WHAT!! Next thing you'll tell me is that you no longer are penalized a half letter grade for being unprepared or missing more than 10% of your class days............
Penalized for missing class??? These primative ways of which you speak frighten and yet intrigue me. Please, go on...
In all honesty, I've only had two professors with any attendance policy and only one enforced it. The ABA requires every student attend at least 80% of the scheduled lectures to get credit in the course, but no one ever follows that. My roommate, for example, hasn't made it to Con Crim Pro since the first day of class, when he went to pick up his syllabus.
As for being unprepared...I'll just say "pass" is a perfectly appropriate response to "Mr. X, give us the facts of Brown," as long as you're not a 1L.