In re Doering

751 N.W.2d 123, 275 Neb. 1004 (2008)

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In re Doering

Nebraska Supreme Court
751 N.W.2d 123, 275 Neb. 1004 (2008)

Facts

David Doering (plaintiff) earned a law degree from Western State, a California law school not accredited by the American Bar Association (ABA). After graduating from law school, Doering passed the bar exam in Georgia and was admitted to practice law in Georgia. Doering worked as an attorney in good standing in Georgia before moving to Nebraska to be closer to Doering’s sick parents. Doering applied for admission to practice law in Nebraska without taking the Nebraska bar exam. The Nebraska State Bar Commission (the commission) (defendant) denied Doering’s application because Doering did not earn a law degree from an ABA-accredited law school. Doering appealed the commission’s decision, and a hearing was held. At the hearing, Doering submitted affidavits from an associate dean and law professor at Western State who testified that the Western State’s law-school program was substantially similar to ABA-accredited law schools. The commission denied Doering’s application again. Doering appealed. Among other things, Doering argued that if the court could waive licensing requirements for foreign-educated applicants, then the court must do so for applicants who received a law degree from a nonaccredited United States law school.

Rule of Law

Issue

Holding and Reasoning (Gerrard, J.)

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