A lawsuit that is now (apparently) up to SCOTUS on appeal could, if the Apellate Court decision is not overturned, completely dismember the way universities and similar entities conduct fundamental research. As if we didn’t have enough things to worry about.
However, these projects unmistakably further the institutions’ legitimate business objectives, including educating and enlightening students and faculty participating in these projects.
This quote, from the appellate decision, is another example of the insidious ways our cultural fixation on money infiltrates every aspect of our society. Since when does a university have a business objective? Or is every organized endeavor, perhaps excluding only government and religion, necessarily a business endeavor? A comment to Felton’s post suggests that this mess began with a poorly thought out personnel decision but as the saying goes, beware of unintended consequences.
Stephen Bainbridge suggests that perhaps this perspective is not such a bad thing but even he, a professor of corporate law, cannot ignore the probability that such treatment will likely result in a loss to us all. Certainly universities are trying harder to benefit financially from the research done on their grounds but as every single one of them other than perhaps the amazingly endowed places like Harvard, Yale and Stanford are struggling to maintain classes, facilities and staff, I’m hardpressed to begrudge them the money.
To sum: SCOTUS should rule for Duke and even though universities are not businesses they do require money to operate; their continued existence as conductors of fundamental research benefits us all.
BillSaysThis 
