Military Recruiting on College Campuses: Legal, Theoretical and Practical Implications of Rumsfeld v. Fair

By Daryl R. Privott | Go to book overview

CHAPTER III
Halt

LITIGATION HISTORY

District Court

On Friday, September 19, 2003 the Forum for Academic and Institutional Rights, Inc. (FAIR) with other Plaintiffs filed a civil action in the United States District Court, District of New Jersey against Defendants Donald H. Rumsfeld in his capacity as U.S. Secretary of Defense, et al.114 FAIR sought a temporary restraining order (TRO) and preliminary injunction enjoining enforcement of the Solomon Amendment.115 In their complaint FAIR contended the Solomon Amendment interfered with the “freedom of educational institutions…. to shape their own pedagogical environments.”116 FAIR argued the government was interfering with the law schools ability to have an “open environment of equality, mutual respect and dignity.”117 This contention was based on FAIR’s assumption that the Solomon Amendment required law schools to “propagate a message they abhor” that was in direct conflict with the non-discrimination policies of the law schools.118 The message of the Solomon Amendment, they alleged, was one of “invidious discrimination” and was a “moral wrong.”119

114 Ibid

115 Ibid

116 Ibid., Second Am. Compl., 2.

117 Ibid., 4.

118 Ibid., 2.

119 Ibid., 3.

-31-

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Military Recruiting on College Campuses: Legal, Theoretical and Practical Implications of Rumsfeld v. Fair
Table of contents

Table of contents

  • Title Page iii
  • Table of Contents v
  • Acknowledgements vi
  • Chapter I- Fall in 1
  • Chapter II- Attention 11
  • Chapter III- Halt 31
  • Chapter IV- Ranks 51
  • Chapter V- Present Arms 111
  • Chapter VI- Eyes Front 125
  • Chapter VII- Fall out 131
  • Chapter VIII- Dismiss 149
  • Table of Authorities 159
  • References 161
  • Index 173
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