Classic Case of Being Too Smart by Half

U. Penn: U. Penn law professors may abandon lawsuit

PHILADELPHIA -- With the University of Pennsylvania facing the loss of as much as $500 million in federal funding, Penn Law professors say they may abandon a case they filed against the Department of Defense.

They originally filed the complaint, Burbank v. Rumsfeld, to protest a law requiring the school to admit military recruiters to campus.

Penn Law professor Stephen Burbank, the primary plaintiff in the case, said that while the point being argued by Law faculty is a reasonable one, the faculty must decide whether it is feasible and affordable for the University to continue its litigation.

An informational forum was held yesterday in Silverman Hall to discuss the consequences of Rumsfeld v. FAIR, specifically for Penn Law's own litigation.

Penn Law professor David Rudovsky -- one of the main lawyers in Burbank v. Rumsfeld -- said the FAIR decision was "a perfect storm against us," with the Supreme Court voting more conservatively than usual. Burbank added that the wording of the Supreme Court decision may make it harder for Penn Law to argue that it already treats military recruiters fairly.

Other university law schools have filed suits similar to Penn's. Yale Law School faculty are embroiled in litigation of their own after being threatened with $300 million in fines.

The conclusion?

When preparing for a law career, study well. You might need to know more and be more clever than your law prof. Or, at least, know when you have a good case and not one based on ideology and politics.