Bar Exam EVERYWHERE
It's worth taking a moment to wander over to Prof. Kerr's latest post on the Volokh Conspiracy, as it shows just how crazy we bar exam folks have become. First Prof. Kopel proposed that the UN was an "accomplice" in the kidnapping of Israeli soldiers. Prof. Kerr's rebuttal focused on the fact that the U.N. peacekeepers at issue didn't seem to have the required mental state for accomplice liability. And within a few hours, at least three bar takers had started in-depth review of whether the facts constituted accomplice liability, "accessory after the fact" liability, liability in Washington for official misconduct, or (my addition) whether the actions would rise to the level of criminal facilitation, which is a particular N.Y. crime not found on the multistate.
Funny quote from Prof. Kerr in the comments:
A cover up after the fact in order to hide your negligence does not make you an "accessory after the fact." . . . [S]ince you have the bar exam in a few days, note that the definition of "abet" is "to approve, urge, or encourage." That is, not just to objectively help, but to *intentionally* help. So feel free to say what you want on the Washington state bar exam, but if you pick David Kopel's answer you will just get that one wrong."
Thankfully, you can get quite a few wrong on the multistate and still be ok.
Comments
Posted by: BTD_Venkat | July 22, 2006 5:50 PM
Posted by: Bateleur | July 23, 2006 3:29 AM