Yale Law Sues Uncle Sam (bushgang messing with universities)

[donsu]

http://hartfordadvocate.com/gbase/News/content?oid=oid:74996

Hello, Yale Law School? This is the Department of Defense. You won't let our military recruiters interview your students, like law firms do during career recruitment events. Kindly let our people into your events, or we'll withhold $300 million in funding from the entire university. You say we discriminate against gays and lesbians? Doesn't matter.

That exchange actually took place.

-snip-

To participate in events run by the school's Career Development Office -- like interview sessions -- law firms must certify that they do not discriminate based on race, religion, or sexual orientation, among other characteristics. Since the military does dismiss people for being openly gay, Yale Law School had in recent years denied military recruiters from its official sessions.

-snip-

But in 2000, the Defense Department decided that it would deny funds to the entire university if only one of its departments denied access to military recruiters, the students' legal complaint says. The DOD didn't decide to play hardball until December 2001, and faced with jeopardizing $300 million for the university, the law school eventually relented.

-snip-

"American universities would face grave consequences if the government were permitted to use its funding in the way it has here," the brief says. "In 2002, the federal government provided approximately $87 billion in funding to universities and colleges across the country. It is not difficult to imagine that members of the faculties at these institutions often take positions in conflict with official government policy.

"Under the government's view of the First Amendment in this case," the brief continues, "it would be constitutionally permissible for the government to withdraw all federal funds to a university unless a particular faculty member or group of professors agreed to cease communicating a message that the government disliked. Such governmental power over university faculties would have far-reaching and devastating consequences for research and education."
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bushgang MO: bully, bribe, blackmail, threaten and if all else fails, murder

bushgang theme song: suck, suck, suck that money down

[2Design]

1. and this strong arm handling is what they are doing to senators

citizens and others...this is why everyone rolls over for bush....it is the mafia...diguised as government....

[Baltimoreboy]

2. Title IX etc.

Schools encountered the same situation for Title IX and I don't see anyone complaining about that.

It seems hypocritical to turn around and complain about this.

[donsu]

3. what are you talking about?

nt

[Baltimoreboy]

4. Schools that don't obey Title IX lose funding

It is the government mandating a rule and threatening to take away federal funding.

In other words, the same thing.

[kiahzero]

5. Right, but the rule in question there was the Constitution

So it's just a tiny bit different. The government should not be able to fund organizations which violate basic premises of the Constitution, such as equal protection.

[Baltimoreboy]

6. So what about that provide for the common defense phrase?

[kiahzero]

7. What the hell are you talking about?

If you've got an argument to make, make it.

[Baltimoreboy]

8. You made the argument that Title IX was enforcing the Constitution

However part of the Constitution also says that it is the government's obligation to "provide for the common defense." The military is how they do that. The law school is entirely within their rights hindering recruitment activity on their campus. The government is entirely within their right responding by limiting federal funds in response.

[kiahzero]

9. Not quite

The military does not need to recruit from universities to provide for the common defense.

[Baltimoreboy]

10. According to?

What? The military is trying to:

A) Get a more equitable military -- one not just drawn from the poor
B) Recruit better educated people to handle a more complex military.

[kiahzero]

11. Neither of which is required to provide for the common defense

Providing federal funding for an institution which simply does not allow military recruiters to come during what appears to be a career fair does not interfere with the federal government's obligation to provide for the common defense.

This is opposed to Title IX, where providing federal funding for an institution that discriminates clearly violates the federal government's obligation to treat all classes of citizens equally.

[Baltimoreboy]

12. Only by your definition

To defend the nation they certainly need a workforce up to the task.

If they can't find that workforce, then the law school's actions are hindering that ability.

It's up to the school. No one is making them let the military in for career fairs. No one is making them take that federal funding either.