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State Supreme Court Orders Bar Examiners To Knock Off The Nonsense – Above the Law

Tennessee’s
Board
of
Law
Examiners
denied
admission
to
a
New
York
licensed
attorney
relocating
to
their…
whatever
passes
for
“shores”
there.
In
an
age
of
mobility,
providing
an
efficient
path
for
qualified
attorney
labor
to
flow
to
another
jurisdiction
is
the
precise
scenario
that
inspired
the
UBE,
which
both
New
York
and
Tennessee
employ.
And
yet,

the
Law
Examiners
dinged
Violaine
Panasci

citing
the
attorney’s
Canadian
training
(with
a
Pace
Law
LL.M.)
and
ignoring
her
existing
New
York
license.

The
Supreme
Court
of
Tennessee
has
decided
to
be
the
voice
of
reason
on
this
one,

overruling
the
Board
of
Law
Examiners

stating
that
she
cannot
be
denied
admission
based
on
bar
exam
gatekeepers
deciding
not
to
honor
her
first
law
degree.

It’s
a
victory
for
the

Goldwater
Institute
,
in
conjunction
with
the

Beacon
Center
of
Tennessee

and
the

Southeastern
Legal
Foundation
,
who
filed
a
brief
supporting
Panasci’s
admission.
The
Goldwater
Institute
is

celebrating
the
opinion

as
a
blow
in
favor
of
Tennessee’s
right
to
earn
a
living
law.
I’m
not
a
huge
fan
of
that
framing,
since
I
actually
like
the
idea
of
professional
regulation
and
view
right
to
earn
a
living
laws
as
trojan
horse
vehicles
to
crush
organized
labor.
But
I
can’t
abide
by
protectionism
or
arbitrary
bar
examiners
getting
off
on
their
own
power
so
we
can
have
an
alliance
on
this
one.

And
that’s
what’s
going
on
here.
The
whole
purpose
of
licensing
is
to
guarantee
that
everyone
practicing
meets
a
minimum
standard
of
competency.
But
we
measure
this
with
an
exam
that
asks
questions
totally
irrelevant
to
a
specific
attorney’s
future
practice,
administered
in
a
manner
at
odds
with
the
practice
of
law,
evaluated
by
officials
beset
by

petty
grievances

willing
to

push
the
boundaries
of
legality
.
When
the
proxies
we
establish
to
demonstrate
minimum
competence
end
up
excluding
people
who
exceed
that
standard,
the
proxies
are
wrong.

In
any
event,
congratulations
to
Panasci
and
the
folks
who
stepped
up
on
her
behalf.

Finally,
the
state
can
live
up
to
its
promise:
Give
me
your
drunk,
your
rowdy,
your
bachelorette
party
masses
yearning
to
breathe
free.


Earlier
:

State
Denies
Admission
For
NY
Licensed
Lawyer
To
Strike
A
Blow
For…
What
Exactly?


HeadshotJoe
Patrice
 is
a
senior
editor
at
Above
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and
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