Save the World Attempt #6,554: FAIL

I admit, I'm a bit of a hopeless do-gooder.  Seriously, you should see my "Service Résumé-" I've documented some of the madness. 

One of the many causes I care about (in addition to poverty, truth, water access, the envirnoment, LGBT equality, governance, prisoner advocacy, etc.) is pedagogy.  Dissatisfied with the low-efficacy death-by-powerpoint-and-endless-lectures approach to teaching in the MPA program, I sought to sit down with a couple of the professors to offer constructive feedback.  Director Cornia (now the Marriott School Dean) put an abrupt halt to my unwelcome endeavor in a rather nasty, personal attack conducted in the privacy of his office.  (His successor proved similarly cruel, rewarding my LGBT efforts with a well-timed rejection of my request for Presidential Management Fellow nomination, successfully nullifying my only chance to participate in that program). 

I didn't learn my lesson, unfortunately, and in my second year of law school tried to improve the curriculm.  I spent substantial time surveying law students for their opinions and researching legal education.  I built consensus and spoke with decision makers.  Ulitmately I submitted a formal proposal to the Curriculum Committee, where the project promptly perished.  The artifacts below document the failure of my 6,554th effort to save the world.

Bradley A. carmack

bradleycarmack@gmail.com 1850 N. University Ave. #304 Provo, UT 84604 Phone (208) 888-9410 cell (801) 380-9372

January 23, 2010

J. Reuben Law School Curriculum Committee

C/o John Fee

418 JRCB

Provo, UT 84604

Dear Curriculum Committee:

Thank you for your consideration of my proposal to add an elective MBE preparation class to the law school’s course offerings.  My introduction will be brief. 

This proposal should succeed or fail on the merits.  If the benefits to the primary stakeholders (the law school and the law students) exceed the costs, I recommend that you accept this proposal.  During the last month, I have conducted a survey of current students at the law school and have researched the constellation of related issues.  This research has led me to conclude that the benefits of accepting this proposal do indeed exceed the costs.  Below, I:

1)      Detail the main arguments against this proposal

2)      Detail the main arguments for this proposal

3)      Present summarized survey results, including a metric indicating that 85% (81 of the 95 student respondents) support the proposal

Thank you again for considering this proposal.

Sincerely,

Brad Carmack

Brad Carmack

2011 JD/MPA Candidate

The main arguments against this proposal:

- BYU law students generally have a high bar passage rate already- so don't upset the status quo.

- Students will enroll in a commercial MBE prep course irrespective of the course offering: therefore, the addition of the course adds little value.

- Some perceive that only law schools who struggle with their students' bar passage offer or require MBE preparation courses: regardless of whether this perception is accurate, offering the course may therefore result in loss of prestige.

- A suitable teacher would have to be identified or hired, and the course and its materials assembled.  Overall, the course might cost the law school between ½ and 1 FTE (full-time employee) annually.

- MBE preparation courses have traditionally been offered only commercially. Because some students might consequently buy less bar review preparation commercially, the proposal will result in loss of revenue for some bar review companies.

- A student’s choice to take this course displaces the more valuable traditional core class she would otherwise choose.

The main arguments for this proposal:

- First year classes are not tailored to the scope of topics tested on the MBE. ("law school courses do not prepare students to take the bar examination... the bar examination does not test what is taught and learned in law school." 30 UMPSLR 299).  In other words, success in BYU's first year classes prepares you for neither 1) the specific content tested on the MBE nor 2) the type of questions on the MBE. Plus, since years pass between the first year and bar exam test day, 3) much first year content is forgotten. An MBE preparation course helps solve all three problems.

- The course would serve as a capstone review of some of the substantive law students learn in law school, as well as provide the unique advantage of a structured approach to understanding areas of law not experienced in first year courses: "A broad base of legal knowledge is helpful when analyzing any "real-life" client scenario, and skills that help students perform well on the bar exam also help them succeed in legal practice" (45 BRANDLJ 269)

.- BYU students have a high bar passage rate because most complete a commercial bar review preparation course. Taking the course during law school would EITHER 1) prepare them for a comprehensive or MBE-only commercial bar review course should they choose to complete one after graduating OR 2) enable them to take only courses that prepare for the non-MBE components of the bar.

- BYU law students generally have a high passage rate, but it's not 100%. Improving the first-attempt bar passage rate will improve how law firms see BYU Law graduates and improve their job placement rate.

