Document Type
Article
Publication Date
1-2005
Journal Title
William & Mary Bill of Rights Journal
ISSN
1065-8254
Abstract
This term the Supreme Court will confront the constitutionality of the Solomon Amendment, which mandates equal access for military recruiters at universities that accept federal funding. The Third Circuit previously held the statute unconstitutional. This Article argues that the Court should reverse and uphold the statute because the lower court failed to consider the cartelized nature of legal education and so assumed that law schools are "expressive associations" entitled to assert First Amendment claims; the court also failed to give proper deference to Congress's exercise of its Article I power to raise and support armies and over-valued law faculties' interest in career services offices.
First Page
415
Volume Number
14
Publisher
William & Mary Law School
Recommended Citation
Andrew P. Morriss,
The Market for Legal Education & Freedom of Association: Why the Solomon Amendment Is Constitutional and Law Schools are Not Expressive Associations,
14
Wm. & Mary Bill Rts. J.
415
(2005).
Available at:
https://scholarship.law.tamu.edu/facscholar/335