Florida, we have a problem.
Shots were fired over a year ago as to this topic. On the one side was Dean Allard of Brooklyn Law School, leading the charge - "the bar exam is too hard! It's unfair!" On the other side was the NCBE - "current students are 'less able'! Buckle down!" If anyone should be on the side of mathematical analytics, is would be Bloomberg.
As is often the case in many things, the truth is likely somewhere in the middle. Given my own participation in the debate over the years and my own leanings, it is safe to say I am still in the scamblog camp - this is, I believe the charges of bar exam difficulty are heavily weighted in the "hey, this affects my livelihood so stop looking at the data so hard" direction, not the more-politically-palatable proclamation that "diversity is super-important, how dare you try to interfere with that using an arbitrary test" direction. When the Law School Cartel has gone from laughingly-dismissing the scambloggers to calling them demons over the years, especially in the face of falling bar passage rates, I get a bit cynical. Then again, I am a product of the self-same system, so the Cartel reaps what the Cartel sows, I guess.
That said, let's talk about the major rejoinders from the Cartel, and what I find to be a fascinating debate over at the Faculty Lounge. Per my reading, they fall into three basic categories:
-more below the fold-