The Market for Legal Education & Freedom of Association: Why the 'Solomon Amendment' Is Constitutional and Law Schools Aren't Expressive Associations

Abstract:     
This Term the Supreme Court will confront the constitutionality of the Solomon Amendment, which mandates equal access for military recruiters at universities which 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 incorrectly assumed that law schools are "expressive associations" entitled to assert First Amendment claims, 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.

Keywords: Solomon Amendment, Military Recruiters, Federal Funding, expressive associations, First Amendment, Article I, to Raise and Support Armies, United States Constitution, Forum for Academic and Institutional Rights, Inc. v. Rumsfeld, 125 S.Ct. 1977 (2005)

JEL Classifications: K19

Accepted Paper Series