Are universities above the law?

by Peter Berkowitz

Three lawsuits--against Dartmouth College and Duke and Princeton universities--may be the best things to happen to higher education in decades. The Dartmouth suit, though recently withdrawn, focused attention on the role of alumni in college affairs. The Duke case raises the question of the extent to which courts will require universities to observe their own rules and regulations. The Princeton case puts at issue the enforceability of restricted gifts. All three expose the often opaque governing structures under which colleges and universities operate and bring into focus the need for transparency and accountability in higher education.More than the scope of universities' legal responsibilities is at stake here. That's because upholding the rule of law on campus can contribute to the reform of university governance--and the reform of university governance is an indispensable precondition for the restoration of a liberal education -worthy of the name.

For more on this article, go to The Weekly Standard

Mike Nifong lives!

by Robert Shibley

As a Duke alumnus twice over (undergraduate and law), I watched with horror the events that unfolded in the infamous Duke Lacrosse/Mike Nifong case. While the prime "bad actors" in the case were clearly (now disbarred) former prosecutor Nifong and the false accuser, Crystal Mangum, Duke's disregard for and even attacks on its students' rights to due process in the case also gave me plenty of reasons to tell Duke that they won't be getting a donation from me next time they call. (Incidentally, just about every aspect of the case has been ably documented by Professor KC Johnson in both his Durham-in-Wonderland blog and his book with the National Journal's Stuart Taylor, Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case.)

One major upshot of the fiasco, however, would seem to be Duke students' increased awareness of the crucial importance of due process and fair procedure, both in the law and on campus. And unfortunately, it looks as though Duke has been headed in the wrong direction on these issues for a number of years. In a series of columns in Duke's Chronicle student newspaper last fall, student Elliott Wolf does yeoman's work in tracing the evolution (perhaps devolution would be a better word) of Duke's judicial code over the last decade or so. Amazingly, despite the fact that while I was at Duke, the student judicial board was widely considered a total joke and a kangaroo court, it turns out that I attended Duke during what was, comparatively speaking, a golden age of justice and fair procedures

To read more of Shibley's comments on due process at Duke University, go to The Tourch, the blog of the Foundation for Individual Rights in Education.