Courtrooms and Classrooms: A Legal History of College Access, 1860?1960
264
Courtrooms and Classrooms: A Legal History of College Access, 1860?1960
264Hardcover(New Edition)
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Overview
Conventional wisdom holds that American courts historically deferred to institutions of higher learning in most matters involving student conduct and access. Historian Scott M. Gelber upends this theory, arguing that colleges and universities never really enjoyed an overriding judicial privilege.
Focusing on admissions, expulsion, and tuition litigation, Courtrooms and Classrooms reveals that judicial scrutiny of college access was especially robust during the nineteenth century, when colleges struggled to differentiate themselves from common schools that were expected to educate virtually all students. During the early twentieth century, judges deferred more consistently to academia as college enrollment surged, faculty engaged more closely with the state, and legal scholars promoted widespread respect for administrative expertise. Beginning in the 1930s, civil rights activism encouraged courts to examine college access policies with renewed vigor.
Gelber explores how external phenomena—especially institutional status and political movements—influenced the shifting jurisprudence of higher education over time. He also chronicles the impact of litigation on college access policies, including the rise of selectivity and institutional differentiation, the decline of de jure segregation, the spread of contractual understandings of enrollment, and the triumph of vocational emphases.
Product Details
| ISBN-13: | 9781421418841 |
|---|---|
| Publisher: | Johns Hopkins University Press |
| Publication date: | 02/29/2016 |
| Edition description: | New Edition |
| Pages: | 264 |
| Product dimensions: | 6.20(w) x 9.10(h) x 1.00(d) |
| Age Range: | 18 Years |
About the Author
Table of Contents
Acknowledgments vii
Introduction 1
1 Common Schools 16
2 Admissions 38
3 Desegregation 62
4 Expulsion 82
5 Tuition 111
6 Child Support 134
Conclusion 153
Appendixes
A College Access Litigation, 1860-1960 167
B Common School Citations in College Admissions and Expulsion Cases, 1860-1960 171
C Child Support Cases Involving College Expenses, 1920-70 174
Notes 177
Index 241
What People are Saying About This
Run, don't walk, to read Scott Gelber's book. He writes very well and is a careful and conscientious scholar. This is an interesting—often fascinating—tale that contains ample textual support.
"Scott Gelber’s new book provides a fresh analysis to confirm that history does matter when it comes to understanding higher education. Nowhere is this more so than in the complex story of classrooms and courtrooms.The issues and arguments—and decisions—on college access in the century from 1860 to 1960 have some surprising rootsand remain central to the drama of who goes to college—and where—in American history. Here is yet another excellent scholarly work from an outstanding historian of higher education."
"Scott Gelber reminds us that the American system of higher education, which took the world by storm in the 20th century, came from humble roots in the previous century, when a college was like the neighborhood schoolhouse and courts were willing to guarantee students access to what was considered merely a public utility."
A stunningly original book. Nothing like this has been written in the history of higher education. Succinct and lucid, Courtrooms and Classrooms combines legal literature and arguments with materials that bring to life the historical contexts of legal cases.
Run, don't walk, to read Scott Gelber's book. He writes very well and is a careful and conscientious scholar. This is an interesting—often fascinating—tale that contains ample textual support.—Michael A. Olivas, University of Houston Law Center, author of Suing Alma Mater: Higher Education and the Courts
A stunningly original book. Nothing like this has been written in the history of higher education. Succinct and lucid, Courtrooms and Classrooms combines legal literature and arguments with materials that bring to life the historical contexts of legal cases.—Roger L. Geiger, Pennsylvania State University, author of The History of American Higher Education: Learning and Culture from the Founding to World War II
Scott Gelber’s new book provides a fresh analysis to confirm that history does matter when it comes to understanding higher education. Nowhere is this more so than in the complex story of classrooms and courtrooms. The issues and arguments—and decisions—on college access in the century from 1860 to 1960 have some surprising roots and remain central to the drama of who goes to college—and where—in American history. Here is yet another excellent scholarly work from an outstanding historian of higher education.—John R. Thelin, author of A History of American Higher Education
Scott Gelber reminds us that the American system of higher education, which took the world by storm in the 20th century, came from humble roots in the previous century, when a college was like the neighborhood schoolhouse and courts were willing to guarantee students access to what was considered merely a public utility.—David F. Labaree, Stanford University