Attitude over fortitude

Katherine Kersten takes a look at the decision of the University of Minnesota Law School to sign up with FAIR in support of the litigation against the Solomon Amendment — just in time to have its argument crushed by the Supreme Court: “Has U law school taken up a cause of shaky merit?”

The sole dissenter in the University of Minnesota Law faculty vote to join FAIR was our friend Professor Michael Paulsen, one of the preeminent constitutional law scholars of his generation. Kathy quotes him as well as third-year law student Bryan Freeman in her Star Tribune column today.

Like all but a few stand-alone law schools such as the William Mitchell College of Law in St. Paul (which has barred military recruiters and sacrificed its small federal funding), the University of Minnesota Law School is a proponent of the Yale Doctrine. It opposes “don’t ask, don’t tell,” but not sufficiently to put its federal funding at risk. Fortunately for them, as Kathy suggests in her conclusion, the military that protects the right of the law schools to expose their own foolishness exemplifies a sterner fortitude.


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