From the medieval period onward, universities have enjoyed some degree of independence from the state. Focusing on the U.S. example, this course examines, on the one hand, the ways in which universities' mechanisms of self-governance form a kind of constitutionalism. It looks, on the other hand, at how the U.S. Constitution protects as well as impinges on the relative autonomy of universities. Topics to be covered include: the relationship between academic freedom and free speech; unconstitutional conditions on grants to universities; university governance and theories of separation of powers; sex, gender, and race in admissions and beyond; due process rights in the university context; and the boundaries of and limits on universities' interventions in politics. Special Instructions: Students have the option to write a long research paper in lieu of the final exam with consent of the instructor. After the term begins, students can transfer from section (LAW 01) into section (LAW 02), which meets the R requirement, with consent of the instructor. Students taking the course for R credit can take the course for either 2 or 3 units, depending on the paper length. Elements used in grading: Attendance, class participation, written assignments or final research paper.
2-3 units · Law Honors/Pass/Restrd Cr/Fail
From the medieval period onward, universities have enjoyed some degree of independence from the state. Focusing on the U.S. example, this course examines, on the one hand, the ways in which universities' mechanisms of self-governance form a kind of constitutionalism. It looks, on the other hand, at how the U.S. Constitution protects as well as impinges on the relative autonomy of universities. Topics to be covered include: the relationship between academic freedom and free speech; unconstitutional conditions on grants to universities; university governance and theories of separation of powers; sex, gender, and race in admissions and beyond; due process rights in the university context; and the boundaries of and limits on universities' interventions in politics. Special Instructions: Students have the option to write a long research paper in lieu of the final exam with consent of the instructor. After the term begins, students can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Students taking the course for R credit can take the course for either 2 or 3 units, depending on the paper length. Elements used in grading: Attendance, class participation, written assignments or final research paper.
Offered in Winter 2026 at Stanford University.