In Wiesmueller v. Kosobucki, the Seventh Circuit considered whether the Wisconsin diploma privilege violated the dormant Commerce Clause of the United States Constitution. The diploma privilege grants graduates of the University of Wisconsin Law School and Marquette University Law School admission to the Wisconsin bar without examination. This privilege does not extend to graduates of other ABA-accredited law schools who desire to practice in Wisconsin. Because the issue was dismissed prematurely in the lower court, the Seventh Circuit declined to decide the issue. Nonetheless, the Seventh Circuit suggested that the diploma privilege arbitrarily discriminated against interstate commerce. This Comment argues that the Wisconsin diploma privilege survives constitutional scrutiny when properly assessed under the dormant Commerce Clause doctrine.
Paul C. Huddle,
Raising the Bar: How the Seventh Circuit Nearly Struck Down the Diploma Privilege Under the Dormant Commerce Clause,
Seventh Circuit Rev.
Available at: http://scholarship.kentlaw.iit.edu/seventhcircuitreview/vol5/iss1/3