Dartmouth College v. Woodward

“Adam Nelson offers the most readable and thorough account of the origins of the Dartmouth College case to date. By digging deep into Dartmouth’s history, he argues that the Supreme Court got the facts wrong, and in doing so transformed the relationship between corporations—especially colleges—and the public good. The decision’s impact can still be felt today.”—Johann Neem, author of Democracy’s Schools: The Rise of Public Education in America

“Despite being foundational to American constitutional law, the Dartmouth case rests on shaky, even shady foundations. Nelson breathes new life into that old tale, giving us a thorough and provocative account of the origins, meaning, and impact of this fateful decision. This is the most exciting work on the subject in generations and is sure to engage scholars and students alike.”—Benjamin Justice, coauthor of Have a Little Faith: Religion, Democracy, and the American Public School

“In this important history, Adam Nelson explains the pivotal role that disputes over public vs. private education played in transforming the meaning of ‘corporation’ from a term for charitable institutions to its current association with contract-based commercial entities. The book sheds a bright light on partisan controversy over the meaning of ‘public good’ in American law.”—Amanda Porterfield, author of Corporate Spirit: Religion and the Rise of the Modern Corporation

“Adam Nelson brings clarity to confusion in his historical analysis of the chess game of charters that characterized the landmark 1819 Supreme Court case of Dartmouth College v. Woodward. Creating a college in the new United States included the challenge of a legal labyrinth in which disingenuous lawyers sparred and colluded with legislatures, governors, judges, aspiring college founders, and prospective donors. This is American higher education’s living history because two centuries later both private and public colleges and universities in the United States work to navigate this distinctively American mosaic of peculiar institutional forms and codes.”—John R. Thelin, author of A History of American Higher Education