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Abstract

The presumptive disqualification approach taken by the majority of jurisdictions in the United States has brought with it a more flexible method of assigning weight and significance to the prior unlawful conduct of bar applicants. This approach is advantageous to bar applicants because it allows applicants with records of prior unlawful conduct the chance to rebut the presumption by proving complete rehabilitation. However, many of the benefits of the flexible approach are undermined by the vagueness of the factors used by the presumptive disqualification approach in evaluating an applicant's character.

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