California Holds On Tight To Its Notoriously Difficult Bar Exam – Above the Law

(Image
via
Getty)

There
was
a
plan
for
California
to
provide
an
alternative
to
its
notoriously
difficult
bar
exam
(with
a
cut
score
40
points
above
the
national
average).
The

Portfolio
Bar
Exam
,
which
was
designed
similarly
to
the
Covid-era
Provisional
License
program,
would
have
allowed
law
school
graduates
to
bypass
the
bar
exam
instead
opting
to
shadow
experienced
attorneys
for
four
to
six
months
to
become
barred
in
the
state.

But
as
you
might
have
gleaned
from
the
past
tense
usage
(and
the
headline),
that
has
been
scrapped.
The
Supreme
Court
of
California

rejected

the
bar
exam
alt,
saying
it
would
cause
an
“array
of
ethical
and
practical
problems.”

As

reported
by

Reuters:

The
court
also
said
the
program
would
compromise
“fairness,
validity,
and
reliability
as
a
measure
of
an
applicant’s
competence.”
It
noted
that
applicants
placed
with
more
skilled
or
more
dedicated
supervisors
could
establish
better
portfolios
of
work
than
counterparts
with
“less
committed
supervisors.”

Despite
the
California
Supreme
Court’s
harsh
word
about
alternative
licensing
programs,
they
are,
in
fact,
trending.
Two
other
West
Coast
states,
Oregon
and
Washington,
have
already
approved
similar
programs
as
the
one
rejected
by
the
Golden
State.


Earlier
:

Oregon’s
Supreme
Court
Could
Greenlight
Hands-On
Bar
Exam
Replacement


Washington’s
Supreme
Court
Green-Lights
Three
Ways
To
Skip
The
Bar
Exam




Kathryn Rubino HeadshotKathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email

her

with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter

@Kathryn1
 or
Mastodon

@[email protected].

The FBI Has Apparently Spent A Year Trying To Crack NYC Mayor Eric Adams’s Personal Phone – Above the Law

(Photo
by
TIMOTHY
A.
CLARY/AFP
via
Getty
Images)

The
spectacular
collapse
of
the
Mayor
Adams’s
administration
is
still
in
progress.
Pretty
much
everyone
with
ties
to
the
ex-cop,
current
mayor
has
either
been
informed
of
an
ongoing
investigation
or
managed
to
infer
that

following
multiple
raids
by
the
FBI
.

The
mayor’s
handpicked
police
commissioner, Edward
Caban
,
resigned
shortly
after
these
raids
occurred,
most
likely
because
he
was
on
the
receiving
end
of
one
of
these
raids.
So
were
First
Deputy
Mayor
Sheena
Wright,
Deputy
Mayor
for
Public
Safety
Phil
Banks,
Phil
Banks’s
brother,
David
Banks,
who
is
the
schools
chancellor,
and
Timothy
Pearson,
the
mayor’s
adviser.

Edward
Caban
issued
“get
out
of
accountability
free”
missive
 to
the
NYPD
as
he
left
the
building.
He
was
replaced
by
former
FBI
Special
Agent
Michael
Donlon… whose
own
house
was also raided
by
the
FBI
.

In
the
middle
of
all
this
raiding
and
resigning,
the
Mayor’s
PR
people
came
forward
to
say
the
mayor
was
shocked,
shocked!
to
discover
there
might
be
some
sort
of
corruption-laden
city
government
with
himself
at
the
center
of
all
of
it.
The
issued
statement wasn’t
quite
the
exoneration
it
was
meant
to
be
:


“As
a
former
member
of
law
enforcement,
the
mayor
has
repeatedly
made
clear
that
all
members
of
the
team
need
to
follow
the
law.”

You
know
who
doesn’t
have
to
say
that
kind
of
thing
repeatedly?
Someone
who
oversees
a
bunch
of
people
who
have
expressed
no
interest
nor
engaged
in
acts
that
might
potentially
violate
the
law.
No
honest
politician/advisor/political
appointee/police
chief
needs
to
be
“repeatedly”
reminded
to
“follow
the
law.”
It
just
comes
naturally
to
most
people.

