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Legal Program

The AAUP's legal office supports the activities of the Association in a variety of ways. The office responds to inquiries on higher education law from professors, academic administrators, attorneys, and others; monitors legal developments in higher education around the country; and leads workshops and presentations on higher education law. (See a list of legal resources broken down by topic.)

The legal office also works with experts from around the country in submitting friend-of-the-court briefs in key appellate cases, seeking to shape the law in ways supportive of Association principles. The AAUP's amicus briefs before the Supreme Court and appellate courts safeguard sound academic practices and due process. The AAUP also tracks the legal implications of legislation and its implementation in executive branch agencies.

In addition, the office performs in-house legal work for the AAUP and supplies legal support for a number of key AAUP committees. The staff attorneys collaborate with the General Counsel, who is a law professor appointed to a two-year term and who remains in his or her faculty position while serving the Association.

The AAUP cannot represent individuals in litigation, or provide legal advice,  but provides attorney referrals upon request (write to the legal office).

Inside this section

  • AAUP Amicus Briefs, 2005-08 – On Wednesday, April 16, 2008, a coalition including the AAUP filed an amicus brief to the Supreme Court in Crawford v. Metropolitan Government of Nashville and Davidson County, an important Title VII case. Read more. (4/22)
  • AAUP Amicus Briefs, 1999-2004
  • AAUP Files Amicus Brief in Doe v. Mukasey – In an amicus brief in Doe v. Mukasey, the AAUP asked the Second Circuit Court of Appeals to affirm the decision by the U.S. District Court for the Southern District of New York declaring several statutory provisions governing the use of FBI National Security Letters to be unconstitutional. (3/20)
  • AAUP Files Amicus Brief in Faculty Speech Case – On March 17, 2008, the AAUP and the Thomas Jefferson Center for the Protection of Free Expression filed a jointly-authored amicus brief in the U.S. Court of Appeals for the Ninth Circuit. The amicus brief focuses on the unique status granted to academic speech, including involvement in shared governance. (3/21)

Section Highlights

AAUP Amicus Briefs, 2005-08

On Wednesday, April 16, 2008, a coalition including the AAUP filed an amicus brief to the Supreme Court in Crawford v. Metropolitan Government of Nashville and Davidson County, an important Title VII case. Read more. (4/22)

Legal Defense Fund

Since 1975, the Association’s Legal Defense Fund has helped professors across the country in lawsuits involving legal issues of national significance in higher education. Your contribution helps us continue this important work.