Philip Palade, et al. v. Board of Trustees University of Arkansas System, et al.

Petitioners, members of a class of tenure-track and previously-tenured faculty at institutions in the University of Arkansas System, filed a declaratory judgment action pursuant to 28 U.S.C. §§ 2201 and 2202 to determine whether the Board of Trustees for the University of Arkansas System could retroactively apply newly-revised policies concerning the grounds for dismissal and academic discipline to faculty who are on the tenure-track and faculty who have already earned tenure under prior Board of Trustees policies. Tenure is contractual in nature and vests as a constitutionally protected property right. The lower courts held that the class lacked standing because members did not show that they had been adversely impacted by the new policies, which constituted a unilateral modification of the employment agreements that members have with the University of Arkansas system. The question presented is: 1. Whether the lower courts erred in holding that Petitioners lacked standing to seek declaratory relief concerning the retroactive application of newly-revised policies concerning the grounds for dismissal and academic discipline to faculty who are on the tenure-track and faculty who have already earned tenure under prior Board of Trustees policies.