But
Mayor
Adams’s
people
are
not
most
people.
A
lot
of
them
are
also
former
cops.
Perhaps
that
explains
all
the
corruption.

Mayor
Adams
himself
isn’t
immune
to
this
ongoing
investigation.
In
fact,
he
experienced
his
own
personal
raid
a
year
before
the
onslaught
of
recent
raids
that
have
made
headlines
around
the
nation.
Now
that
the
mayor
is
under
indictment,
court
filings
are
starting
to
expose
a
lot
of
details
that
were
deliberately
kept
out
of
public
view
as
the
FBI
engaged
in
its
investigation.

One
of
those
details
is
the
fact
that
the
FBI
executed
a
search
warrant
targeting
multiple
phones
used
by
Mayor
Adams.
However,
his
personal
phone
was
not
among
those
seized.
A
subpoena
was
issued
ordering
the
mayor
to
turn
over
his
personal
phone
(which
is
alleged
to
be
the
device
the
mayor
used
to
“communicate
about
the
conduct
described
in
this
indictment”).
Mayor
Adams
complied.
Sort
of.
He
gave
the
FBI
his
phone.
What
he
didn’t
give
the
FBI
was
a
way
to
see
the
phone’s
contents, according
to
this
report
by
Gaby
Del
Valle
for
The
Verge
.


When
Adams
turned
in
his
personal
cellphone
the
following
day,
charging
documents
say,
he
said
he
had
changed
the
password
a
day
prior

after
learning
about
the
investigation

and
couldn’t
remember
it.

Sure
looks
like
an
attempt
to
withhold
and/or
destroy
evidence.
The
fact
that
this
happened
the
day after the
FBI
seized
the
mayor’s
other
phones
isn’t
going
to
work
out
well
for
him
in
court.
His
excuse

that
he
couldn’t
remember
it

is
no
more
believable
than
his
office’s
assertion
that
everyone
engaged
in
legal
behavior
because
they
were
repeatedly
told
not
to
violate
the
law.

But
both
of
those
statements
are far more
believable
than
the
mayor’s
explanation
of
the
post-FBI
visit
password
changing:


Adams
told
investigators
he
changed
the
password “to
prevent
members
of
his
staff
from
inadvertently
or
intentionally
deleting
the
contents
of
his
phone,”
the
indictment
alleges.

LOL

Keep
in
mind,
this
was
the
mayor’s personal phone.
Pretending
staffers
had
routine
and
easy
access
to
it
or
its
contents
beggars
belief.
And
the
simplest
way
to
prevent
staffers
from
“accidentally”
deleting
evidence
of
alleged
criminal
actions
would
be
to
maintain
possession
of
the
phone
on
your
person
or
throw
it
in
a
safe
or
lock
it
in
a
desk
drawer
or
do
literally
anything
other
than
change
a
password
and
immediately
“forget”
what
it
was.

Again,
none
of
this
is
going
to
reflect
well
on
the
mayor
as
he
faces
these
charges
in
court.
Any
judge
will
see
it
the
way
the
rest
of
us
see
it:
a
deliberate
attempt
to
thwart
a
federal
investigation.

Even
so,
let’s
hope
this
doesn’t
result
in
any
stupid
precedent
motivated
by
the
mayor’s
apparently
willful
attempt
to
obstruct
this
investigation.
There’s
some
potential
here
for
rulings
that
might
negatively
affect Fifth
Amendment
rights
 and/or
give
the
feds leverage
to
agitate
 for
compelled
assistance
from
phone
manufacturers.

Because
there’s
a
chance
it
might
do
any
of
these
things.
The
FBI
has
had
the
phone
for
a
long
time.
And
it
still
hasn’t
managed
to
access
its
contents.
The
FBI
insists
(without
supporting
evidence,
obviously)
that
this
is
a
BIG
DEAL
that
might
BREAK
THE
CASE.


