Dartblog

The Dartmouth reports that Trustee Emeritus, law professor, and friend Todd Zywicki ’88 has filed an amicus brief in support of Dartmouth College’s alumni, who are presently pursuing the reinstatement of equality on the Board of Trustees between elected and appointed trustees.

Read the latest brief: Download and read Professor Zywicki’s brief, which is technical but enjoyable, here; read the appendix—which is of immense interest—here. And read a related memorandum of law written by attorney Harvey Silverglate and me on the fiduciary duty of trustees here.

Or, alternatively, read the brief here and the appendix here, right in your browser.

In the Appendix, which The Dartmouth—forever keeping the news simple and digestible for the facile students in Hanover—did not post, read pages 20 to 24. It’s a letter to what appears to be two trustees (the letter is partially redacted) explaining that not only have democratic trustee elections and petition candidates, which have won every one of the last four open seats, not harmed Dartmouth—they’ve strengthened it considerably. A few internal dollar figures are blacked-out, but much of the explanation is legible. This letter puts the lie to the simplistic line that contested trustee elections—in which alumni are permitted to choose the trustee they think will act as the best fiduciary in guarding the COllege’s interests—somehow ‘harm’ the College by permitting criticism thereof.