Author Archives: Michael Froomkin

Anyone Can Fail the Bar Exam

Several years ago, concerned about what was then a low bar pass rate (it has since improved quite a lot) the UM law school did a pretty comprehensive study in an attempt to identify which factors in our students’ legal education might be correlated with bar passage or failure.

As I recall, the data collected for the study failed to confirm almost every hypothesis to a statistically significant confidence interval except the fact that being right at the bottom of the class — having been on academic probation, and maybe graduating in the bottom 10% if I recall — was a very significant marker for likelihood of failing the bar. Everything else we could measure from transcripts (if I recall, and it was quite a while ago, we didn’t do a formal survey of bar study habits) failed to show a statistically significant effect on bar passage odds — not being in the top 10%, not taking particular courses, not taking particular professors or particular sections of ‘bar courses’.

We were left with anecdotal evidence, but I believed it: the people who showed up to bar review and who worked hard passed; the people who skipped bar review classes and/or didn’t study like fiends, were far more likely to fail. This was one of the reasons why, when the Deans asked us to, I agreed to toughen my class attendance policies: I decided it made sense to send the institutional message that an important part of life is just showing up.

Comes now this unfortunate reminder that without enough cramming anyone can fail the bar exam, even very very accomplished lawyers….even law Deans: WSJ.com – Raising the Bar: Even Top Lawyers Fail California Exam.

Posted in Law School | 10 Comments

Join Me at the MIT Real ID Conference

Join me today, in person or virtually, at the MIT Public Forums on the REAL ID Act of 2005.

Posted in ID Cards and Identification, Talks & Conferences | 1 Comment

More Illegality & Cover-up at the FBI

Not only did the FBI bungle a terrorism investigation and drive the whistle-blower out of the agency, but the FBI is unable to determine who among its staff falsified a report with correction fluid. Is this incompetence, or willful ignorance, and does either answer mean anything less than a thorough house-cleaning is in order? (I mean, wouldn’t SOP be to polygraph the lot of them?)

Report Finds Cover-Up in an F.B.I. Terror Case – New York Times: Officials at the Federal Bureau of Investigation mishandled a Florida terror investigation, falsified documents in the case in an effort to cover repeated missteps and retaliated against an agent who first complained about the problems, Justice Department investigators have concluded.

In one instance, someone altered dates on three F.B.I. forms using correction fluid to conceal an apparent violation of federal wiretap law, according to a draft report of an investigation by the Justice Department inspector general’s office obtained by The New York Times. But investigators were unable to determine who altered the documents.

Posted in Law: Criminal Law, National Security | 5 Comments

A Real-Life Perry Mason Moment

I don’t know how many people are initially attracted to a career in the law because of the mystique of the courtroom moment of truth, the largely fictional stock-in-trade of courtroom dramas and TV shows such as Perry Mason. I wasn’t one of them myself (from the beginning I was 2/3 policy wonk at heart with a minor in deep theories of everything), but one meets lots of them in law schools (although far more among the students, who presumably go into trial law, than among the professoriate), and it’s easy to understand the attraction.

Real life, of course, never serves up such moments. Never? Well, hardly ever…and when it does they can be quite beautiful: Snagging a Rogue Snitch – Los Angeles Times.

Posted in Law: Criminal Law | 2 Comments

Floored

We may have somewhat unhappy looking carpet in parts of our law library, but here's a problem we don't have:

Leiter Reports: Time to clean the floors…: A colleague, perhaps prone to hyperbole, writes: “In view of the condition of the floor in the faculty lounge, I suggest that we only go into the kitchen area in pairs. A solitary visitor may become stuck, perhaps in a position making it impossible to reach the phone or the door to call for help. Those of you who have seen the La Brea Tar Pits in Los Angeles can appreciate the problems that conditions like this pose even for creatures as powerful as early reptiles.”

Besides…this week they're replacing the underperforming carpet on my floor with nice new clean and modular carpet. Now when someone spills industrial strength coffee on the rugs, and the inffectual cleaners spread it around, they can just take up a section a yard square or so and replace it.

Posted in U.Miami | Comments Off on Floored

Wikipedia is the Proto Galactic Encyclopedia

The Wikipedia is amazing. In addition to being one of the best sources of news about major current events, it has code snippets, like this one to fight Referer spam.

Posted in Internet | 3 Comments