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Update: Fail the Bar, Blame the Gays, Solicit Donations for Lawsuit!

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Last week we brought you news of Stephen Dunne, the would-be Massachusetts lawyer who’s suing the state Board of Bar Examiners, claiming that he failed the bar exam because one of the questions violated his First Amendment rights by requiring him to approve of gay marriage.

As was noted here in Non Sequiturs yesterday, another blog reported that Dunne has amended his complaint to reduce damages claim from $9,750,000.00 to $9.75. Dunne told the Boston Herald:

“[t]he lawsuit is not about money … It’s about equity and justice, and I wanted to be very clear about that.”

Now we hear from the same site that Dunne has created a website that solicits donations to fund his lawsuit: www.christianlawsuit.com.

Here’s Dunne himself:

I plan on hiring America’s #1 Law Firm to help me win this case. Justice is expensive in America, but with your support it can be realized. Litigation expenses, expert witnesses, court costs and legal fees associated with legal research are only a sampling of the costs that must be paid to guarantee victory and protect the faith of the Founding Fathers of this beautiful Country. I humbly solicit your support and will gladly offer an accounting of the funds received by a Tax Attorney/CPA. The majority of donations will be utilized exclusively to fund the incredible expenses of this Federal Lawsuit. This case is about the protection and defense of Christianity.

Stay tuned for word on which lucky shop Dunne considers to be “America’s #1 Law Firm.”

Comments

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1 Posted by guest | Permalink Friday, July 13, 2007 9:59 AM

"[t]he lawsuit is not about money ... It's about equity and justice, and I wanted to be very clear about that."

Coming from someone who failed the bar exam, I'm not sure he knows what those terms mean.

I suspect that the "amendment" to his complaint occurred because he's as bad at math as he is at law.

Most of us Christians aren't grandstanding morons.

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2 Posted by guest | Permalink Friday, July 13, 2007 9:59 AM

what a douche. another religious crazy.

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3 Posted by guest | Permalink Friday, July 13, 2007 10:06 AM

Cage match: Charney v. Dunne?

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4 Posted by anon | Permalink Friday, July 13, 2007 10:07 AM

What's the question he's upset about. I read the complaint and never saw it.

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5 Posted by The Tax Man | Permalink Friday, July 13, 2007 10:11 AM

I can't wait to get my hands on his donations. He better report every last taxable cent or I'm hitting him up for interest and penalties.
'Cause I’m the taxman,
Yeah, I’m the taxman.

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6 Posted by Anonymous | Permalink Friday, July 13, 2007 10:12 AM

If he makes it past the motion to dismiss stage (which is unlikely), I can't wait till they produce all his crappy answers to the other questions on the exam and his undoubtedly low score on the MBEs.

I want to see exactly where on the bar exam the examiners forced him to accept gay marriage and parenting. Unsurprisingly, his complaint is of no assistance in this regard...

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7 Posted by guest | Permalink Friday, July 13, 2007 10:12 AM

America's #1 Law Firm = Gallion & Spielvogel

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8 Posted by guest | Permalink Friday, July 13, 2007 10:24 AM

Many very intelligent people fail the bar. Many foolish/stupid people file frivolous lawsuits. Don't confuse causation and correlation -- that is an LSAT level error.

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9 Posted by guest | Permalink Friday, July 13, 2007 10:25 AM

Does anyone know how to email this douchebag? I want to get in touch with him.

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10 Posted by guest | Permalink Friday, July 13, 2007 10:28 AM

"The majority of donations will be utilized exclusively to fund the incredible expenses of this Federal Lawsuit"

What will the rest of the donations fund?

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11 Posted by Jonas | Permalink Friday, July 13, 2007 10:28 AM

The e-mail on his website is listed as stephendunne@christianlawsuit.com

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12 Posted by read the papes | Permalink Friday, July 13, 2007 10:28 AM

10:25:
got to the website and click the "send email" button.

Did *you* pass the bar?

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13 Posted by guest | Permalink Friday, July 13, 2007 10:29 AM

"America's #1 Law Firm = Gallion & Spielvogel"

WRONG. This is America's #1 law firm:

http://www.mylemon.com/

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14 Posted by guest | Permalink Friday, July 13, 2007 10:32 AM

what a fundie twatwaffle. i hope he's run over by church bus.

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15 Posted by read the papes | Permalink Friday, July 13, 2007 10:35 AM

10:29,
Read *their* website.
They're only PA and NJ's Premier Lemon Law Firm.

