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

46 Pages Posted: 11 Aug 2005

See all articles by Andrew P. Morriss

Andrew P. Morriss

Texas A&M School of Innovation; PERC - Property and Environment Research Center

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 Classification: K19

Suggested Citation

Morriss, Andrew P., The Market for Legal Education & Freedom of Association: Why the 'Solomon Amendment' is Constitutional and Law Schools Aren't Expressive Associations. William & Mary Bill of Rights Journal, Vol. 14, No. 2, 2005; Case Legal Studies Research Paper No. 05-20. Available at SSRN: https://ssrn.com/abstract=781229

Andrew P. Morriss (Contact Author)

Texas A&M School of Innovation ( email )

1249 TAMU / 645 Lamar St.
College Station, TX 77843
United States

PERC - Property and Environment Research Center ( email )

2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

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