Preface
Part I
1. A Primer on Higher Education Law in the United States
2. A Brief History of Higher Education Litigation in the United States Supreme Court
3. Making It to the Supreme Court and the Rise of Purposive Organizations
Part II
4. The Traditional Model of Higher Education in the Litigation Spotlight: United States v. Fordice
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""
6. Abrams v. Baylor College of Medicine: Jews Need Not Apply
7. 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 Colleges
9. Clark v. Claremont University Center: ""I Mean, Us White People HaveRights, Too""
9. The Developing Law of Faculty Discontent: The Garcetti Effect
Conclusion: My Friends, Special Programs, and Pipelines
Appendix A: Annual Reviews of Higher Education Law
Appendix B: United States v. Fordice, 505 U.S. 717 (1992) Case History
Notes
Bibliography
Index
Higher education has become increasingly embroiled in legislation, regulation, and litigation. Although much has been written about Supreme Court decisions involving higher education, little has been said about the foundational college case law and litigation patterns emerging in the lower courts. From faculty and student freedom of speech to race or religion-based admissions policies, campuses have become testing grounds for a host of constitutional challenges. Suing Alma Mater describes the key issues and processes at play in higher education law.Eminent legal scholar Michael A. Olivas considers the history of litigation in the latter half of the twentieth century and the rise of 'purposive organizations'the American Civil Liberties Union and the Alliance Defense Fundthat exist to advance litigation. He gives a comprehensive and thorough review of more than 120 college cases brought before the U.S. Supreme Court in the last 50 years. Olivas then dives deeply into six cases that did not go to the Supreme Court and offers a clear-eyed perspective of the legal issues facing higher education today.