Saturday, May 27, 2006

Passing the Bar

Chemerinsky

ERWIN CHEMERINSKI - DUKE LAW

It is a time tested rite of passage to take and pass a bar exam to actually be able to practice law. No matter that you just plunged yourself into six figure debt and endured professors who had as their goal to single handedly suck every last vestige of conservative thought from your brain. The courts of the land, read: good ol' boys, have maintained that it is no violation to require this abuse.

Interestingly, now that law school is over and class is done, the tassel on my mortorboard is still wagging and I find myself back in the classroom. This time, it is to learn to actually PASS the bar exam. Now, being of Irish decent, passing a bar is counterintuitive. Wait. Can I say that, or is it too insensitive to suggest the Irish like their drink? Those damned liberal profs!

It is no secret that a person undergoing bar prep has a single minded, one note song playing from now until the end of July. Rightzilla is no different. Wait, that is Rightzilla, J.D. now.

Erwin Chemerinski was in the classroom the past two days. I do not like his politics. But I own his book Constitutional law: Principles and Policies and enjoyed him. I have admired his intelect for years. He is a smar-T-pants with a capital T. Does the entire outline without notes and is unflappable. I felt I got my money's worth from those lectures, let me tell ya.

Chemerinski is a law professor a Duke. He is a premier brainiac on constitutional law. I was surprised, then, that he revealed he had recently represented a plaintiff in a Texas case wherein they were suing to force the removal of a 6 foot high, 3 foot wide monument from the Texas state house property because it violates the establishment clause of the First Amendment. It contains the Ten Commandments. You see, there are 22 other such monuments on the property with a variety of inscriptions and therefore, no endorsement of religion. Seems so straight forward that would be the case. It is like the bullying often done by the ACLU in such cases. Thank God, (no pun intended....uh....yes there was) they lost the case. To me, the only reason to even think that that case had more than an ice cube's chance in hell (note additional pun here) of prevailing was to find an activist judge who would ignore the full application of establishment clause law and just throw the monument out. I was disappointed by this. But I cannot deny his incredible knowledge and grace in presenting information.

You will tire of Rightzilla's bar prep. But no more than will Rightzilla.