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Harvard Law School and many of its peers require on-campus recruiters to pledge that they will not discriminate against gay applicants. But the military has refused to sign the pledge. A brief submitted to the high court in September by the former acting solicitor general, Walter E. Dellinger III, and 40 Harvard professors contends that the law schools’ policies don’t violate the Solomon Amendment’s “equal access” provision because all recruiters—not just the military—face the same nondiscrimination requirement...

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Harvard Profs’ Brief Could Still Sway Court | 12/8/2005 | See Source »

...government’s lawyer, Solicitor General Paul D. Clement, a 1992 Harvard Law graduate, retorted, “I don’t think there’s a difficult constitutional question to be avoided here...

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Harvard Profs’ Brief Could Still Sway Court | 12/8/2005 | See Source »

...think it’s most likely that Justice Breyer would raise the statutory argument in the justices’ conference,” Yale law professor Robert A. Burt wrote in an e-mail. “Breyer took the clearest initiative in raising it with the solicitor general...

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Harvard Profs’ Brief Could Still Sway Court | 12/8/2005 | See Source »

...your honor,” Rosenkranz replied, directly contradicting the Harvard professors’ brief.Before that dramatic moment three-quarters of the way through oral arguments, the justices appeared sympathetic to the statutory claim.Justice Antonin Scalia pounced on the government’s top attorney, Solicitor General Paul D. Clement, after Clement said that the military “simply asks for what other employers receive.”Scalia, a 1960 graduate of Harvard Law School, retorted: “But these institutions, I gather, would not allow other employers who have the same policy against the hiring...

Author: By Daniel J. Hemel, CRIMSON STAFF WRITER | Title: Court Seems Ready To Uphold Solomon Law | 12/7/2005 | See Source »

...deny “equal access” to military recruiters. FAIR is composed of 36 law schools and law faculties. Though HLS is not a member, Harvard has gone on record supporting FAIR’s arguments. Throughout the afternoon, most of the students were openly derisive toward Solicitor General Paul D. Clement, who represented the government, and the justices who appeared to side with him. When Justice Antonin Scalia first said “homosexual,” one student mocked Scalia, saying “‘Homosexuals,’ who I hate...

Author: By Paras D. Bhayani, CONTRIBUTING WRITER | Title: HLS Students Predict Loss for FAIR | 12/7/2005 | See Source »

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