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Law Schools Sue Over Military Recruiting

Harvard Law School does not join suit, but Kagan criticizes military policy on gays

Now, every law school in the nation that receives federal funding of any kind—including Harvard, Boston University, BC, Yale, Columbia and New York University—has “permanently caved to military pressure,” the lawsuit reads in reference to the financial pressure the government imposes on the law schools.

The public plaintiffs in the suit include the newly begun FAIR, a New Jersey membership corporation, and the Society of American Law Teachers (SALT), a New York corporation of over 800 law professors which Dershowitz co-founded.

HLS student and president of HLS Lambda Amanda C. Goad said that Kagan has told her that the law school’s participation in military recruitment was not her decision.

Climenko Professor Charles J. Ogeltree, an outspoken opponent of the Solomon Amendment, said he felt Harvard’s choice not to be part of FAIR came from the University administration, not the law school.

Dershowitz said he heard about the lawsuit for the first time through the press.

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“We would never tolerate discrimination against Jews even if Congress told us to,” Dershowitz said.

“Why should we tolerate discrimination against gays because of financial extortion?” he said.

Goad, who said she knew about the lawsuit two weeks ago, said she feels betrayed because the law school hasn’t fought the government’s policy harder.

“Former Dean Clark and Dean Kagan express how much they disagree with this policy, but they are not stepping up to the plate when there is an opportunity,” Goad said. “It makes us feel like they don’t really care. It feels very painful as a student.”

—Staff writer Lauren A.E. Schuker can be reached at schuker@fas.harvard.edu.

—Andrew C. Esensten contributed to the reporting of this story.

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