Dartmouth Col Case Decision
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Report of the Case of the Trustees of Dartmouth College Against William H. Woodward
Author | : Dartmouth College |
Publisher | : |
Total Pages | : 424 |
Release | : 1819 |
Genre | : Corporate governance |
ISBN | : |
The Dartmouth College Causes and the Supreme Court of the United States
Author | : John Major Shirley |
Publisher | : |
Total Pages | : 498 |
Release | : 1879 |
Genre | : Possessory actions |
ISBN | : |
Opinion of the Superior Court of the State of New Hampshire, in the case of the Trustees of Dartmouth College versus W. H. Woodward pronounced ... November term, 1817
Author | : Dartmouth College. Undergraduate Council |
Publisher | : |
Total Pages | : 32 |
Release | : 1818 |
Genre | : |
ISBN | : |
Commemoration of the Career of Daniel Webster and of the 150th Anniversary of the Supreme Court Decision in the Dartmouth College Case by the President and the Trustees of Dartmouth College and Their Guests, April 9, 1969, the Court of Claims, Washington
Author | : United States. Court of Claims |
Publisher | : |
Total Pages | : 7 |
Release | : 1969 |
Genre | : Dartmouth College Case |
ISBN | : |
Private Interest & Public Gain
Author | : Francis N. Stites |
Publisher | : Univ of Massachusetts Press |
Total Pages | : 200 |
Release | : 1972 |
Genre | : History |
ISBN | : |
Dartmouth College V. Woodward
Author | : Adam R Nelson |
Publisher | : |
Total Pages | : 0 |
Release | : 2025-05-28 |
Genre | : History |
ISBN | : 9780700638680 |
Dartmouth College v. Woodward examines the landmark case decided by the United States Supreme Court in 1819 after New Hampshire's state legislature attempted to amend Dartmouth's charter to place the college under greater public control. Adam R. Nelson interprets the case not only as one about higher-education governance or American corporate law in an emerging constitutional order, and not simply as a case about the Marshall Court's preference for "private" over "public" initiative as the primary driver of social and commercial development. More fundamentally, Nelson uses the case to illustrate a broad ideological shift from commonwealth republicanism to market liberalism in both education and jurisprudence during the early nineteenth century. The question at the heart of the case was: should Dartmouth College be subject to legislative authority? This book finds that when the state court said "yes" but the US Supreme Court said "no," the divergence between these decisions stemmed not only from different applications of the contracts clause but also from disagreements about the degree to which core institutions in a democracy--whether colleges or churches or companies--should be overseen or regulated by political majorities. Implicit in the Dartmouth case, though never clarified, was the question of whether higher education was a private or public good, and thus whether colleges are better off under private or public control. By choosing the private path, Dartmouth reinforced a gradual privatization of what might otherwise have been considered public goods. Americans today live with the consequences of this decision. A landmark in American corporate law, the Dartmouth College case has been cited in a wide variety of subsequent decisions, including Citizens United (2010) and Burwell v. Hobby Lobby Stores (2014). Adam Nelson's informative work provides an accessible introduction to this important piece of American legal history.