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The Law of Higher Education

The Law of Higher Education A Comprehensive Guide to Legal Implications of Administrative Decision Making, 2 Volume Set, 5th Edition

  • Author:
  • Publisher: Jossey-Bass
  • ISBN: 9781118032015
  • Published In: July 2013
  • Format: Hardback , 2128 pages
  • Jurisdiction: U.S. ? Disclaimer:
    Countri(es) stated herein are used as reference only

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    Make sure you have a copy on your bookshelf.

    The Law of Higher Education, Fifth Edition, is the most up-to-date and comprehensive reference, research source, and practical legal guide for college and university administrators, campus attorneys, legal counsel, and institutional researchers, addressing all the major legal issues and regulatory developments in higher education.

    In the increasingly litigious environment of higher education, William A. Kaplin and Barbara A. Lee’s clear, cogent, and contextualized legal guide proves more and more indispensable every year.

    Over 3,000 new cases related to higher education have been decided since the publication of the previous edition, and scores of changes to higher education law are made each year. Every section of the fifth edition contains new material, including those related to:

    • Hate speech and free speech rights of faculty in public universities
    • Sharing of research with international colleagues
    • Intellectual property and peer-to-peer file sharing
    • Student suicide
    • Campus safety
    • Police and administrators’ right to search students’ residence hall rooms
    • Governmental support for religious institutions and religious autonomy rights of individual public institutions
    • Collective bargaining and antidiscrimination laws
    • Nondiscrimination and affirmative action in employment, admissions, and financial aid
    • Family and Medical Leave Act and workers’ compensation
    • FERPA (Family Educational Rights and Privacy Act)
  • Notice to Instructors

    Notice of Web Site and Periodic Supplements

    Preface

    Acknowledgments

    The Authors

    PART ONE: PERSPECTIVES AND FOUNDATIONS

    1 Overview of Higher Education Law

    Section 1.1. How Far the Law Reaches and How Loudly It Speaks

    Section 1.2. Evolution of Higher Education Law

    Section 1.3. The Governance of Higher Education

    Section 1.4. Sources of Higher Education Law

    Section 1.5. The Public-Private Dichotomy

    Section 1.6. Religion and the Public-Private Dichotomy

    Section 1.7. The Relationship Between Law and Policy

    Selected Annotated Bibliography

    2 Legal Planning and Dispute Resolution

    Section 2.1. Legal Liability

    Section 2.2. Litigation in the Courts

    Section 2.3. Alternative Dispute Resolution

    Section 2.4. Legal Services

    Section 2.5. Institutional Management of Liability Risk17

    Selected Annotated Bibliography

    PART TWO: THE COLLEGE AND ITS GOVERNING BOARD, PERSONNEL, AND AGENTS

    3 The College and Its Trustees and Officers

    Section 3.1. The Question of Authority

    Section 3.2. Sources and Scope of Authority and Liability

    Section 3.3. Institutional Tort Liability

    Section 3.4. Institutional Contract Liability

    Section 3.5. Institutional Liability for Violating Federal Constitutional Rights (Section 1983 Liability)

    Section 3.6. Captive and Affiliated Organizations30

    Selected Annotated Bibliography

    4 The College and Its Employees

    Section 4.1. Overview of Employment Relationships

    Section 4.2. Pre-hire Considerations

    Section 4.3. Employment Contracts

    Section 4.4. Civil Service Rules

    Section 4.5. Collective Bargaining

    Section 4.6. Other Employee Protections

    Section 4.7. Personal Liability of Employees

    Section 4.8. Performance Management Issues

    Selected Annotated Bibliography

    5 Nondiscrimination and Affirmative Action in Employment

    Section 5.1. The Interplay of Statutes, Regulations, and Constitutional Protections

    Section 5.2. Sources of Law

    Section 5.3. The Protected Classes

    Section 5.4. Affirmative Action

    Section 5.5. Application of Nondiscrimination Laws to Religious Institutions

    Selected Annotated Bibliography

    PART THREE: THE COLLEGE AND ITS FACULTY

    6 Faculty Employment Issues

    Section 6.1. Overview

    Section 6.2. Faculty Contracts

    Section 6.3. Faculty Collective Bargaining

    Section 6.4. Application of Nondiscrimination Laws to Faculty Employment Decisions

