Award Date

1-1-2008

Degree Type

Dissertation

Degree Name

Doctor of Philosophy (PhD)

First Committee Member

Gerald C. Kops

Number of Pages

218

Abstract

Congress has the power under Article 1 of the United States Constitution to "raise and support armies" and deems military recruiting on college campuses necessary for military preparedness and providing for the national defense. The Solomon Amendment was passed in 1994 and conditions the receipt of federal funds on access to college and universities for the purpose of military recruiting. This condition of federal funds led several law schools and faculty to bring suit against the Secretary of Defense claiming the Solomon Amendment violated their First Amendment rights. This case was heard in December 2005 and was ruled upon in March 2006 with a unanimous decision from the Supreme Court of the United States in support of the government's position; The purpose of this study was to provide a historical case study, perform an analysis of the Rumsfeld decision on a micro and macro level and offer guidelines for college and university administrators in developing policies and procedures impacted by the Solomon Amendment. The historical case study provided the legislative and litigation history of the Solomon Amendment, from its enactment to appeal, to the Supreme Court, and its opinion; The micro legal analysis utilized the judicial decision-making template crafted by Judge Benjamin N. Cardozo in his text "The Nature of the Judicial Process." Cardozo advocates a method for addressing the judicial decision-making process that was applied to the opinion written by Chief Justice Roberts to determine whether the Chief Justice's decision making, in this case, conforms to the template proposed by Cardozo; The macro legal analysis utilized the lens provided by legal scholar Jeffrey Rosen to determine if the decision in Rumsfeld supported or refuted Rosen's theory of the Supreme Court. Jeffrey Rosen in his text "The Most Democratic Branch" presents a thesis regarding the role of the Supreme Court in our governance system and how the Supreme Court can maintain its independence; Analysis of the decision found that Chief Justice Roberts utilized the teachings and judicial decision-making template offered by Judge Benjamin Cardozo. The decision in Rumsfeld v. FAIR also supported the theory offered by Jeffrey Rosen. This study provided analysis of guidelines from the National Association of Law Placement (NALP) and the American Association of Collegiate Registrars and Admissions Officers (AACRAO). This study also provided guidelines for college and university administrators in developing policies and procedures impacted by the Solomon Amendment.

Keywords

Administration; Analysis; Fair; Higher Education; Implications; Law; Legal; Legal Research; Military Recruiting; Practical; Rumsfeld; Rumsfeld V. Fair; Solomon Amendment; Theoretical

Controlled Subject

Education, Higher; Law; School management and organization; Military art and science

File Format

pdf

File Size

5.33 MB

Degree Grantor

University of Nevada, Las Vegas

Language

English

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