Moore v. Board of Regents of the University of the State of New York

The Board of Regents of the University of the State of New York (the Regents) (defendant) had broad policy-making authority over higher education within the state of New York. The Regents had also been granted legislative authority to register institutions of higher education in terms of New York standards and to examine institutions to ensure compliance with regulations. The Board of Trustees for the State University of New York, however, was granted legislative authority to manage the day-to-day operations of the university, much like trustees of private institutions did. The Regents declined to register two doctoral programs, one in English and one in history, at the State University of New York at Albany. The Regents reviewed the qualifications of the faculty in the English and history department and conducted a site visit through the program evaluation committee. The Regents ultimately determined that the faculty in those departments were not sufficiently productive nor prominent to support a doctoral program. This decision was based on the lack of research and publications from the faculty, as well as the lack of national recognition of the faculty. The Chancellor and Trustees of the State University of New York at Albany (plaintiffs) filed a lawsuit, arguing that the Regents did not have the authority to require registration of educational programs. The trial court and appellate division both ruled in favor of the Regents, and the Chancellor affirmed.