Welcome back to the Law School Toolbox podcast! Today, we’re discussing how to identify and work through Privileges and Immunities Clause issues on a law school exam.
In this episode we discuss:
- Distinguishing between the Privileges and Immunities Clause of Article IV of the Constitution and the Privileges or Immunities Clause of the Fourteenth Amendment
- What steps to take to identify whether the Privileges and Immunities Clause applies
- The Dormant Commerce Clause
- The two requirements that must be met for a state to pass a law violating the Privileges and Immunities Clause
- Analyzing two hypos, from the February 2005 and July 2018 California bar exams
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Resources:
- “Listen and Learn” series
- Tutoring for Law School Success
- California Bar Examination – Essay Questions and Selected Answers, February 2005
- California Bar Examination – Essay Questions and Selected Answers, July 2018
- Podcast Episode 298: Listen and Learn – The Dormant Commerce Clause
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