Event Title

Delegating Authority to the Community of Scholars

Presenter Information

D. Brock Hornby

Location

Duke Law School

Start Date

24-1-1975 1:00 PM

End Date

24-1-1975 2:00 PM

Description

This Article confronts the question of whether the analysis of conventional administrative law is appropriate for resolving legal disputes over the allocation of authority in public higher education. It will begin with a summary of the general legal principles that apply to assignments of governmental authority. Then the formal structure of authority in American public higher education will be outlined, and judicial application of the legal principles to this structure will be examined. This examination will reveal that the little case law on the subject has largely failed to confront the issue and might be construed as suggesting that higher education should be treated like any other state operation.

Comments

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Related Paper

D. Brock Hornby, Delegating Authority to the Community of Scholars, 1975 Duke Law Journal 279-327 (1975)

Available at: http://scholarship.law.duke.edu/dlj/vol24/iss2/3


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Jan 24th, 1:00 PM Jan 24th, 2:00 PM

Delegating Authority to the Community of Scholars

Duke Law School

This Article confronts the question of whether the analysis of conventional administrative law is appropriate for resolving legal disputes over the allocation of authority in public higher education. It will begin with a summary of the general legal principles that apply to assignments of governmental authority. Then the formal structure of authority in American public higher education will be outlined, and judicial application of the legal principles to this structure will be examined. This examination will reveal that the little case law on the subject has largely failed to confront the issue and might be construed as suggesting that higher education should be treated like any other state operation.