently correct answers, or they might replace the questions with backups or something. Who knows.

I think it’s unlikely you’ll encounter questions in these areas. But you can control how to respond if you do see these issues.

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Remote/Online Bar Exam Logistics and Strategies

You’re probably wondering how this whole remote bar exam thing is going to work.

  • Do I get scratch paper?
  • Can I use a desktop?
  • How many monitors can I use for ExamSoft/SofTest/Examplify (or whatever exam software)?
  • Do I need to be online?
  • Can I print?
  • Are they going to proctor me through a camera?
  • Can I take bathroom breaks?
  • What about cheating?
  • What about the MBE? How many questions? Is it all on a screen?
  • What if I’m handwriting?

Uh, yeah, I’m sure you have a lot of questions.

Right now, all the states are having a brawl and doing whatever they feel is necessary to conduct their bar exams.

Many states are shifting from in-person paper testing to an almost entirely digital exam, at least for the 2020 Fall bar exam. This is a significant change, and something worth discussing in terms of preparation and test-taking strategies.

This post will address two things:

  1. Testing mechanics for taking a remote bar exam. See below for information on all states, but the initial focus here is on California
  2. Strategies for preparing for and taking a test entirely on screen, assuming your state is administering the exam online and doesn’t allow paper for at least some portion

Btw I’m not going to call this an “online bar exam” because it’s done almost entirely OFFline. Only the check-ins sessions require an Internet connection.

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California Bar Exam passing score lowered to 1390 from 1440

Welp, it’s official. The Supreme Court of California announced the following today:

  • The second administration of the 2020 California Bar Exam is now online, on October 5-6, 2020 (September exam is canceled)
    • Last day to register for the October exam has been extended through July 24, 2020
    • Last day to withdraw and get a full refund of testing fees is September 8, 2020 (no longer right before the test date, may be changed later yet again)
  • A provisional license program under supervision will be available to 2020 law grads, but they will need to take the exam at some point. Such a program will remain at least until June 1, 2022
  • Oh, and the pass score has been lowered to 1390… permanently

Read more about it in the Court’s announcement page.

Does this mean grading will be harsher? Will online testing become the norm? Are we now closer to know the truth about whether we’re living in a simulation?

Hell if I know. But we now have more certainty about the exam. And there’s one thing that has always remained constant:

Take the exam as soon as is practical. Don’t prolong the inevitable to wait until 2022 if you plan to take the exam at some point (whether you plan to take the California bar or another bar exam). I have strong reasons why you should take the exam that’s coming up sooner.

Hopeful California attorneys now have until October to prepare for the 2020 California bar. While the lower cut score and more time to study may be good news for many, as always, watch for burnout.

Now that things have become more certain, make a plan. Get a better idea of how you should spend your time. Productivity comes from clarity.

Let’s watch out for more information about exam logistics as we move forward with bar prep.

Stop Trying to Pass the Bar Exam

I’m guessing some of you weirdos out there actually, literally LOVE bar preparation. Probably the same kind of people I didn’t talk to in law school.

I encourage you to enjoy bar prep to the extent possible… But this probably isn’t your passion and calling. So why stay trapped in it any longer than you have to?

The goal is to pass the bar, not to think about passing the bar. [Share on Facebook]

One leads to your heart immediately entering a lowkey hum of disappointment and regret as soon as you wake up.

The other leads to a free life where you’re not chained to your circumstances. You can finally live where you want. You can finally do the work you want. You can finally start chipping away at those student loans and pay for appetizers.

How do I know this?

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Thinking about the next bar? When to study for the bar exam and how long

Great Scott! It’s been a while.

Today’s the day that Marty McFly time travels to in Back to the Future II. Ironically, my previous post is titled “Don’t Time Travel.”

July feels like forever ago even for us, and times sure have changed. We even got to see Justin Bieber’s wiener (if you missed it, go see how much he’s packing).

You probably don’t miss the bar, but this is a quickie post just in case you’re looking to get a head start studying for February (even if you’re still waiting for results).

I’ve received multiple questions regarding when to start studying and how long to study after failing with Barbri. For your benefit, below is my most recent answer to that type of question, verbatim. Take a look if you’re wondering when to study for the bar exam, whether you should start studying now or later, so you can start planning contingencies at least.

In the meantime, I’ve been cooking up some sweet new material for you. Look forward to it starting the third weekend of November!

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