During
a
federal
court
hearing,
prosecutor
Hagan
Scotten
said
the
FBI’s
inability
to
get
into
Adams’s
phone
is
a
“significant
wild
card,”
according
to
a
report
from

the New
York
Post
.

I
want
to
believe
that
might
be
true.
But
only
because
I
want
the
feds
to
deliver
a
ton
of
incriminating
evidence
that
takes
down
Mayor
Adams
and
anyone
else
in
his
administration
who
engaged
in
corruption.
On
the
other
hand,
the FBI
always
claims
 any phone
it
can’t
get
into
must
be
loaded
with
incriminating
evidence
capable
of
producing
slam-dunk
prosecutions.
The
FBI’s
anti-encryption
agitation
relies
on
its
fervent
belief
that
the
best
and
most
incriminating
evidence
is
always
found
on
encrypted
devices,
therefore
courts
should
force
companies
(or
accused
persons)
to
decrypt
the
contents
so
special
agents
can
open
and
close
investigations
without
ever
leaving
their
desks.

I’m
definitely
here
for
the
fallout.
I’m
guessing
these
raids
will
lead
to
a
string
of
resignations,
a
cooperating
witness
or
two,
and
a
few
wrist
slaps
for
ex-law
enforcement
officials.
But
if
someone’s
going
to
burn
for
this,
it
should
be
the
person
at
the
top
of
the
city
food
chain.
And
as
much
as
I’d
like
to
see
that
happen,
I’d
much
rather
it
was
accomplished
without
collateral
damage
to
Ccnstitutional
rights
or
the
security
and
privacy
provided
by
strong
encryption.


The
FBI
Has
Apparently
Spent
A
Year
Trying
To
Crack
NYC
Mayor
Eric
Adams’
Personal
Phone


Court
Reminds
Cops
That
Smelling
Decriminalized
Weed
Ain’t
The
Probable
Cause
It
Used
To
Be


The
Social
Media
Moral
Panic
Is
All
About
Confusing
Risks
&
Harms


Cloudflare
Destroys
Another
Patent
Troll,
Gets
Its
Patents
Released
To
The
Public

Morning Docket: 10.11.24 – Above the Law

Not
Olive
Garden
pasta
(via
Getty
Images)

*
Uh
oh…
SpaghettiOs:
Woman
arrested
after
cops
found
a
“suspicious
substance”
on
a
spoon
in
her
purse
during
a
routine
traffic
stop

it
was
canned
pasta
sauce.
[

Lowering
the
Bar
]

*
Respect
the
LinkedIn
hustle:
FTX
officer
updates
profile
to
reflect
prison
sentence.
[CNN]

*
What
this
tells
me
is
that
Roberts
is
still
very,
very

annoyed
with
the
Fifth
Circuit’s
nonsense
.
[National
Law
Journal
]

*
Speaking
of
forum
shopping:
“US
Appellate
Judge
Urges
Caution
on
Judge-Shopping
Rule.”
This
is
why,
unfortunately,
it’s
become
necessary
for
journalists
to
clarify
“TRUMP
Appellate
Judge
Urges
Caution
on
Judge-Shopping
Rule.”
Without
that
context,
this
news
story
reads
as
though
this
isn’t
a
wholly
partisan
stance.

*
The
thing
about
loser-pays
is
that
the
winners
can
rack
up
some
epic
mini-bar
charges
along
the
way.
[Roll
on
Friday
]

*
Nixon
Peabody
sues
personal
injury
firm.
[ABA
Journal
]

*
If
only
some
Supreme
Court
justices
cared
about
miscarriages
of
justice
as
much
as
they
care
about
jailing
women
after
a
miscarriage.
[Dorf
on
Law
]

*
Judge
Kindred
texted
with
former
clerk/inappropriate
relationship/prosecutor
about
a
case
as
he
presided
over
it.
This
is
distinct
from
the
senior
prosecutor
who
sent
the
judge
nude
photographs.
Get
it
together,
Alaska!
[Reuters]

Morning Docket: 10.11.24 – Above the Law

Not
Olive
Garden
pasta
(via
Getty
Images)

