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FAIR argues that the Solomon Amendment violates law schools’ freedom of association by forcing them to cooperate with military recruiters. The coalition also argues law schools have a “right to be free from government-compelled speech,” and that they can?...

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Court Could Sidestep Constitutional Claims | 12/5/2005 | See Source »

But the justices could avoid the complicated First Amendment issues by deciding the case on other grounds, and tomorrow’s oral arguments could provide an indication as to whether the high court will sidestep FAIR’s controversial claims.

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Court Could Sidestep Constitutional Claims | 12/5/2005 | See Source »

The text of the Solomon Amendment requires schools to give recruiters access to students “at least equal in quality and scope to the access...that is provided to any other employer.” Since all employers must comply with the nondiscrimination requirement, Harvard and other law...

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Court Could Sidestep Constitutional Claims | 12/5/2005 | See Source »

But the Harvard professors’ brief could still sway the justices—even if FAIR doesn’t raise the point. The dean of George Mason University School of Law and a prominent Solomon Amendment supporter, Daniel D. Polsby, wrote in an e-mail, ?...

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Court Could Sidestep Constitutional Claims | 12/5/2005 | See Source »

Meanwhile, the government’s lawyers will contend that the Solomon Amendment is necessary “in order to recruit the most talented men and women into the armed services,” as they argued in a brief filed this past July.

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Court Could Sidestep Constitutional Claims | 12/5/2005 | See Source »

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