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16 Posted by Oracle | Permalink Friday, July 13, 2007 10:38 AM

Go to Google, type in America's #1 law firm (without parentheses), hit "I'm feeling lucky," and you'll discover the truth.

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17 Posted by this is ridiculous! | Permalink Friday, July 13, 2007 10:40 AM

this lawsuit is ridiculous and it's funny because it doesn't have a chance of succeeding at all.

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18 Posted by guest | Permalink Friday, July 13, 2007 10:42 AM

9:59,
True. Not all Christians are grandstanding.

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19 Posted by I've read too many pro se briefs | Permalink Friday, July 13, 2007 10:42 AM

Random capitalization of nouns like "Country" and "Lawsuit" is a sure sign of an idiot.

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20 Posted by in debt | Permalink Friday, July 13, 2007 10:58 AM

Is this Emily Pataki???

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21 Posted by gal | Permalink Friday, July 13, 2007 10:59 AM

The question is actually a regular domestic relations question, with two women as the couple. If he knew his dom rel, he would've done fine.

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22 Posted by Gay Gay Gay! | Permalink Friday, July 13, 2007 11:03 AM

Also, his Bluebooking is atrocious. Just saying.

Where did this dickhead attend law school?

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23 Posted by guest | Permalink Friday, July 13, 2007 11:15 AM

This is why I only hire grads from New England School of Law, where Dunne graduated #2 in his class.

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24 Posted by guest | Permalink Friday, July 13, 2007 11:24 AM

Rest assured, Mr. Dunne's future legal employment is now assured.

The Department of Justice is undoubtedly bending over backwards to a way to hire this fellow despite the fact that he has not passed the bar.

I wouldn't be surprised if Bush already has him on a shortlist for the next vacancy on the Supreme Court of the United States.

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25 Posted by guest | Permalink Friday, July 13, 2007 11:25 AM

10:12 & 10:29 -

You're both mistaken. America's #1 law firm is clearly Addison & Butler LLP.

http://www.abovethelaw.com/2007/03/even_more_prestigious_than_gal.php

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26 Posted by Federal Lawsuits, Liberal Lawyers | Permalink Friday, July 13, 2007 11:31 AM

Why the heck does this guy capitalize terms like Federal Lawsuit?

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27 Posted by dude | Permalink Friday, July 13, 2007 11:36 AM

Please stand by me in condemning this Frivolous Complaint.

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28 Posted by guest | Permalink Friday, July 13, 2007 12:04 PM

11:24 I just assumed the was shooting for a professor slot at Regents.

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29 Posted by guest | Permalink Friday, July 13, 2007 12:14 PM

What's so wonderful about this lawsuit is that this idiot is setting himself up beautifully for a healthy dose of shame and mockery. He's such an asshole that his own assholery will bring about retribution by simple operation of the legal system.

If only it worked that way all the time.

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30 Posted by guest | Permalink Friday, July 13, 2007 12:25 PM

Hahaha. The douchebag may have fucked himself. Bar applications always ask whether the applicant has been a party to any lawsuits, so he's going to have to disclose this one if he ever takes the bar again. And character & fitness committees take a dim view of frivolous pro se litigation. There are more than a few cases out there where an applicant was denied admission to the bar because of his or her penchant for filing bullshit lawsuits.

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31 Posted by guest | Permalink Friday, July 13, 2007 12:31 PM

Anyone studying for the bar? Here's a Con law Q...

Stephen brings a suit in federal court, and the Attorney General moves to dismiss the suit. The court should:

A) Deny the motion, because the exam question violated the plaintiff’s First Amendment right to exercise religion because it required him to accept gay marriage.
B) Deny the motion, if the expert witness can establish that a person of ordinary Christian faith would be offended by the question.
C) Grant the motion, because portraying a gay-marriage scenario in a hypothetical test question neither advances nor inhibits the right to exercise religion.
D) Grant the motion, because the exam is designed to establish a minimum competency level for bar admission and is not specifically designed to interfere with religion.

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32 Posted by guest | Permalink Friday, July 13, 2007 12:43 PM

He's also too poor to afford a scanner. He just took his original complaint and typed in the information added by the clerk, like the date filed, etc.

Oh, and if you examine the document's metadata (hello, e-discovery!), it looks like he typed it on a New England School of Law computer. So he's also too poor to afford his own computer, I guess.

PS: He constantly refers to the defendants in the complaint as "Defendants", with quotation marks. God, that's annoying, almost as annoying as his use of apostrophes to signal a plural:

9. Plaintiff initiated a Massachusetts Bar application proceeding in November, 2006. In May, 2007, “Defendants” served the Plaintiff with notice of intent to deny his application because the Plaintiff failed to meet the “Defendants” standard’s on the Massachusetts Bar Examination.

