An Analysis of the Dartmouth College Case with Respect to Its Impact Upon the Evolution of Higher Education Page: 3
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the actual judgement was handed down. Chapter IV examines
the cases listed in Shepard's Qtatins under 4 Wheaton (17 US),
518 to assess the influence of the Dartmouth decision upon
each case pertaining to higher education. Chapter V summarizes
the information related in the preceding chapters in the order
of the guideline questions and presents the analysis of the
impact and the recommendations of the study.
The dicta of the Dartmouth decision and the subsequent
cases, which have cited it as a source of authority, have
served as a foundation for the growth of private education,
without fear of confiscation by some governmental body. The
dicta have also provided the basis for determining what con-
stitutes a public college corporation and what requirements
are necessary to be classified as either a public or a private
institution. They have also supplied the groundwork for the
relationship between an institution, public or private, and
its chartering authority. The case has allowed higher edu-
cation to pursue its destiny as a dual system, one public
and one private.
Much of the criticism of the decision centers around the
fact that the dicta of the case cover all charters and all
corporations. The research of this study has verified that
this objection is valid. If the case is ever qualified, it
will probably be due to the fact that it covers such an ex-
tremely broad range of law and not because of its relationship
to higher education.
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Filkins, James Heasom. An Analysis of the Dartmouth College Case with Respect to Its Impact Upon the Evolution of Higher Education, dissertation, December 1973; Denton, Texas. (digital.library.unt.edu/ark:/67531/metadc501218/m1/3/: accessed May 23, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; .