The Role of Counsel in a Changing Landscape: Deploying Mission and Values

The landscape for higher education is shifting dramatically as the sector faces legal and regulatory headwinds that are set to challenge institutions in significant ways in the years ahead. As readers of these pages know, many of the core and existential issues facing the higher education sector have a nexus with the law or regulation. Behind rising costs, for example, is the question of whether litigation, regulation, and compliance are fueling institutional expenses and increasing prices. Underlying questions of access and college admissions is the specter of discrimination and questions of institutional autonomy in deciding who to admit and why. Beneath academic freedom, a core value to the academy, is debate over the line between harassment and protected speech. There are still numerous other disrupters across the sector from artificial intelligence to novel business issues, and each have their own nuanced legal angle for institutions.