Sunday, June 11, 2006
Daniel J. Solove, Associate Professor of Law George Washington University Law School, asks in his article in the Michigan Law Review, "The Multistate Bar Exam as a Theory of Law," notes that the Multistate Bar Exam is "the most widely read work of jurisprudence by those in the legal system" and asks "But what is its theory of law?"
I doubt his analysis of the MBE as coming out of the school of legal realism, as I think it is more properly placed in the buccal linguistic tradition. However, Solove correctly notes that the MBE is created anew every six months and:
All of us should be very thankful indeed for the great efforts of the anonymous legal philosophers who continue to toil on this evolving jurisprudential masterpiece.And, in its evolution, the MBE is "a work of jurisprudence that just keeps on giving."