*
Uh
oh…
SpaghettiOs:
Woman
arrested
after
cops
found
a
“suspicious
substance”
on
a
spoon
in
her
purse
during
a
routine
traffic
stop

it
was
canned
pasta
sauce.
[

Lowering
the
Bar
]

*
Respect
the
LinkedIn
hustle:
FTX
officer
updates
profile
to
reflect
prison
sentence.
[CNN]

*
What
this
tells
me
is
that
Roberts
is
still
very,
very

annoyed
with
the
Fifth
Circuit’s
nonsense
.
[National
Law
Journal
]

*
Speaking
of
forum
shopping:
“US
Appellate
Judge
Urges
Caution
on
Judge-Shopping
Rule.”
This
is
why,
unfortunately,
it’s
become
necessary
for
journalists
to
clarify
“TRUMP
Appellate
Judge
Urges
Caution
on
Judge-Shopping
Rule.”
Without
that
context,
this
news
story
reads
as
though
this
isn’t
a
wholly
partisan
stance.

*
The
thing
about
loser-pays
is
that
the
winners
can
rack
up
some
epic
mini-bar
charges
along
the
way.
[Roll
on
Friday
]

*
Nixon
Peabody
sues
personal
injury
firm.
[ABA
Journal
]

*
If
only
some
Supreme
Court
justices
cared
about
miscarriages
of
justice
as
much
as
they
care
about
jailing
women
after
a
miscarriage.
[Dorf
on
Law
]

*
Judge
Kindred
texted
with
former
clerk/inappropriate
relationship/prosecutor
about
a
case
as
he
presided
over
it.
This
is
distinct
from
the
senior
prosecutor
who
sent
the
judge
nude
photographs.
Get
it
together,
Alaska!
[Reuters]

Mark Your Calendars For The Sean Combs Trial – Above the Law

Sean
‘Diddy’
Combs
(Photo
by
Shareif
Ziyadat/Getty
Images)



Ed.
Note:

Welcome
to
our
daily
feature

Trivia
Question
of
the
Day!


When
did
Southern
District
of
New
York
District
Judge
Arun
Subramanian
set
as
the
trial
date
for
the
criminal
case
against
Sean
“Diddy”
Combs
on
federal
sex
trafficking
and
racketeering
charges?


Hint:
The
trial
is
expected
to
take
about
a
month.



See
the
answer
on
the
next
page.

ZRP Uncovers 1,000-Member Gay Network


10.10.2024


22:05

The
Zimbabwe
Republic
Police
(ZRP)
has
uncovered
a
1,000-member
gay
syndicate
in
Harare
operating
through
a
WhatsApp
group
called
“Private
Lounge”
to
facilitate
the
illegal
relationships,
reported The
Herald.


Paul
Nyathi

The
investigation
followed
the
arrest
of
a
25-year-old
man
and
a
teenager
in
Highfield
engaged
in
a
gay
relationship.

The
man
lives
in
New
Canaan,
and
works
at
a
local
supermarket,
while
the
teenager
is
a
Form
Four
student
from
Glen
Norah
B
Extension.


The
teenager
joined
the
WhatsApp
group
in
January
2024,
introduced
himself,
and
sought
a
partner.

After
connecting
with
the
man,
they
agreed
to
meet
at
Machipisa
Shopping
Centre,
and
the
teenager
later
visited
the
man’s
home.

The
teenager’s
father
found
love
messages
from
the
man
on
his
son’s
phone
and
blocked
the
contact.

On
October
7,
2024,
the
man
attempted
to
contact
the
teenager
via
his
mother’s
phone,
prompting
the
father
to
report
the
matter
to
the
police.

The
man
was
taken
into
police
custody,
while
the
boy
was
released
to
his
parents
as
investigations
continue.

ZRP
national
spokesperson
Commissioner
Paul
Nyathi
confirmed
the
arrests.
He
said:

We
confirm
that
we
have
picked
up
two
suspects
who
have
assisted
us
in
unearthing
a
gay
and
homosexual
WhatsApp
group
with
more
than
1,000
participants
who
have
been
meeting
at
various
places
and
houses
in
Harare.
Investigations
are
still
in
progress.

