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This careful reading of six legal cases in American higher education is an essential primer for understanding contemporary litigation.Winner of the Steven S. Goldberg Award for Distinguished Scholarship in Education Law of the Education Law AssociationAlthough 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.

Table of Contents

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  1. Cover
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  1. Title Page
  2. pp. i-iii
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  1. Copyright Page
  2. p. iv
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  1. Contents
  2. pp. v-vi
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  1. Preface
  2. pp. vii-xiv
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  1. Part I
  1. Chapter One. A Primer on Higher Education Law in the United States
  2. pp. 1-24
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  1. Chapter Two. A Brief History of Higher Education Litigation in the United States Supreme Court
  2. pp. 25-38
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  1. Chapter Three. Making It to the Supreme Court and the Rise of Purposive Organizations
  2. pp. 39-50
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  1. Part II
  1. Chapter Four. The Traditional Model of Higher Education in the Litigation Spotlight: United States v. Fordice
  2. pp. 51-73
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  1. Chapter Six. Abrams v. Baylor College of Medicine: Jews Need Not Apply
  2. pp. 91-97
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  1. Chapter Seven. Axson-Flynn v. Johnson: “Talk to Some Other Mormon Girls Who Are Good Mormons, Who Don’t Have a Problem with This”
  2. pp. 98-107
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  1. Chapter Eight. Location, Location, Location: Richards v. League of United Latin American Citizens and the Cartography of Colleges
  2. pp. 108-119
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  1. Chapter Nine. Clark v. Claremont University Center: “I Mean, Us White People Have Rights, Too”
  2. pp. 120-130
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  1. Chapter Ten. The Developing Law of Faculty Discontent: The Garcetti Effect
  2. pp. 131-136
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  1. Conclusion. My Friends, Special Programs, and Pipelines
  2. pp. 137-154
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  1. Appendix A. Annual Reviews of Higher Education Law
  2. pp. 155-157
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  1. Appendix B. United States v. Fordice, 505 U.S. 717 (1992) Case History
  2. pp. 158-160
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  1. Notes
  2. pp. 161-190
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  1. Bibliography
  2. pp. 191-210
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  1. Index
  2. pp. 211-221
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Additional Information

ISBN
9781421428239
Related ISBN(s)
9781421409221, 9781421409245
MARC Record
OCLC
966768093
Pages
240
Launched on MUSE
2017-01-01
Language
English
Open Access
Yes

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