Organizing to Oppose Military Recruiters on Campus

[Sanford Levinson]

I believe that Solicitor General's comment simply underscores the
vaculity of "equality" language with regard to the access of the
military.  Unless the law school editorializes about every potential
employer about whom the Dean or faculty has qualms--"Caution:  Working
for a law firm that defends tobacco companies may be injurious to your
soul"; "It's easier for a camel to pass through the eye of a needle than
for a taxlawyer who sets up tax shelters for the rich to get into
heaven," etc.--the terms of access scarcely seem "equal."  (What if the
law schools systematically assigned the military recruiters rooms on the
top floor (without elevator access) that are cramped?  Surely this
didn't count as "equality" with regard to school desegregation.  I.e.,
simple access to the building didn't comprise sufficient "equality" if
the rooms to which students were assigned were manifestly unequal.)  

Again, let me underscore my point that I don't think that there is one
true notion of equality.  This is precisely what makes "equality"
debates so acrimonious, that each side in the debate can legitimately
believe that its particular theory is in fact thoroughly defensible as a
notion of equality.  The problem arises when they refuse to credit that
that is also true of their adversaries' theories.  

sandy 



-----Original Message-----
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Scott Gerber
Sent: Wednesday, December 07, 2005 10:55 AM
To: doughr at udallas.edu
Cc: ConLaw Prof
Subject: Re: Organizing to Oppose Military Recruiters on Campus

I have a lingering reaction to both the posts about the SA and whether
employees have some sort of constitutional right to tell jokes about
people that offend people.  With regard to the SA, I'm opposed to
discrimination, but I've never been comfortable with law schools,
colleges, the AALS, etc. endeavoring to promote political agendas (of
the Left or Right).  With respect to telling offensive jokes, it seems
to me that employees should spend their working day working, rather than
goofing off by telling jokes that offend people.

Granted, there isn't much con law in my reaction, but sometimes common
sense is in order (or so my grandfather always said).

SDG


Richard Dougherty wrote:


>I think that Mark is right on this -- at least many Justices were not
buying Clement's argument, leading Scalia to (rhetorically) ask him
whether he was going to be a military recruiter.  If my hearing was
right, Kennedy thought it a peculiar argument, and I think Stevens
questioned how this could be described as equal access, leading Scalia
to comment that it was sort of "separate but equal" treatment.
>
>Richard Dougherty
>
>---------- Original Message ----------------------------------
>From: Mark Tushnet <tushnet at law.georgetown.edu>
>Date:  Wed, 07 Dec 2005 08:42:58 -0500
>
>>I found the exchange interesting as well.  Of course, one might take
the 
>>position that a law school that organizes/assists protests against 
>>military recruiters isn't providing those recruiters with access equal

>>to that given other recruiters, against whom no protests are organized

>>(at least on the assumption that someone might want to protest the 
>>presence of some such recruiters).
>>
>>dpinello at jjay.cuny.edu wrote:
>>
>>>In today's New York Times, Linda Greenhouse reports that the Supreme 
>>>Court is likely to uphold the Solomon Amendment.  However, she 
>>>relates an interesting exchange from oral argument:
>>>
>>>"Asked by Justice Ruth Bader Ginsburg what a ... school 'could do 
>>>concretely while the [military] recruiter is in the room,' [Solicitor

>>>General Paul D.] Clement replied that as long as the school granted 
>>>equal access, 'They could put signs on the bulletin board next to the

>>>door.  They could engage in speech.  They could help organize student

>>>protests.'"
>>>
>>>I plan to rely on this representation to the Supreme Court by the 
>>>chief legal advocate for the Solomon Amendment.  As a member of my 
>>>school's Committee on Cultural Pluralism and Diversity, I will help 
>>>organize protests every time military recruiters set foot on campus.
>>>
>>>I urge all of you also to follow the Solicitor General's lead.
>>>
>>>Dan Pinello
>>>_______________________________________________
>>>To post, send message to Conlawprof at lists.ucla.edu To subscribe, 
>>>unsubscribe, change options, or get password, see
http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof
>>>
>>>Please note that messages sent to this large list cannot be viewed as
private.  Anyone can subscribe to the list and read messages that are
posted; people can read the Web archives; and list members can (rightly
or wrongly) forward the messages to others.
>>>  
>>>
>>
>>_______________________________________________
>>To post, send message to Conlawprof at lists.ucla.edu To subscribe, 
>>unsubscribe, change options, or get password, see
http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof
>>
>>Please note that messages sent to this large list cannot be viewed as
private.  Anyone can subscribe to the list and read messages that are
posted; people can read the Web archives; and list members can (rightly
or wrongly) forward the messages to others.
>>
>_______________________________________________
>To post, send message to Conlawprof at lists.ucla.edu To subscribe, 
>unsubscribe, change options, or get password, see
http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof
>
>Please note that messages sent to this large list cannot be viewed as
private.  Anyone can subscribe to the list and read messages that are
posted; people can read the Web archives; and list members can (rightly
or wrongly) forward the messages to others.
>

--------------------------------------

Scott Gerber
Law College
Ohio Northern University
Ada, OH 45810
419-772-2219
http://www.law.onu.edu/faculty/gerber/
_______________________________________________
To post, send message to Conlawprof at lists.ucla.edu To subscribe,
unsubscribe, change options, or get password, see
http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof

Please note that messages sent to this large list cannot be viewed as
private.  Anyone can subscribe to the list and read messages that are
posted; people can read the Web archives; and list members can (rightly
or wrongly) forward the messages to others.