Once upon a time, virtually no one in the academy thought to sue
over campus disputes, and, if they dared, judges bounced the case
on grounds that it was no business of the courts. Tenure decisions,
grading curves, course content, and committee assignments were the
stuff of faculty meetings, not lawsuits.
Not so today. As Amy Gajda shows in this witty yet troubling
book, litigation is now common on campus, and perhaps even more
commonly feared. Professors sue each other for defamation based on
assertions in research articles or tenure review letters; students
sue professors for breach of contract when an F prevents them from
graduating; professors threaten to sue students for unfairly
criticizing their teaching.
Gajda s lively account introduces the new duo driving the
changes: the litigious academic who sees academic prerogative as a
matter of legal entitlement and the skeptical judge who is
increasingly willing to set aside decades of academic deference to
pronounce campus rights and responsibilities.
This turn to the courts is changing campus life, eroding
traditional notions of academic autonomy and confidentiality, and
encouraging courts to micromanage course content, admissions
standards, exam policies, graduation requirements, and peer
review.
This book explores the origins and causes of the litigation
trend, its implications for academic freedom, and what lawyers,
judges, and academics themselves can do to limit the potential
damage.
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