A thought provoking post at Legal Blog Watch by Carolyn Elefant Should Bar Exams Test Legal Research Skills?, is a reaction post to Joe Hodnicki post on Law Librarian Blog Should (When Will) Legal Research Skills Be Tested on bar Exam? It is obviously an involved topic, but I will try to briefly sum it up. Both sides seem to agree that strong legal research skills are important. But they disagree on the testability of legal research skills. The first question seems to be: Are legal research skills 'testable'?
One argument states that legal research skills would be hard to test because lawyers often have access to different kind of resources (electronic vs. print). Other argument says legal research skills could be easily tested because it is about the theoretical approach and knowledge of available resources rather than about having access to them. Well, what do you all think? Are legal research skills testable? And if so, should they be tested on bar exam?