[co-author: Elizabeth Deutsch]
The last few years have been eventful and, at times, difficult ones for institutions of higher education. Institutions have been deeply impacted by issues ranging from the COVID-19 pandemic, to debates over free speech, to changes in immigration law, and to the ever-increasing pace of technological change, to name but a few. These impacts have been felt by institutions in numerous ways, including through increased legal risk and litigation. But notwithstanding all that has happened, 2023 may be one of the most impactful years for higher education in recent memory. Some of the issues we present below represent challenges for institutions of higher education while others represent opportunities. But all of these issues are important, interesting, and worthy of careful consideration as the year progresses.