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33 Posted by guest | Permalink Friday, July 13, 2007 12:43 PM

C) Grant the motion, because portraying a gay-marriage scenario in a hypothetical test question neither advances nor inhibits the right to exercise religion.

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34 Posted by guest | Permalink Friday, July 13, 2007 12:45 PM

C) Grant the motion, because the plaintiff is a fucking idiot.

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35 Posted by guest | Permalink Friday, July 13, 2007 12:47 PM

Isn't it D)? omg i'm gonna fail

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36 Posted by Stephen Dunne | Permalink Friday, July 13, 2007 12:52 PM

Fucking morons, it's A)

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37 Posted by guest | Permalink Friday, July 13, 2007 12:54 PM

12:31 C)

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38 Posted by anon | Permalink Friday, July 13, 2007 12:55 PM

I think it's (D) right? Employment Division v. Smith and neutral laws of general applicability and all that?

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39 Posted by The Phoenician | Permalink Friday, July 13, 2007 12:57 PM

This guy really is an amazing douche. Reading his complaint is pure entertainment. For some reason he thinks he needs to include bluebook cites in federal complaints. And check out this excerpt:

65. Plaintiff alleges that “Defendants” have imposed a state law that is a sociopolitical tax with discriminatory economic consequences upon out-of-staters.

LOL!

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40 Posted by Rule 11 | Permalink Friday, July 13, 2007 12:58 PM

What the fuck? How is this a tax?

66. Plaintiff contends that the state law in question is a discriminatory tax on interstate commerce and therefore unconstitutional. The Supreme Court has made it clear that states cannot use their tax systems to help in-state businesses at the expense of out-of-state businesses.
See, e.g., Hale v. Bimco Trading, Inc., 306 U.S. 375, 380-381 (1939). The Supreme Court has declared: “No State, consistent with the Commerce Clause, may impose a tax which discriminates against interstate commerce…by providing a direct commercial advantage to local business.” Boston Stock Exchange v. State Tax Commission, 429 U.S. 318, 329 (1977)(citations omitted).

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41 Posted by guest | Permalink Friday, July 13, 2007 12:59 PM

I think B), cause when it's a close call question, the BarBri guy told me to pick the answer choice with "IF" in it

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42 Posted by The Phoenician | Permalink Friday, July 13, 2007 1:02 PM

The more I read his complaint the more fascinating his incompetent legal mind becomes!

66. Plaintiff contends that the state law in question is a discriminatory tax on interstate commerce and therefore unconstitutional. The Supreme Court has made it clear that states cannot use their tax systems to help in-state businesses at the expense of out-of-state businesses. [...]

67. Plaintiff contends that the state law in question affects subject matter of national import and is therefore invalid under the Dormant Commerce Clause. [...]

68. Plaintiff contends that Defendants violated Article IV of the interstate Privileges and Immunities Clause. [...]

69. Plaintiff contends that Defendants violated the Supremacy Clause of the United States Constitution. [...]

74. Plaintiff alleges that the “Pullman Abstention Doctrine,” Railroad Commission v. Pullman, Co., 312 U.S. 496 (1941), does not apply in this case because, unlike Pullman, the “Defendants” (Massachusetts Supreme Judicial Court) has already had an opportunity to eliminate the constitutional problem that is inconsistent with the Massachusetts Constitution and the United States Constitution and neglected to do so. [...]

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43 Posted by Rule 11 | Permalink Friday, July 13, 2007 1:03 PM

Dear law-school ranking experts:

Is New England School of Law a "prestigious Boston law school?"

Signed,

Curious

91. The Plaintiff is in full compliance with all of the laws of Massachusetts and of the United States, including all tax laws. The Plaintiff has never been convicted of any crime or committed any acts of moral turpitude. Plaintiff holds a Juris Doctor degree from a prestigious Boston law school and is currently matriculating at an esteemed Boston business school, working towards a
Master’s in Business Administration.

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44 Posted by Patrick | Permalink Friday, July 13, 2007 1:07 PM

I wasn't going to donate, but since it's for the good of Christianity...

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45 Posted by guest | Permalink Friday, July 13, 2007 1:10 PM

1:02 - a lot of paragraphs sound like a memo-in-a-complaint to me. I think it would be cool for him to add an addendum that includes a judgment too.

