The Market for Legal Education and Freedom of Association: Why the u22Solomon Amendmentu22 Is Constitutional and Law Schools Are Not Expressive Associations

摘要

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 u22expressive associationsu22 entitled to assert First Amendment claims; the court also failed to give proper deference to Congressu27s exercise of its Article I power to raise and support armies and over-valued law facultiesu27 interest in career services offices.