Suing Alma Mater

Higher Education and the Courts

Inbunden, Engelska, 2013

AvMichael A. Olivas,University of Houston Law Center) Olivas, Michael A. (William B. Bates Distinguished Chair in Law,Michael A Olivas

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Although much has been written about U.S. Supreme Court decisions involving higher education, little has been said about the foundational case law and litigation patterns emerging from the lower courts. As universities become increasingly legislated, regulated, and litigious, campuses have become testing grounds for a host of constitutional challenges. From faculty and student free speech to race- or religion-based admissions policies, Suing Alma Mater describes the key issues at play in higher education law. Eminent legal scholar Michael A. Olivas considers higher education litigation in the latter half of the twentieth century and the rise of "purposive organizations," like the American Civil Liberties Union and the Alliance Defense Fund (now known as the Alliance Defending Freedom), that exist to advance litigation. He reviews more than 120 college cases brought before the Supreme Court in the past fifty years and then discusses six key cases in depth. Suing Alma Mater provides a clear-eyed perspective on the legal issues facing higher education today.

Produktinformation

Utgivningsdatum2013-08-26
Mått152 x 229 x 21 mm
Vikt454 g
FormatInbunden
SpråkEngelska
Antal sidor240
FörlagJohns Hopkins University Press
ISBN9781421409221
UtmärkelserWinner of Steven S. Goldberg Award for Distinguished Scholarship in Education Law 2015 (United States)

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PrefacePart I1. A Primer on Higher Education Law in the United States2. A Brief History of Higher Education Litigation in the United States Supreme Court3. Making It to the Supreme Court and the Rise of Purposive OrganizationsPart II4. The Traditional Model of Higher Education in the Litigation Spotlight: United States v. Fordice5. Hopwood v. Texas: "A University May Properly Favor One Applicant Over Another Because of His Ability to Play the Cello, Make a Downfield Tackle, or Understand Chaos Theory"6. Abrams v. Baylor College of Medicine: Jews Need Not Apply7. Axson-Flynn v. Johnson: "Talk to Some Other Mormon Girls Who Are GoodMormons, Who Don't Have a Problem with This"8. Location, Location, Location: Richards v. League of United Latin AmericanCitizens and the Cartography of Colleges9. Clark v. Claremont University Center: "I Mean, Us White People HaveRights, Too"9. The Developing Law of Faculty Discontent: The Garcetti EffectConclusion: My Friends, Special Programs, and PipelinesAppendix A: Annual Reviews of Higher Education LawAppendix B: United States v. Fordice, 505 U.S. 717 (1992) Case HistoryNotesBibliographyIndex

[Olivas's] treatment of this complex subject is well done and easy to follow. Choice Olivas resoundingly justifies why more scholars should recognize the political and sociological factors influencing courts today and vice versa. This book successfully chronicles some of the constitutional hallmarks within higher education during the past half century and justifies a broader examination among legal scholars for the future, as issues related to intellectual property, commercialization in athletics, and others predictably will reach this nation's highest court. -- Joy Blanchard Review of Higher Education This book successfully chronicles some of the constitutional hallmarks within higher education during the past half century and justifies a broader examination among legal scholars for the future. -- Joy Blanchard Review of Higher Education This volume is an excellent introduction to areas of discrimination law that affect postsecondary education. It would be useful for law collections with both extensive and limited holdings in education or discrimination law and those that support graduate programs in educational administration. -- Kathleen A. McLeod Law Library Journal