The rise in litigation involving colleges and universities has transformed the legal landscape of higher education, according to Hobart and William Smith Colleges General Counsel Lou Guard ’07 and former HWS President Joyce Jacobsen. The two experts discussed the growing need for institutions to navigate increasingly complex legal challenges during a recent appearance on the “EdUp Experience” podcast.
In their discussion, based on their book All the Campus Lawyers: Litigation, Regulation, and the New Era of Higher Education, Guard and Jacobsen highlighted how the legal environment in higher education has shifted over the past 15 years. They noted that rising costs, regulatory changes, and greater public scrutiny are driving colleges and universities to hire in-house legal counsel.
“We used to be a little more protected in academia, and people thought we were doing the right thing,” Jacobsen said. “That’s not so much the case anymore.”
Key legal challenges facing campuses
Guard and Jacobsen pointed to various factors contributing to the increase in legal issues, including heightened expectations for educational outcomes, growing cyberattacks, and more aggressive enforcement of federal regulations. As colleges become more focused on tangible results, students and their families are increasingly pursuing legal action when those expectations aren’t met, the authors said.
To manage these risks, more institutions are investing in legal teams to help balance compliance with their educational missions. In-house counsel play a crucial role in helping colleges address litigation, ensure regulatory compliance, and respond to societal changes that impact legal considerations on campuses.
Evolving role of campus attorneys
Guard, who has served as General Counsel at Hobart and William Smith since 2014, emphasized that the demand for legal expertise is growing in higher education as colleges face more frequent lawsuits and regulatory challenges. His work has involved advising on legal strategy, governance, and major institutional projects.
Jacobsen, an expert in labor economics and former president of the Colleges, offered insights on how economic pressures are driving changes in higher education. With the commoditization of education, students and stakeholders expect clear returns on their investments, increasing the likelihood of legal disputes when those expectations aren’t met.
The authors’ book, All the Campus Lawyers, was selected by The New Yorker as one of the best books of 2024 and featured in a piece titled “Academic Freedom Under Fire.” It was also highlighted by The Chronicle of Higher Education earlier this year.
Legal insights for the future
Looking ahead, Guard and Jacobsen discussed how emerging technologies, such as artificial intelligence, and societal changes, like increased demands for accountability, will continue to reshape the legal landscape in higher education. The authors are hopeful that their work will provide valuable insights for college administrators and legal professionals working to navigate these challenges.
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