Ave Maria Law School invokes ministerial exception inwrongfultermination suit

David Cruz dcruz at law.usc.edu
Tue Jun 30 22:55:45 PDT 2009


Writing only of Steve's Rumsfeld argument, the Court did there note  
that recruiters did not become a permanent part of a law school  
community.  That could distinguish a tenured or tenure-track faculty  
member (though I express no opinion herein about whether that  
distinction should lead to a different outcome).

David B. Cruz
Professor of Law
University of Southern California Gould School of Law
Los Angeles, CA 90089-0071
U.S.A.

On Jun 30, 2009, at 9:51 PM, "stevesan at umich.edu" <stevesan at umich.edu>  
wrote:

> Didn't the Court reject a similar sort of expressive association  
> argument in Rumsfeld v. FAIR, the military recruiters case?  I seem  
> to recall it said that an asserted right by a law school not to be  
> forced to associate with people or ideas it found disagreeable was  
> simply too attenuated from the primary purpose of the First  
> Amendment in the higher education context: to protect a robust  
> marketplace of ideas.
>
> Steve Sanders
>
> Sent via BlackBerry from T-Mobile
>
> -----Original Message-----
> From: Rick Duncan <nebraskalawprof at yahoo.com>
>
> Date: Tue, 30 Jun 2009 21:28:17
> To: Law & Religion issues for Law  
> Academics<religionlaw at lists.ucla.edu>
> Subject: Re: Ave Maria Law School invokes ministerial exception in  
> wrongful
>    termination suit
>
>
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