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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