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Why Better Bar Exams are Not the Answer

By ADF Alliance Alert

Ilya Somin writes at the Volokh Conspiracy: "But I see no reason to believe that bar associations would ever adopt a system whose goal is to protect consumers rather than advance the interests of incumbent lawyers. Even if the bar exam were written by a more objective body, it would still be vulnerable to 'capture' by lawyers, and still likely to be inferior to market mechanisms as a means of weeding out bad attorneys . . . As Burney points out, bar associations are not neutral experts on law. Rather, they are interest groups representing currently licensed lawyers who have a strong incentive to try to reduce competition by making entry into the profession difficult . . ."

Full post as published by Constitutionally Correct on July 15, 2010 (boomark / email).