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46 Posted by Patrick | Permalink Friday, July 13, 2007 1:11 PM

New England School of Law = Tier 4 = prestigious Boston law school? And how does this fit into a short and plain statement of the facts entitling plaintiff to relief?

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47 Posted by guest | Permalink Friday, July 13, 2007 1:14 PM

New England School of Law = Tier 4

Umm, is this garbage typical from a tier 4 reject?

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48 Posted by guest | Permalink Friday, July 13, 2007 1:16 PM

If tier 4 = prestigious, what's tier 1? Godly? Ultimate? Supreme?

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49 Posted by guest | Permalink Friday, July 13, 2007 1:19 PM

1:14 -

Don't know, but thanks to this fuckwit we DO know the future earning potential of a Tier 4 graduate:

164. Plaintiff contends that the Plaintiff is unable at this time to calculate exactly or finally the amounts of the damages he has incurred or that he will incur as a consequence of the unlawful acts of the “Defendants.” Plaintiff alleges that but for the unlawful acts by “Defendants,” he would have been admitted to the practice of law in Massachusetts, would have opened up a law office and would have established a successful practice. Plaintiff estimates his current and future losses of revenue and business opportunities at $2.50.

165. Plaintiff contends that the Plaintiff has suffered and continues to suffer mental pain and anguish, emotional stress and humiliation as a direct result of “Defendants” unlawful conduct. As a result of the unlawful actions of “Defendants,” Plaintiff avers that he is entitled to punitive damages in the amount of $7.25.

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50 Posted by Legally Chocolate | Permalink Friday, July 13, 2007 1:25 PM

"[t]he lawsuit is not about money ... It's about equity and justice, and I wanted to be very clear about that."

For a second I thought he wrote "EQUALITY" and not "EQUITY" and I got all confused since this guy clearly doesn't believe in equality. Also, I got confused because the sentence didn't make sense. Typically, refusing to grant civil liberties to a person based on their biological makeup is not considered just nor fair.

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51 Posted by guest | Permalink Friday, July 13, 2007 1:25 PM

10:25, you can also reach him by post:

PLAINTIFF, STEPHEN DUNNE, is a citizen of the United States and an applicant for admission to the practice of law in the State of Massachusetts, whose current mailing address is PO Box, Boston, MA 02199.

Well, maybe you can.

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52 Posted by guest | Permalink Friday, July 13, 2007 1:31 PM

So going to Tier 4 law school has positive NPV! Anyway, I hope the state Rule 11 his ass.

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53 Posted by guest | Permalink Friday, July 13, 2007 1:31 PM

The motherfucker's prayer for relief in the complaint includes a request for attorney's fees (along with multiple lengthy footnotes reminding us that attorney's fees are awarded in civil-rights cases. Really? I bet the federal judge the case is assigned to forgot all about that).

The thing is, he filed it pro se and he's not a licensed attorney anywhere.

So by requesting attorney's fees when he is still just a toilet J.D., is he engaging in the unauthorized practice of law?

At least he didn't sign the complaint "Stephen Dunne, J.D."

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54 Posted by guest | Permalink Friday, July 13, 2007 1:34 PM

Yes, genius, you "Failed" the "Bar" because of one question about gay marriage. Not because you Think and Write like a "Third Grader" on the rest of the exam.

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55 Posted by guest | Permalink Friday, July 13, 2007 1:35 PM

this is the greatest complaint i've ever read. i'm just sad he didn't find a way to wedge in a Third Amendment claim, perhaps that by asking questions about gheys on his bar exam the bar association have effectively quartered rhetorical "soldiers" in his metaphorical home.

granted, this dipshit would need to know the meaning of rhetorical and metaphorical for this to work, so we may be out of luck.

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56 Posted by guest | Permalink Friday, July 13, 2007 1:35 PM

Can you Rule 11 a pro se litigant? How about one this stupid?

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57 Posted by guest | Permalink Friday, July 13, 2007 1:45 PM

1:35 -

Of course you can Rule 11 a pro se litigant. The rule is full of references to "unrepresented party".

Rule 11. Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions

(a) Signature.

Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party. ...

(b) Representations to Court.

By presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances,--

(1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

(2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

(3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.
(c) Sanctions.

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58 Posted by guest | Permalink Friday, July 13, 2007 1:47 PM

1:25 - he was kind enough to leave his PO Box in his signature line:

NOTICE OF DEMAND FOR JURY TRIAL
Plaintiff demands a jury trial on issues triable before a jury.

