In law schools, generations of students have been taught the IRAC model to answer legal questions. First, students must spot the issue–what legal doctrine do the facts implicate? Second, students must state the rule–what particular legal precedent, statute, or principle governs this conflict? Third, students must then apply the rule to these facts–under a particular legal standard, how should the court rule? Fourth, students must state the conclusion–who wins, the plaintiff or the defendant?
Of course, there are many variations of IRAC, and invariably, many students stop using it rigidly at some point during the second year. But the basic process–applying a rule to particular facts is a cornerstone of legal education.
That background brings me to the NextGen bar exam. I have written about this new formulation of the multistate bar exam, which will launch in some states in 2026. Justice Jay Mitchell of the Alabama Supreme Court already expressed a concern that the National Conference of Bar Examiners (NCBE) is placing DEI concerns over competence. (Critics contend that the bar exam is racist, and should be eliminated). I have another concern, which may be related–the NCBE seems to be making the exam substantially easier.
