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Plaintiff's Brief Filed in Wisconsin's Diploma Privilege Challenge

Last week, plaintiffs filed a brief in their challenge to Wisconsin's "diploma privilege."

From the State Bar of Wisconsin news:

In the newly filed brief, the plaintiffs ask for summary judgment on the question of whether Wisconsin discriminates against interstate commerce when it requires an examination of graduates from out-of-state law schools in subject areas not particular to Wisconsin law. That is, the plaintiffs contest the rationale for administering only to them the Multistate Bar Examination (MBE), which tests areas of federal and common law.

Specifically, the plaintiffs ask the court to bar Wisconsin from enforcing SCR 40.04(2) which imposes the MBE and counting the MBE toward the requisite passing score on the bar exam. The plaintiffs also seek an injunction against bar examination fees attributable to the MBE and any examination questions testing federal law, the Uniform Commercial Code, or common law principles.