________________________
STEPHEN DUNNE
PO Box 990695
Boston, MA 02199

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59 Posted by The Phoenician | Permalink Friday, July 13, 2007 1:50 PM

LOL @ 1:35 PM's Third Amendment theory.

180!

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60 Posted by White Girls With Black Guys | Permalink Friday, July 13, 2007 2:25 PM

WGWBG!

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61 Posted by guest | Permalink Friday, July 13, 2007 2:29 PM

You can Rule 11 a pro se plaintiff. For a particularly amusing example, check out Washington v. Alaimo (S.D. Ga. 1996) -- 934 F. Supp. 1395.

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62 Posted by cella | Permalink Friday, July 13, 2007 2:33 PM

Didn't read all the comments, so sorry if this was posted, but here's the question:
http://www.mass.gov/bbe/essayquestionsfeb2007.pdf
Go to question #4

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63 Posted by i really do | Permalink Friday, July 13, 2007 2:36 PM

i like cheese

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64 Posted by Actual Lawyer | Permalink Friday, July 13, 2007 2:38 PM

Ok seriously, that fake question was awesome. Now go study for the bar, all of you (you guys should be finishing up the intermediate questions by now, right?).

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65 Posted by Gay Gay Gay! | Permalink Friday, July 13, 2007 2:39 PM

Allegations that Mr. Dunne's morals aren't as lily white as they might first appear. Perhaps his faith DOES have a price?

http://www.goodasyou.org/good_as_you/2007/07/update-on-steph.html

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66 Posted by guest | Permalink Friday, July 13, 2007 2:44 PM

To borrow from "Billy Madison:"

"Mr. Madison, what you've just said is one of the most insanely idiotic things I've
ever heard. At no point in your rambling, incoherent response was there anything
that could even be considered a rational thought. Everyone in this room is now
dumber for having listened to it. I award you no points, and may God have mercy
on your soul."

See also http://www.txwb.uscourts.gov/opinions/opdf/05-56485-lmc_King.pdf

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67 Posted by anon | Permalink Friday, July 13, 2007 3:47 PM

Anyone notice his 16th amendment claim? It's sneaky.

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68 Posted by guest | Permalink Friday, July 13, 2007 3:50 PM

Here is Washington v. Alaimo, 934 F. Supp. 1395 (S.D. Ga. 1996). I think I'm going to file a "Motion to Kiss My Ass" next time a judge pisses me off.

http://raymondpward.typepad.com/rainman2/files/motion_to_kiss.PDF

On April 5, 1996, this Court ordered Plaintiff to show cause why
this Court should not impose Rule 11 sanctions upon him for filing a
motion for improper purposes. The motion which Plaintiff filed was
entitled "Motion to Kiss My Ass" (Doc. 107) in which he moved "all
Americans at large and one corrupt Judge Smith [to] kiss my got [sic]
damn ass sorry mother fucker you." This Court gave Plaintiff until
April 25, 1996, to respond and specifically warned: "Failure to comply
with this Order will result in dismissal of this case."

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69 Posted by anon | Permalink Friday, July 13, 2007 3:53 PM

Sorry, I should have included a reference: 16th Amendment issue at para. 128.

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70 Posted by guest | Permalink Friday, July 13, 2007 4:23 PM

3:53, you mean this one?

128. Plaintiff claims that “Defendants” have invidiously denied Plaintiff’s legitimate claim of entitlement to a protectable property and liberty interest without a fair procedure in violation of the Fourteenth Amendment’s Due Process Clause and Equal Protection Clause of the United States Constitution.

That's a good one. I guess the bar exam and the application process aren't "fair" procedures.

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71 Posted by anon | Permalink Friday, July 13, 2007 5:16 PM

No, that's the 14th amendment issue. Look at the heading: "AMENDMENT XVI."

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72 Posted by guest | Permalink Friday, July 13, 2007 6:00 PM

He did manage to include almmost every amendment from I to XVI in his complaint, except for III and XII.

Heh heh, 1:35, he should have inserted a cause of action that forcing him to write about teh gheys constituted illegal quartering of troops... funny, the last time I saw the Third Amendment in a court opinion it was one of Justice Douglas' "penumbras" cases from the 1960s.

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73 Posted by AMK | Permalink Friday, July 13, 2007 10:42 PM

Where is the complaint?

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74 Posted by guest | Permalink Saturday, July 14, 2007 12:12 AM

To 10:42

He must have forgotten to pay his hosting bill, because the URL - www.christianlawsuit.com - now points to an "Under Construction" page.

It was up this afternoon. Maybe all the blog attention used up his bandwidth?

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