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| A changing picture: the evolution logic and implication of the rule of law in American higher education |
| YAO Rong |
| （Institute of Higher Education, East China Normal University, Shanghai 200062, China） |
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Abstract For a long historical period, the American academia and the legal world had maintained relatively alienated and even isolated with each other. Since the 1960s, as the federal government and state governments became more involved in higher education, and lawsuits of students, faculty, and outsiders against institutions of higher education and their administrators continued to increase, the higher education institution had gradually evolved into one of the most regulated types of organizations in the United States. However, the simple application of legal rules and technologies in the fields of the constitution, contract law, tort law, and antidiscrimination law to adjust the legal relationship in the field of higher education increased the risks and burdens of university management, weakened the essential attributes of universities as academic institutions, and eroded the integrity of university decisionmaking. In this context, the "reverse trend" of higher education rule of law, aimed at eliminating the negative effects of "legal instrumentalism", has emerged. Therefore, China should correct the position of judicial judgment and update the reasoning method of the court while expanding the scope of accepting litigation cases in the field of higher education; strengthen the legal control of education administrative supervision power, and enhance the accountability and legitimacy of higher education supervision; emphasize the core position of legal work of universities in construction of the rule of law in higher education.
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2021, Vol. 15 
