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AndrewMcCormickProject 25 - 04 Feb 2010 - Main.AndrewMcCormick
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-- AndrewMcCormick - 13 Nov 2009 | | | Schware v. Board, 353 U.S. 232 involved a New Mexico man's denied entry to the bar on account of failing to show "good moral character." Among other minor crimes, his eight year membership in the communist party, from 1932-1940, was the major concern. The Court established in an 8-0 opinion that character and fitness requirements must comport with the Due Process Clause, and that party membership did not show bad character, especially over a decade later. | |
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< | In Re Application of Stewart - PDF? , 112 Ohio St. 3d 415, was a recent Ohio case to the point of my initial interest; there, the court affirmed the character and fitness board's decision that debt combined with sketchy disclosure was enough to deny admission to the bar. Looking to the facts, his debts were extraordinary, but it appears his behavior and attitude may have been the truer source of the bar's reluctance to admit the applicant.
Ex Parte Wall (with notes), 1077 U.S. 265 (1883) discusses a striking case involving a white Florida man who participated - although to what degree is unclear - in removing a black suspect from a jail cell and lynching him in front of a courthouse. The lynch mob participant challenged his bar rejection on character and fitness grounds and prevailed, despite a very serious crime and a symbolic attack on law's legitimacy. | >
> | In Re Application of Stewart? , 112 Ohio St. 3d 415, was a recent Ohio case to the point of my initial interest; there, the court affirmed the character and fitness board's decision that debt combined with sketchy disclosure was enough to deny admission to the bar. Looking to the facts, his debts were extraordinary, but it appears his behavior and attitude may have been the truer source of the bar's reluctance to admit the applicant. | | | | |
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> | An 1883 case, Ex Parte Wall, 1077 U.S. 265, discusses a striking case involving a white Florida man who participated - although to what degree is unclear - in removing a black suspect from a jail cell and lynching him in front of a courthouse. The lynch mob participant challenged his bar rejection on character and fitness grounds and prevailed, despite involvement in a serious crime and a symbolic attack on law's legitimacy. | | | |
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