studying4bar wrote:b290 wrote:Just a reminder - some changes as to what’s allowed:
- Watches are no longer permitted
- Highlighters are also forbidden (I think they haven’t allowed those for years now)
Everything else from July remains the same, or should make sense.
I was just talking with someone who was taking the exam, the convo made be look up the policy again to be safe. Ended up bringing an analog watch for nothing. Don’t be me
no highlighters, only old school pencils, and only blue OR black ink pens and only on day 1...I wasn't planning on my bar exam being artistic but think they are a tiny bit overzealous.... Are we allowed pencil sharpeners, anyone know? An older friend of mine said they weren't allowed but I do not see them prohibited...although of course under the permitted items it says: **ALL OTHER ITEMS ARE PROHIBITED – PROHIBITED ITEMS WILL BE CONFISCATED** and yet then goes on to specifically enumerate prohibited items.
Is this a BS pre-test sort of thing analogous to con law? "In light of the fact that permitted and prohibited items are specifically enumerated, despite providing notice that all other items are prohibited, the limiting, enumerated language suggests a level of sovereignty reserved to the examinees and such notice is void for vagueness and furthermore, when viewed either subjectively or objectively under the totality of the circumstances, a reasonably prudent bar examinee and/or reasonably prudent person can rationally infer from the language of the regulation and context in which it is being implemented would allow for a quiet hand-held pencil sharpener when 50% or 1 day of the exam required for licensure only allows pencils."
^PS, how was that for BSing an answer?
Well done for BSing Here’s a counter-answer:
It wouldn’t be void for vagueness. While a reg/law can be struck down due being overbroad (because it would not let someone know what’s illegal conduct), the prohibition in all caps, due to its placement, and wording, serves as notice as to what’s prohibited. That the BOLE provides later examples doesn’t negate the blanket prohibition. Both the reasonable person, and the applicant, would be able to discern what wouldn’t be allowed. Consequently, it’s fine.
I can’t wait to be done with this
I agree with you, their regs can seem asinine but remember, you’ve got to consider whom the BOLE’s dealing with - bar applicants (aka the most sue-happy group in the country). As for sharpeners, I brought my own, but the site had its own as is, so you didn’t need to. I don’t see that changing.