- Many of the arguments against the proposal are significantly flawed.  1) The law school shouldn’t care about the revenue of commercial bar review companies. 2)  The content tested on the MBE has long-term value, so it’s worth investing in the higher retention levels that will result from taking the course irrespective of completing a subsequent commercial course.  3) The risk of prestige loss is low, and might even be reversed since the law school would be showing leadership by offering the course and contributing to an increased first-time bar passage rate.  4)  Any course incurs some cost, so the more appropriate consideration than number of FTE’s per year is whether the per-credit value of the course exceeds that of the next best class that is displaced in a student’s schedule, which other arguments in this section suggest it does. 

- Many law students chose to go to law school so they can pass the bar and become attorneys. Why shouldn't their law school prepare them specifically for the bar? Why should they have to take an expensive commercial course in addition to law school in order to achieve this end? "Designing law schools' curricula to include the substantive knowledge tested by, and practical lawyering skills needed to succeed on, bar exams is consistent with good pedagogy, sound educational philosophy, and relevant ABA Standards" (45 BRANDLJ 269).

- It's in the law school's interest to offer the course. ABA accreditation standards state: "(a) A law school shall maintain an educational program that prepares its students for admission to the bar, and effective and responsible participation in the legal profession." (Chapter 3, Standard 301(a): Objectives). An MBE prep course would prepare students for admission to the bar, an explicit law school objective. (one AALS survey showed that over a third of law schools offer bar support - see 52 JLEGED 453).

- Because the ABA restriction on offering credit for bar review courses was just lifted in August '08, this is an apt time to introduce the course. (http://www.abanet.org/legaled/standards/noticeandcomment/%2044392_%201.DOC)

- Statistically significant research findings support offering such a course. (e.g. "The University of Richmond offers a Supplemental Bar Preparation Course which is available to third-year students in both the fall and spring semesters... it teaches test-taking skills and offers practice multiple-choice and essay exams. Because it is offered during the academic school year, the bar preparation class encourages third-year students to begin reviewing substantive material and improving test-taking skills for the bar examination much earlier than do traditional commercial bar review courses, which typically begin after graduation... Data from the University of Richmond's last four years support the conclusion that the bar support program can be credited with improving the chances that graduates will pass the bar examination on the first attempt. And the program does so for modest cost. Because a bar support program is relatively inexpensive to implement, while providing a distinct advantage to graduates, it makes good sense to consider offering such a program." 5 NVLJ 646).

Summarized Survey Results

 

Question one: Are you a current BYU law student, and if so, what year?

#	Answer		Response	%
1	1L		26	27%
2	2L		36	38%
3	3L		31	33%
5	4L/LLM		2	2%
4	Not a current BYU law student		0	0%
	Total		95	100%

2.  Question two: Do you plan to take the bar within three years of graduating law school?

#	Answer		Response	%
1	No		0	0%
2	Yes		93	98%
3	I'm not a law student		2	2%
	Total		95	100%

3.  Question three: There is a proposal to add an MBE preparation course offering to the BYU Law School curriculum.  Would you support the proposal? 

#	Answer		Response	%
1	Yes		81	85%
2	No		14	15%
	Total		95	100%

4.  (Optional): If you chose yes to support the proposal, please type your first and last name below.   I may invite you to join a petition supporting the proposal if you include your name.  This survey is otherwise anonymous.

Text Response

43 names omitted.

Statistic	Value
Total Responses	43

5.  (Optional): What strong argument, if any, can be made in favor of the proposal that is not listed below?

Text Response

Answers omitted – available on request.

Statistic	Value
Total Responses	10

6.  (Optional): What strong argument, if any, can be made in opposition to the proposal that is not listed below? Also, what strong criticisms of the presented arguments (both for and against) do you see?

Text Response

Answers omitted– available on request.

Statistic	Value
Total Responses	12

7.  Now three quick detail questions: First - How many credits should the MBE preparation course be worth?

#	Answer		Response	%
1	1		10	11%
2	2		33	35%
3	3		31	33%
4	4		6	6%
5	5		4	4%
6	I don't support the proposal.		10	11%
	Total		94	100%

8.  Second - Should the MBE preparation course be an elective course or a required course?

#	Answer		Response	%
1	Elective		82	86%
2	Required		5	5%
3	I don't support the proposal.		8	8%
4	Other		0	0%
	Total		95	100%

9.  Third - Should the MBE course be graded or pass/fail?

#	Answer		Response	%
1	Graded		9	9%
2	Pass/fail		77	81%
3	I don't support the proposal.		9	9%
4	Other		0	0%
	Total		95	100%