The Law Office of Daniel A. Horwitz, Esq.

August 4, 2017

Horwitz Secures Foreign Vanderbilt Law School Graduate’s Right to Take the Tennessee Bar Exam; Wins Tennessee Supreme Court Case Against Tennessee Board of Law Examiners

Represented by attorney Daniel Horwitz, Tennessee bar applicant Maximiliano Gluzman–the “obviously very, very qualified” Vanderbilt Law School graduate who was denied the opportunity even to take the Tennessee Bar Exam–has officially won his case before the Tennessee Supreme Court.  Based on the Court’s order approving his petition, Mr. Gluzman will be able to take the upcoming bar exam scheduled for February 2018.

“We conclude that the requirements of section 7.01 should not be applied to preclude Mr. Gluzman from taking the Tennessee bar examination,” the Court held in a per curiam order.  “As a result, the BLE may not hereafter rely upon section 7.01 of Rule 7 as a basis to deny Mr. Gluzman permission to take the Tennessee bar examination.”  The Court’s order is available here.

“We are ecstatic that the Tennessee Supreme Court has vindicated Mr. Gluzman’s claim that he was wrongfully denied the opportunity to take the Tennessee Bar Exam,” said Daniel Horwitz, Mr. Gluzman’s attorney.  “Mr. Gluzman is as qualified to practice law as any attorney in Tennessee, and he will be a tremendous asset to the legal profession.  Justice was served today.”

The briefing in Gluzman v. BLE featured the participation of three leading national conservative groups, which argued that the Board’s crippling regulations violated Mr. Gluzman’s fundamental right to earn a living free from irrational government overreach.  Tennessee’s two flagship law schools—Vanderbilt Law School and the University of Tennessee College of Law—also filed petitions in the case after seeing students disenroll from their law programs once the Board began implementing its protectionist regulations.  All parties’ briefs from the case are available below.

Petitioner Maximilano Gluzman’s Principal Brief

Brief of Respondent the Tennessee Board of Law Examiners

Petitioner Maximiliano Gluzman’s Reply Brief

Brief of Amici Curiae The Beacon Center, Cato Institute, and Goldwater Institute

Petition of Vanderbilt Law School and University of Tennessee College of Law

Selected news coverage about the ruling is available at the following links:

-Nashville Post: Supreme Court rules Argentine can take Tennessee Bar

-Bloomberg: Argentine LL.M. With 3.9 GPA Wins Bid to Take Tenn. Bar Exam

 Selected news coverage about the case is available at the following links:

-Nashville Post: Argentine lawyer challenging Tennessee Board of Law Examiners

-Nashville Post: National conservative groups join local bar fight

-Above the Law: State Bars Foreign Student From Bar Exam — Next Stop, State Supreme Court

-ABA Journal: Vanderbilt law prof who taught Argentine LLM student backs his bid to take the bar exam

-The Tennessean: How Tennessee discriminated against a talented Vanderbilt law grad

-Cato At Liberty Blog: Even Lawyers Have the Right to Earn an Honest Living

-Beacon Center Blog: Banned From the Bar Exam

Posted in: In the News
August 3, 2017

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2016-attorney4justice_finalDaniel A. Horwitz is a constitutional lawyer practicing in Nashville, Tennessee. He is admitted to practice law in every court in Tennessee as well as the U.S. Court of Appeals for the Fifth, Sixth, Seventh and Eleventh Circuits.  Horwitz’s award-winning legal scholarship has appeared in numerous law reviews including the Harvard Latino Law Review, the University of Memphis Law Review, the Tennessee Journal of Law and Policy, the SMU Science and Technology Law Review, and the Nashville Bar Journal.  His work has also been cited in several other legal and popular publications including the Washington Post, NPR, the Associated Press, the American Bar Association Journal, Forbes, the Nashville Business Journal, The Tennessean, The Commercial Appeal, The Nashville Scene, Slate, and in multiple pleadings filed before the U.S. Supreme Court.  Horwitz is also a sitting member of the Tennessee Advisory Committee to the U.S. Commission on Civil Rights.

Horwitz’s law practice consists primarily of criminal and civil appeals, constitutional litigation, amicus curiae representation, criminal record expungement, and representing victims of crime.  He is also an active member of numerous community organizations in Nashville and serves on the Amicus Curiae Committee of the Tennessee Association of Criminal Defense Lawyers (TACDL), which regularly handles appeals before the Tennessee Supreme Court on behalf of TACDL’s membership.

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