After decades of a culture of social isolationism, we see how colleges and universities have gradu- ally become the battlegrounds of national issues such as race, religion, sexual assault, gun control and free speech. Over the last 50 years more than 120 cases related in one way or another to higher education have been heard by the U.S. Supreme Court. Hundreds of other cases have been filed, only for the justices to deny hearing them.
However, most colleges and universities are not well prepared to deal with litigation. For one thing institutions of higher education have had for decades a culture of what we can call “academic exceptionalism,” in which they believe that they are governed by a different set of rules that allow them to do virtually anything they want.