The Market for Legal Education & Freedom of Association: Why the "Solomon Amendment" Is Constitutional and Law Schools Are Not Expressive Associations

Morriss, Andrew P., The William and Mary Bill of Rights Journal

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 …

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Publication information: Article title: The Market for Legal Education & Freedom of Association: Why the "Solomon Amendment" Is Constitutional and Law Schools Are Not Expressive Associations. Contributors: Morriss, Andrew P. - Author. Journal title: The William and Mary Bill of Rights Journal. Volume: 14. Issue: 2 Publication date: December 2005. Page number: 415+. © Not available. Provided by ProQuest LLC. All Rights Reserved.

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