In
Zimbabwe,
gay
relationships
are
illegal.
In
February
2024,
the
government
warned
organisations
that
were
enticing
youths
into
homosexuality
through
educational
scholarships,
labelling
these
LGBT
scholarships
as
unlawful
and
unChristian.

The
Office
of
the
President
and
Cabinet
recently
criticised
foreign
interests
for
trying
to
attract
Zimbabwean
students
to
what
it
described
as
“alien,
anti-life,
unAfrican,
and
unChristian
values.”

Post
published
in:

Featured

8 in 10 Zimbabweans support presidential term limits: survey

HARARE

Seventy-nine
percent
or
eight
in
10
Zimbabweans
support
constitutional
provisions
limiting
the
president
to
a
maximum
two
five-year
terms,
according
to
a
new
survey
by
Afrobarometer.

The
limits
are
popular
with
Zimbabweans
of
all
age
groups
and
among
citizens
living
in
both
urban
and
rural
areas.

The
results
are
a
blow
to
supporters
of
President
Emmerson
Mnangagwa
who
are
actively
urging
him
to
amend
the
constitution
and
run
for
office
again
when
his
second
and
final
term
ends
in
2028.

Scrapping
term
limits
would
require
at
least
one
public
referendum.
Afrobarometer’s
survey
suggests
a
proposal
to
do
away
with
presidential
term
limits
would
be
hugely
unpopular.


“A
large
majority
of
Zimbabweans
say
they
prefer
the
present
constitutional
arrangement
that
limits
the
president
to
a
maximum
of
two
terms
in
office,”
Afrobarometer
said.

Men
are
more
likely
than
women
to
support
presidential
term
limits

81
percent
to
76
percent,
the
survey
showed.

Urban
residents
(85
percent)
strongly
support
term
limits
compared
to
their
rural
counterparts
(74
percent).

Support
for
term
limits
increased
with
respondents’
level
of
education,
rising
from
69
percent
among
those
with
primary
schooling
to
87
percent
among
those
with
tertiary
education.

All
age
groups
also
strongly
support
term
limits.
Survey
respondents
aged
18-35
years
were
in
favour
by
79
percent.
Age
36-55
and
56
and
above
were
equally
in
support
by
78
percent.

Just
20
percent
of
respondents
supported
scrapping
term
limits,
while
one
percent
of
the
respondents
either
said
they
“don’t
know”
or
declined
to
offer
their
opinions.

The
Afrobarometer
team
in
Zimbabwe,
led
by
the
Mass
Public
Opinion
Institute
(MPOI),
conducted
face-to-face
interviews
with
1,200
adult
citizens
between
June
1
and
June
15,
2024.

On
the
question
of
multi-party
political
competition
in
Zimbabwe,
 about
two-thirds
(68
percent)
of
citizens
were
in
favour
of
having
many
political
parties
so
that
voters
have
real
choices
in
who
governs
them,
while
31
percent
said
political
parties
create
division
and
confusion
and
it
is
unnecessary
to
have
many
of
them.

Supreme Court orders Innscor out of Profeeds for breaches of competition laws

HARARE

Innscor
Africa
Limited
has
been
ordered
to
divest
from
Profeeds
after
the
Supreme
Court
ruled
that
the
merger
of
Profeeds
and
National
Foods
created
a
near
monopoly
in
the
stockfeed
industry.

Supreme
Court
judges
said
“the
coming
together
of
two
companies
which
previously
were
competitors,
under
Innscor,
created
a
dominant
unit
which
can
reasonably
become
a
monopoly.”

Innscor,
which
owns
the
country’s
number
one
stock
feed
manufacturer,
National
Foods,
used
its
subsidiary
Ashram
Investments
to
acquire
59
percent
of
its
main
competitor
Profeeds
in
2013.

