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6 Dartmouth L.J. 1 (2008)

handle is hein.journals/dcujl6 and id is 1 raw text is: THE CONTENTIOUS HISTORY OF THE DARTMOUTH BOARD OF TRUSTEES CHARLES FLYNN, DAVID LEIMBACH, AND MICHAEL SLOAN-ROSSITER* This paper examines the rich and unique history of Dartmouth's Board of Trustees, beginning with the College's founding in 1769, through the landmark case Dartmouth v. Woodward, to the current controversy regarding the expansion of the Board of Trustees. The paper evaluates the legal arguments of both sides in the current case, and argues that the Trustees have the stronger legal position. I. INTRODUCTION .............2............ .................2 II. THE HISTORY OF THE DARTMOUTH BOARD OF TRUSTEES...................3 A. The Founding of Dartmouth College by Its Charter..................3 B. Dartmouth College v. Woodward ...........5........5 C. The Alumni Push for Greater Representation ....................8 D. Board Expansions .........................................9 II. THE CURRENT CONTROVERSY ..............9...........9 A. Maneuvers .........................................10 B. Authority, Apparent Authority, and Contractual Intent ...........13 III. CONCLUSION ............................................14 * Charles Flynn is an Executive Editor of the Dartmouth Law Journal. He is a senior Government major at Dartmouth College. Chuck will be attending law school in the fall. David Leimbach is a sophomore at Dartmouth College and a Senior Editor of the Dartmouth Law Journal. David is a Mathematics and Philosophy double major. Michael Sloan-Rossiter is the Editor in Chief of the Dartmouth Law Journal. He is a Government and Economics double major and expects to graduate from Dartmouth College in June. Next year he will be working at a private equity consultancy in Boston, Massachusetts. 1

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