Are universities above the law?

by Peter Berkowitz

Three lawsuits--against Dartmouth College and Duke and Princeton universities--may be the best things to happen to higher education in decades. The Dartmouth suit, though recently withdrawn, focused attention on the role of alumni in college affairs. The Duke case raises the question of the extent to which courts will require universities to observe their own rules and regulations. The Princeton case puts at issue the enforceability of restricted gifts. All three expose the often opaque governing structures under which colleges and universities operate and bring into focus the need for transparency and accountability in higher education.

More than the scope of universities' legal responsibilities is at stake here. That's because upholding the rule of law on campus can contribute to the reform of university governance--and the reform of university governance is an indispensable precondition for the restoration of a liberal education -worthy of the name.

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