October 10, 2003

Colleges Must Not Be Above the Law

By PETER BERKOWITZ

Nobody has a right to tenure. But every candidate for tenure has a contractual right to a process consistent with his or her institution's rules and regulations. Cast aside this fundamental principle, and you turn colleges into islands of lawlessness and render them uniquely inhospitable to free inquiry.

The courts of Massachusetts, however, have just decided that Harvard University doesn't have to follow its own rules -- that it can, in effect, review candidates for tenure and

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