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EXPERT OPINIONS OCTOBER 26, 2020 ¦ 45

(MBE), a standardized test covering six major ar- like UConn will submit your tests to a computer
eas (Constitutional Law, Contracts, Criminal Law, analysis to see whether some of your “distractors”
Evidence, Real Property, and Torts), some essays, (code for wrong answers) are distracting enough.
the Multistate Performance Test (MPT) which I guess if no one picks (a), then it’s a waste of an
seems to test your ability to synthesize answers opportunity to fool a student.
from a set of evidence and rules When I applied this science to
and the Multistate Professional an ethics course I was teaching at
Responsibility Exam. Different the time, I got some push-back
parts are weighted differently. Test takers in many states from the dean who, probably
Connecticut seems to hew to correctly, said he’d rather teach
the norm, though we waive the were worried that tech lawyers to think and argue and

MPRE for in-state test takers issues would result in a read between the lines than to
who achieved a minimum score think that every problem had a
in their ethics class. disaster. It seems that, with single right answer. But the ac-
a few glitches, the system cepted wisdom is that we believe
Testing seems to be both a that we can test for things that
science and a religion. I learned worked, and the bar make lawyers good, likely to be
this a few years ago when I was exam joined most of the successful and worthy of licen-
writing exams for a national spe- practice of law as an online

enterprise.

cialty bar. Because we wanted sure, which include a healthy
our certification to be accepted emotional quotient, empathy, a
by every state, we needed to good moral and ethical founda-
prove that it was empirically valid as a measure- tion and deep communication skills as much as
ment of skill and knowledge. The organization subject-matter knowledge. That’s the religion part.
hired a psychometrician who advised us that essay You can’t prove it, you just need to believe. ¦
exams were notoriously subjective and unreliable,
that sort answers were much better but that the Mark Dubois, of counsel to Geraghty & Bon-
best measure was multiple choice. There’s quite nano in New London, is former state chief
a science to writing these questions, and schools disciplinary counsel for Connecticut.

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