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
Resources:
- “Listen and Learn” series (https://lawschooltoolbox.com/law-school-toolbox-podcast-substantive-law-topics/#listen-learn)
- Tutoring for Law School Success (https://lawschooltoolbox.com/tutoring-for-law-school-success/)
- California Bar Examination – Essay Questions and Selected Answers, February 2005 (https://nwculaw.edu/pdf/bar/February%202005%20Essays%20and%20Sample%20Answers.pdf)
- California Bar Examination – Essay Questions and Selected Answers, July 2018 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/July2018_CBX.pdf)
- Podcast Episode 298: Listen and Learn – The Dormant Commerce Clause (https://lawschooltoolbox.com/podcast-episode-298-listen-and-learn-the-dormant-commerce-clause/)
Download the Transcript (https://lawschooltoolbox.com/episode-350-listen-and-learn-privileges-and-immunities-clause-con-law/)
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Thanks for listening!
Alison & Lee