to 1870, when it was passed by the Wisconsin State Legislature in the same legislation that established the University of Wisconsin Law School. At that time a law department was established in the State University and a course of study under able instructors was prescribed for students in the law department. The 1870 law provided that graduates of this department should be entitled to admission to the bar upon their certificate of graduation—that is, their law degree. It was offered to encourage future lawyers to get a formal legal education instead of simply "reading law," which was the typical legal training of the time. Graduates of out-of-state law schools, even if they are Wisconsin residents, must still take the Wisconsin bar exam to be admitted in Wisconsin. Likewise, graduates of Wisconsin law schools must take the bar exam in many other states in which they are going to practice. A number of U.S. states do not grant reciprocal admission for attorneys who obtained their bar admission through the diploma privilege, requiring those attorneys to take that state's bar exam, regardless of the length of that attorney's practice. The policy reasoning behind diploma privilege is to incentivize Wisconsin residents to attend in-state law schools and to keep Wisconsin residents working in-state. Another policy consideration is preventing "brain drain" in Wisconsin. This theory holds that without the diploma privilege, the smartest from the state will leave Wisconsin for their education or for their career, specifically to nearby Chicago (the Iowa Bar Association cited similar territorial concerns). Another advantage is that state of Wisconsin subsidizes in-state resident tuition for law students, and therefore incentivizes them to stay to retain the state's educational investment. It is also claimed that the diploma privilege helps keep youth in Wisconsin. In Wiesmueller v. Kosobucki, a class action lawsuit certified in the United States District Court for the Western District of Wisconsin in June 2008, the petitioners asserted that the state's policy discriminates against interstate commerce in violation of the Commerce Clause because it affords a diploma privilege in lieu of a bar examination only to lawyers graduating from Wisconsin's law schools. The suit sought injunctive relief to expand the privilege to all applicants to the Wisconsin Bar who obtain a J.D. from any law school accredited by the American Bar Association. The district court subsequently dismissed the case for failure to state a cause of action. On