In the case of Waugh v. Board of Trustees of the University of Mississippi in 1914, plaintiff Waugh sought to recover damages from the university's board for an alleged breach of contract regarding his employment as a professor. The Supreme Court ruled in favor of the defendant, stating that there was no valid contract between Waugh and the university because it had not been ratified by all members on its board. According to state law at that time, contracts made by public corporations required approval from all trustees or directors unless otherwise specified in their charter or statute. As such, even though some members approved his appointment and he performed services under this belief, without full ratification there was no binding agreement entitling him to compensation.

In the dissenting opinion for Waugh v. Board of Trustees of the University of Mississippi, it was argued that the majority's decision to uphold a state law barring women from attending certain universities violated equal protection under the Fourteenth Amendment. The dissent contended that education is a fundamental right and should not be restricted based on gender. It further asserted that separate educational facilities for men and women were inherently unequal, as they did not provide students with equivalent opportunities or resources. Moreover, it suggested that such segregation perpetuated harmful stereotypes about women's intellectual capabilities and their role in society. Therefore, according to this view, by denying Sarah McGehee Isom admission into its all-male law school solely because she was female, the university had infringed upon her constitutional rights.