Suing Alma Mater: Higher Education and the Courts

Suing Alma Mater: Higher Education and the Courts

by Michael A. Olivas

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Overview

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.

Product Details

ISBN-13: 9781421409238
Publisher: Johns Hopkins University Press
Publication date: 07/01/2013
Edition description: New Edition
Pages: 240
Product dimensions: 5.90(w) x 8.90(h) x 0.70(d)
Age Range: 18 Years

About the Author

Michael A. Olivas is the William B. Bates Distinguished Chair of Law at the University of Houston Law Center and director of the Institute for Higher Education Law and Governance.

Table of Contents

Preface vii

Part I

1 A Primer on Higher Education Law in the United States 3

2 A Brief History of Higher Education Litigation in the United States Supreme Court 25

3 Making It to the Supreme Court and the Rise of Purposive Organizations 39

Part II

4 The Traditional Model of Higher Education in the Litigation Spotlight: United States v. Fordice 53

5 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" 74

6 Abrams v. Baylor College of Medicine: Jews Need Not Apply 91

7 Axson-Flynn v. Johnson: "Talk to Some Other Mormon Girls Who Are Good Mormons, Who Don't Have a Problem with This" 98

8 Location, Location, Location: Richards v. League of United Latin American Citizens and the Cartography of Colleges 108

9 Clark v. Claremont University Center: "I Mean, Us White People Have Rights, Too" 120

10 The Developing Law of Faculty Discontent: The Garcetti Effect 131

Conclusion. My Friends, Special Programs, and Pipelines 137

Appendix A Annual Reviews of Higher Education Law 155

Appendix B United States v. Fordice, 505 U.S. 717 (1992) Case History 158

Notes 161

Bibliography 191

Index 211

What People are Saying About This

"This is an extremely significant book. It is clearly written and reflects Olivas’s extensive experience and broad expertise, especially his uncommonly perceptive view of an increasingly litigious campus environment."

Robert O'Neil

"This is an extremely significant book. It is clearly written and reflects Olivas’s extensive experience and broad expertise, especially his uncommonly perceptive view of an increasingly litigious campus environment."

Customer Reviews