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The University and the People chronicles the influence of Populism—a powerful agrarian movement—on public higher education in the late nineteenth century. Revisiting this pivotal era in the history of the American state university, Scott Gelber demonstrates that Populists expressed a surprising degree of enthusiasm for institutions of higher learning. More fundamentally, he argues that the mission of the state university, as we understand it today, evolved from a fractious but productive relationship between public demands and academic authority. Populists attacked a variety of elites—professionals, executives, scholars—and seemed to confirm academia’s fear of anti-intellectual public oversight. The movement’s vision of the state university highlighted deep tensions in American attitudes toward meritocracy and expertise. Yet Populists also promoted state-supported higher education, with the aims of educating the sons (and sometimes daughters) of ordinary citizens, blurring status distinctions, and promoting civic engagement. Accessibility, utilitarianism, and public service were the bywords of Populist journalists, legislators, trustees, and sympathetic professors. These “academic populists” encouraged state universities to reckon with egalitarian perspectives on admissions, financial aid, curricula, and research. And despite their critiques of college “ivory towers,” Populists supported the humanities and social sciences, tolerated a degree of ideological dissent, and lobbied for record-breaking appropriations for state institutions.
A stunningly original history of higher education law. Conventional wisdom holds that American courts historically deferred to institutions of higher learning in most matters involving student conduct and access. Historian Scott M. Gelber upends this theory, arguing that colleges and universities never really enjoyed an overriding judicial privilege. Focusing on admissions, expulsion, and tuition litigation, Courtrooms and Classrooms reveals that judicial scrutiny of college access was especially robust during the nineteenth century, when colleges struggled to differentiate themselves from common schools that were expected to educate virtually all students. During the early twentieth century, judges deferred more consistently to academia as college enrollment surged, faculty engaged more closely with the state, and legal scholars promoted widespread respect for administrative expertise. Beginning in the 1930s, civil rights activism encouraged courts to examine college access policies with renewed vigor. Gelber explores how external phenomena—especially institutional status and political movements—influenced the shifting jurisprudence of higher education over time. He also chronicles the impact of litigation on college access policies, including the rise of selectivity and institutional differentiation, the decline of de jure segregation, the spread of contractual understandings of enrollment, and the triumph of vocational emphases.