http://a-new-machine.livejournal.com/ ([identity profile] a-new-machine.livejournal.com) wrote in [community profile] talkpolitics 2011-09-09 12:36 am (UTC)

Nah, the bar can't oust you for personal beliefs about what the law *should* be. I just prefer to deal in the realities with which we are faced, rather than some idealized model of the law as it was centuries ago. The entire point and central strength of the common law model is that it develops and changes over time. Judges apply old principles to new cases, and thus create or illuminate new principles that had never before arisen, or were not dealt with.

I could agree with you with no problems with potential bar admission. I may not be able to say what you would agree with on the bar exam, but that's a test of how you would interact with the law as it exists, not the law as you would have it be, so that makes sense even if nobody on the bar examiners board agrees with it. So you can rest assured that I am being perfectly honest with you when I say that Virginia's law does not constitute an injury.

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