In
2014,
the
Competition
Tariff
Commission
(CTC)
examined
the
transaction
and
prohibited
the
merger
after
ruling
that
it
was
contrary
to
the
public
interest.


Undeterred,
Innscor,
through
Ashram,
decided
to
form
another
merger
with
Profeeds
in
2015,
this
time
with
a
minority
49
percent
stake.
Whereas
the
law
requires
companies
to
inform
the
CTC
of
a
merger
above
US$1.2
million
within
30
days,
the
companies
did
not
do
so
until
2019,
two
years
after
Innscor’s
new
lawyers
advised
the
company
to
inform
the
CTC.

The
CTC
took
a
dim
view
of
Innscor’s
decision
to
delay
in
informing
it
of
the
merger.
It
again
prohibited
the
second
transaction
and
imposed
a
ZWL$40
million
fine
on
the
company.

Innscor
challenged
the
CTC’s
decision
at
the
Administrative
Court
and
won,
prompting
the
commission
to
approach
the
Supreme
Court
on
appeal.

Justice
Tendai
Uchena
of
the
Supreme
Court,
with
Justices
Nicholas
Mathonsi
and
Felistus
Chatukuta
agreeing,
said
in
their
judgement
delivered
on
October
3
that
the
Administrative
Court
erred
in
finding
in
Innscor’s
favour.

The
judges
ruled:
“The
court
aquo
failed
to
consider
the
potential
harmful
effects
of
the
merger.
It
therefore
did
not
make
its
decision
in
terms
of
all
the
applicable
factors
in
assessing
a
merger…

“Monopolistic
tendencies
must
be
carefully
assessed
because
they
may
initially
appear
favourable,
but
in
the
long
run
they
may

when
the
monopolists
get
to
a
point
where
the
market
has
no
other
option
but
to
buy
their
goods

turn
around
and
control
even
the
economy
of
a
country
by
producing
highly
priced
goods
or
substandard
goods
sold
at
high
prices.
They
may
also
destroy
small
business
in
the
future.”

The
judges
said
the
Administrative
Court
ought
to
have
carefully
considered
the
fact
that
Innscor
retained
a
controlling
interest
in
both
National
Foods
and
Profeeds,
companies
which
specialise
in
manufacturing
and
selling
stock
feeds.

“Innscor
also
has
a
controlling
interest
in
Irvines
Zimbabwe,
a
major
customer
of
both
Profeeds
and
National
Foods.
An
analysis
of
Innscor’s
conduct
shows
that
it
desires
to
wholly
control
the
stock
feeds
market
which
is
not
permissible,”
the
Supreme
Court
said.

The
merger
“concentrated
industrial
power
in 
the
two
biggest
companies
in
the
stock
feed
industry,”
they
added.

The
fine
imposed
on
Innscor
was
reasonable,
the
judges
said,
given
the
company’s
apparent
affinity
for
anti-competition
activities.
The
Profeeds
merger
was
the
third
time
Innscor
had
contravened
competition
laws,
the
court
said.

Following
the
merger,
Profeeds
and
National
Foods
now
controlled
57
percent
of
the
stock
feed
market,
with
the
next
competitor
enjoying
just
11
percent
market
share.
Profeeds
had
also
seen
its
shops
grow
from
19
to
40.

“It
took
Innscor
more
than
three
years
and
nine
months
to
notify
the
CTC
of
the
merger
which
it
had
already
consummated.
This…
demonstrates
the
nature,
duration,
gravity
and
extent
of
the
contravention
of
the
law…
It
is
also
on
record
that
Innscor
has
contravened
competition
laws
before.
This
conviction
increases
to
three
Innscor’s
contraventions
of
competition
laws.
It
shows
its
persistence
in
disregarding
competition
laws…
It
is
this
court’s
view
that
the
monetary
penalty
(of
ZWL$40
million)
was
justifiable,”
the
Supreme
Court
ruled.

Getting The Most Value From Your Outside Counsel Hire – Above the Law

We
know
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Kathryn Rubino HeadshotKathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email

her

with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter

@Kathryn1
 or
Mastodon

@[email protected].