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The Kansas Board of Regents to endorse a policy making it easier to terminate tenured faculty members. Under existing policy,
a Kansas state university first must recognize a “financial exigency.” If implemented, under the new policy a university could reduce tenured faculty positions without that declaration. This would make termination of a tenured faculty member easier, arguably changing contracts of employment represented by tenure.
This proposed change raises an interesting question under the Contract Clause of the United States Constitution.
Article I, Section 10, Clause 1 provides in relevant part: “No State shall . . . pass any . . . Law impairing the Obligation of Contracts . . .” This clause applies to state laws (not federal), and “Law” does not include court decisions. Thus, a court might give relief by excusing or changing performance due under a contract based on doctrines of excuse such as impossibility, impracticability or frustration of purp