Why It is Unconstitutional for State Bars, When Doling out Bar-Exam Seats, to Favor In-State Law Schools

VIKRAM DAVID AMAR

Illinois law dean Vikram David Amar explains why it is unconstitutional for state bars to favor in-state law schools when deciding who may sit for the state bar exam while complying with social distancing requirements, based on the Supreme Court’s precedents on the dormant Commerce Clause.

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Dieuvil v. Gebrueder Knauf Verwaltungsgesellschaft, KG

Docket: 20-30120

Opinion Date: May 20, 2020

Judge: Per Curiam

Areas of Law: Civil Procedure, Class Action

Plaintiff joined the Chinese-Manufactured Drywall Products Liability Multi-District Litigation, alleging that his home contained defective Chinese-manufactured drywall. Plaintiff challenged the district court's award of $300,000 in damages and Knauf Defendants move to dismiss. The Fifth Circuit granted the Knauf Defendants' motion to dismiss for lack of jurisdiction and dismissed the appeal. In this case, the New Claims Settlement Agreement incorporates another agreement that has a waiver of appellate rights, and these explicit waivers clearly and unequivocally waive plaintiff's right to appeal.