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30 J.C. & U.L. vii (2003-2004)
Issue 3

handle is hein.journals/jcolunly30 and id is 549 raw text is: THE JOURNAL OF COLLEGE AND UNIVERSITY LAW Volume 30 2004 Number 3 FOCUS ON GRUTTER AND GRATZ You've Got to Have Friends: Lessons Learned from the Role of Amici in the University of Michigan Cases Jonathan Alger 503 Marvin Krislov The unprecedented number, variety, and quality of amicus briefs in the University of Michigan admissions lawsuits appear to have influenced the Supreme Court's decisions in Gratz and Grutter. Comparing the amici in the Michigan cases and Bakke, this article explores the role of amici in affecting judicial decisions. The article concludes that the extent to which amicus briefs can and should play a significant role in litigation depends largely on whether amici can best: (1) supply interdisciplinary or specialized research and information that can independently validate or contradict important claims of the parties; and (2) describe the societal importance and implications of decisions. Institutional Academic Freedom-A Constitutional Misconception: Did Grutter v. Bollinger Perpetuate the Confusion? Richard H. Hiers 531 Recently the Supreme Court stated in dicta that public colleges and universities themselves are entitled to academic freedom or institutional autonomy under the First Amendment. Two federal appellate courts had previously so stated. There is no basis in either Supreme Court holdings or in constitutional theory for such statements. The idea of institutional academic freedom or autonomy under the First Amendment rests solely upon concurring opinions and dicta, and is best characterized as a misconception.

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