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The Promise And Precondition Of Educational Autonomy, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Part One of this Essay defends the Court's [Grutter] analysis. The thesis here is a simple one: Universities should have a zone of freedom in which to conduct their academic affairs because they are better at making choices about educational matters than are generalist courts. This is the position I took, both in the Sixth Circuit and in the Supreme Court, as the chief counsel to the amicus deans of many of the nation's leading private law schools in Grutter. Academic freedom has become something of a pariah concept; indeed, our amicus brief contained the only substantial discussion, let alone …