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Expert Opinion

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The Bar Exam Does More Harm than Good
The Bar Exam Does More Harm than Good
The goal of any licensure process should be to make sure the public is protected from incompetence without serving as an artificial barrier to people entering the legal profession. Indeed, this is precisely what the bar exam purports to do. But does the bar exam actually do those things?
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Process Matters in Legal Regulation Reform
Process Matters in Legal Regulation Reform
We’re researchers who study legal services regulation and access to the civil justice system. We’ve been thrilled to watch groundbreaking announcements from the West ignite a wide-ranging national debate about how best to regulate legal training, services, and businesses—and we’ve been paying special attention to the role people who are not lawyers are playing in the process of legal re-regulation.
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The IAALS Effect on Hiring at Wheeler Trigg O’Donnell
The IAALS Effect on Hiring at Wheeler Trigg O’Donnell
At Wheeler Trigg O’Donnell, we’ve been fortunate to have a front-row seat to the outcomes and transformation that IAALS has achieved through Foundations for Practice. We collaborated with IAALS to survey our partners on the characteristics that they viewed as most essential for new associates to be successful at WTO, and the outcomes for retention and diversity have been exciting and encouraging.
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Putting Students at the Center of Modern Legal Education
Putting Students at the Center of Modern Legal Education
As I’ve learned from many years practicing and advocating for innovative design changes in legal education, teaching online does not and should not involve doing what professors have always done—lecturing, leading discussions, and delivering exams—just through internet-enabled platforms. Instead, law professors should implement design principles to their courses for delivery in any modality: classroom, online, or blended.
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Americans Know What They Want in Their State Judges. Can They Agree How to Achieve It?
Americans Know What They Want in Their State Judges. Can They Agree How to Achieve It?
In a recent national survey asking about the importance of 12 characteristics of judges, survey respondents indicated that the public prizes a judge's professional qualities above all others, including political qualities—preferences that have obvious relevance for methods of judicial selection.
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Pandemic “Pilot Projects” and the Next Steps for Court Innovation
Pandemic “Pilot Projects” and the Next Steps for Court Innovation
Throughout the past year, our courts have been engaged in informal pilot projects—they’ve tried out different technologies and processes, all in an effort to continue the administration of justice amid the pandemic. Now, we have the opportunity to learn from this experience and chart a path forward long term.
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Back to the Future: Civil Case Management
Back to the Future: Civil Case Management
Civil jury trials have been few since the pandemic began. Cases stalled and slowed, phone conferences and Zoom replaced in-person hearings, and deadlines were extended. How did courts handle the tension between civil rules and procedure on the one hand, and the fundamental right to a jury trial on the other? And, what will stick?
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Federal Pro Se Clinic in Colorado Helps the Public Navigate Our Federal Courts
Federal Pro Se Clinic in Colorado Helps the Public Navigate Our Federal Courts
Since 2018, the Colorado Bar Association Federal Pro Se Clinic has been helping people navigate the overwhelming process of filing and pursuing a lawsuit in federal court without a lawyer. Use of the clinic has increased substantially in the time it has been in operation, and all signs point to increasing demand for pro se assistance. 
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No Small Measures: We Must Radically Reconsider Lawyer Licensure and the Bar Exam
No Small Measures: We Must Radically Reconsider Lawyer Licensure and the Bar Exam
The pandemic’s disruption to the status quo brought with it a critical view of the bar exam, how it is administered, and whether it actually tests what it purports to. The status quo—and tinkering around its edges—is not good enough. It is time we had the courage and will to look beyond the assumptions that underpin the current bar exam and towards outcomes and purpose for a new era.
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Program Evaluation Is Critical in Assessing Court Technology
Program Evaluation Is Critical in Assessing Court Technology
Throughout the past ten months, our justice system has made giant strides in its use of technology, including video- and tele-conferencing, e-filing, remote jury trials, and online dispute resolution. The question now faced by many courts is: are these digital processes working like they’re supposed to?
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