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ERIC Number: ED074927
Record Type: RIE
Publication Date: 1973-Jan-15
Pages: 16
Abstractor: N/A
Reference Count: 0
The Colleges and the Courts - A Peacetime Perspective.
O'Neil, Robert M.
This document presents a discussion and projections of future involvement of higher education in the courts. Seven major hypotheses are discussed in detail that will either dissuade or encourage academic court litigation. These are: (1) Colleges and universities will turn increasingly to the courts for protection against hostile external pressures and intruisons. (2) Historically excluded constituencies will increasingly seek the aid of courts to gain access to campus decisionmaking. (3) Criteria that restrict access to higher education will be increasingly challenged and will be sustained only to the extent they reflect valid educational interests. (4) The financial plight of higher education will increasingly invite litigation over the allocation of resources. (5) As state aid to independent colleges and universities increases, the constitutional distinction between public and private higher education will diminish. (6) The spread of faculty collective bargaining will reduce litigation by faculty but may increase litigation against faculty. (7) The high tangible and intangible costs of litigation will tend to deter resort to the courts by all parties, while the impact of each court decision will widen and the prospect of suit will accordingly shape conduct on the campus. (HS)
Publication Type: N/A
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: N/A
Note: Paper presented at the annual meeting of the Association of American Colleges (San Francisco, January 15, 1973)