Thursday, May 14, 2020

Bar Exams in a Pandemic Plus "Limited Liability Corporations" on the Nevada Bar

States are struggling to figure out the right approach to administering bar exams in the middle of a pandemic.  Nevada has proposed moving to an online bar exam over the summer.  You can find the Nevada proposal and my comment letter here.  There are thoughtful comments from law professors including Claudia Angelos (NYU), Judith Wegner (UNC & Carnegie Report), Debby Merritt (OSU), Andi Curcio (GSU), Carol Chomsky (MN), Sara Berman (now AccessLex), and Eileen Kaufman (Touro), Steven Silva (TMCC), and Lori Johnson (UNLV).  Hopefully we can find a way to administer a fair exam without putting anyone at undue risk.

But I wanted to flag another issue about the Nevada bar exam, one near and dear to Joshua Fershee's heart.  Nevada's official subject matter outline for the Nevada bar calls for exam takers to know about "Limited Liability Corporations."  It's listed as a subheading within "Corporations." I checked the Nevada corporation code, and no such entity exists.  The closest we get is Chapter 86 for limited liability companies.  As Fershee has explained again and again and again and again and again, limited liability companies are not corporations.  There is not real difference between saying "corporation" and "limited liability corporation. It’s a very, very common mistake.

Some Nevada lawyers have taken Nevada's relatively high failure rate as indicating that Nevada's bar exam is one of the most "rigorous." There are, of course, other possibilities to explain a higher failure rate.

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