The U.S. Supreme Court has made several mistakes in its equality jurisprudence, mistakes which withdraw from Congress the constitutional power to enact legislation which might advance equality. These mistakes include allowing legislation to redress only wrongs which could be redressed through litigation, failing to distinguish between constitutional limitations on states and on the federal government, denying any difference between inclusive and exclusive legislative classifications, and insisting that congressional authority under §5 of the Fourteenth Amendment is remedial and not substantive.

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The inimitable Yogi Berra once advised, "When you come to a fork in the road, take it."' He presumably did not intend these wise words for first-year law students anticipating their first exam, but better advice is hard to imagine, as I'll explain.2 Long before you take that first exam, though, you need to prepare for it, so I'll describe some of the things you need to be thinking about as the semester progresses. I'll illustrate some of what I say with examples from Real Property, a first-year course I teach, but the advice is applicable to all of your first-semester courses and their essay exams. 3 Getting through law school is a matter of learning to "think like a lawyer," preparing early and well, outlining substantive law, practicing the application of law to facts, and keeping your wits about you at all times, but especially at exam time. It will quickly become evident that following this advice will require that you manage your time well, but presumably you knew before you started law school that time management would be key to success. I offer no shortcuts, indeed I reject a few. This essay is not about how to "play the game" or "beat the system." It's about taking