"What If ... Bar Review Materials Were Rated TV-MA or R?"

Starting today, all five episodes of Marvel Studios‘ “Echo” series is now streaming on Disney+ and Hulu.

But if you’re planning to watch “Echo” on Disney+, you may have to make a change to the streamer's settings to watch the show.

This is because “Echo” is rated TV-MA by the TV Parental Guidelines. It’s the strongest rating a television show can receive, which is intended for mature audiences only. It’s the equivalent to the Motion Picture Associiation's R rating for movies. (Other common TV ratings include TV-Y (All Children), TV-Y7 (Directed to Older Children), TV-G (General Audience), TV-PG (Parental Guidance Suggested), and TV-14 (Parents Strongly Cautioned).)

The trailer to “Echo” warns audiences to “SET YOUR DISNEY+ PROFILE TO TV-MA TO STREAM,” making it the first Disney+ series from Marvel Studios to do so. TV-MA programs often contain mature themes, content, or subject matter that may include strong language, sexual content, nudity, violence, or intense situations.

Based on the "Echo" trailer, there’s violence in “Echo.” Lots of violence. And blood. And more violence. And more blood.

It’s certainly not the kind of show one would normally expect from Disney, although it’s not unprecedented, with Marvel Studios’ first two Deadpool movies receiving the R rating and with the third installment expected to carry the same rating.

Still, when you think of Disney shows and movies, you probably think of positive role models, uplifting messages, enchanting worlds, family-friendly humor, memorable music and songs, iconic princesses and heroes, inclusivity and diversity, happy endings—and maybe even cuddly Ewoks.

So, this makes me wonder, “What If ...?” (If you don’t get the reference here, the "What If ...?" series is an animated anthology series within the MCU on Disney+. Each episode explores alternate realities and different scenarios within the Marvel universe, like “What If ... Captain Carter Were the First Avenger?" and "What If ... Thor Were an Only Child?"

In that same vein, let me explore my "hot take" of the day: “What if … bar review materials and practice questions for the exam were rated TV-MA or R?

This would certainly be a stark change from the usually sterile and boring explanations and hypotheticals in most review materials. Mature-rated materials (similar to TV-MA or R) would provide an unconventional and edgy approach to bar preparation.

Here's how it could look:

Tone and Language: The primary difference would be the tone and language used in explaining legal concepts and drafting questions. The explanations would be more candid, using colloquial or even profane language to describe legal scenarios, making them more relatable and perhaps memorable for some students. Of course, the challenge would be to make sure the substance remains the same while changing how that substance is delivered. The difference would be in how these concepts are communicated—more directly, with less legal jargon, and possibly with a touch of humor or sarcasm.

Here are examples of how core legal concepts might be communicated in an "R" bar review program, with a focus on directness, reduced legal jargon, and a touch of humor or sarcasm:

Contract Law:

Boring explanation: "Consideration must be present for a contract to be legally binding."

Revised explanation: "No pay, no play. If you’re not getting something in return, it’s just a fancy promise, not a legit contract."

Criminal Law:

Boring explanation: "Mens rea refers to the defendant's criminal intent."

Revised explanation: "Mens rea is all about what nasty stuff was going on in your head when you decided to break the law."

Torts:

Traditional: "Negligence requires duty, breach, causation, and damages."

Revised explanation: "If you screw up (breach) what you're supposed to do (duty), cause a mess (causation), and someone gets hurt (damages), you're on the hook for negligence."

Practice Questions and Hypotheticals: These would be more vivid and realistic, incorporating everyday language and scenarios. For instance, instead of a sanitized version of events, the questions might include real-life dialogues or descriptions.

Personally, I always find it funny that, in a typical law school hypothetical testing the excited utterance exception to the hearsay rule, there might be an eyewitness to a deadly car accident who states something like, “Oh my! Did you see that red car drive through the red light?” in probably the most monotone way possible.  

I dare so—that usually doesn’t happen in real-life. No, usually you’ll have someone at the scene screaming something like, "Holy shit! Did you see that ass run the light?" You can even replace “ass” with MF.

Student Engagement: This TV-MA or R-rated approach might appeal to students who find traditional review materials dry or hard to relate to. The vivid and unorthodox method of presenting material could aid in memory retention and engagement.

Preparation for Real-World Lawyering: By presenting legal scenarios in a more realistic and less sanitized way, students might get a better sense of the kind of language and situations they might encounter in actual legal practice.

Overall, this imagined TV-MA or R-rated approach would maintain the integrity and comprehensiveness of a traditional bar preparation program but with a twist in presentation, language, and assessments, potentially making the material more accessible and engaging for students who appreciate a less formal approach to learning.