    Section 6.5. Affirmative Action in Faculty Employment Decisions

    Section 6.6. Standards and Criteria for Faculty Personnel Decisions

    Section 6.7. Procedures for Faculty Employment Decisions

    Section 6.8. Closure, Merger, and Reduction in Force

    Selected Annotated Bibliography

    7 Faculty Academic Freedom and Freedom of Expression

    Section 7.1. General Concepts and Principles

    Section 7.2. Academic Freedom in Teaching

    Section 7.3. Academic Freedom in Research and Publication

    Section 7.4. Academic Freedom in Institutional Affairs

    Section 7.5. Academic Freedom in Private Life

    Section 7.6. Administrators’ Authority Regarding Faculty Academic Freedom and Freedom of Expression

    Section 7.7. Protection of Confidential Academic Information: The “Academic Freedom Privilege”

    Section 7.8. Academic Freedom in Religious Colleges and Universities

    Selected Annotated Bibliography

    PART FOUR: THE COLLEGE AND ITS STUDENTS

    8 The Student-Institution Relationship

    Section 8.1. The Legal Status of Students

    Section 8.2. Admissions

    Section 8.3. Financial Aid

    Section 8.4. Student Housing

    Section 8.5. Campus Computer Networks

    Section 8.6. Campus Security

    Section 8.7. Other Support Services

    Section 8.8 Student Records

    Selected Annotated Bibliography

    9 Student Academic Issues

    Section 9.1. Overview

    Section 9.2. Grading and Academic Standards

    Section 9.3. Online Programs

    Section 9.4. Academic Accommodations for Students with Disabilities.

    Section 9.5. Sexual Harassment of Students by Faculty Members

    Section 9.6. Academic Dismissals and Other Academic Sanctions

    Section 9.7. Degree Revocation

    Selected Annotated Bibliography

    10 Student Disciplinary Issues

    Section 10.1. Disciplinary and Grievance Systems

    Section 10.2. Disciplinary Rules and Regulations

    Section 10.3. Procedures for Suspension, Dismissal, and Other Sanctions

    Section 10.4. Student Protests and Freedom of Speech

    Section 10.5. Speech Codes and the Problem of Hate Speech19

    Selected Annotated Bibliography

    11 Rights and Responsibilities of Student Organizations and Their Members

    Section 11.1. Student Organizations

    Section 11.2. Fraternities and Sororities

    Section 11.3. The Student Press

    Section 11.4. Athletic Teams and Clubs

    Selected Annotated Bibliography

    PART FIVE: THE COLLEGE AND LOCAL, STATE, AND FEDERAL GOVERNMENTS

    12 Local Governments and the Local Community

    Section 12.1. General Principles

    Section 12.2. Zoning and Land Use Regulation

    Section 12.3. Local Government Taxation

    Section 12.4. Student Voting in the Community

    Section 12.5. Relations with Local Police

    Section 12.6. Community Access to the College’s Campus

    Section 12.7. Community Activities of Faculty Members and Students

    Selected Annotated Bibliography

    13 The College and the State Government

    Section 13.1. Overview

    Section 13.2. State Provision of Public Postsecondary Education

    Section 13.3. State Chartering and Licensure of Private Postsecondary Institutions

    Section 13.4. State Regulation of Out-of-State Institutions and Programs

    Section 13.5. Other State Regulatory Laws Affecting Postsecondary Education Programs

    Selected Annotated Bibliography

    14 The College and the Federal Government

    Section 14.1. Federal Constitutional Powers over Education

    Section 14.2. Federal Regulation of Postsecondary Education

    Section 14.3. Federal Taxation of Postsecondary Education82

    Section 14.4. Federal Aid-to-Education Programs

    Section 14.5. Civil Rights Compliance107

    Section 14.6. Dealing with the Federal Government

    Selected Annotated Bibliography

    15 The College and the Education Associations

    Section 15.1. Overview of the Education Associations

    Section 15.2. Applicable Legal Principles

    Section 15.3. The College and the Accrediting Agencies

    Section 15.4. Athletic Associations and Conferences17

    Selected Annotated Bibliography

    16 The College and the Business and Industrial Community

    Section 16.1. The Contract Context for College Business Transactions

    Section 16.2. The College as Purchaser

    Section 16.3. The College as Seller and Competitor

    Section 16.4. The College as Research Collaborator and Partner

    Selected Annotated Bibliography

    Indexes

  • WILLIAM A. KAPLIN is Research Professor of Law at The Catholic University of America, Columbus School of Law, and Distinguished Professorial Lecturer at Stetson University College of Law. He is the past chair of the Education Law Section of the Association of American Law Schools, the former editor of the Journal of College and University Law, and a former member of the Education Appeal Board of the U.S. Department of Education. He is senior fellow at the Center for Excellence in Higher Education Law and Policy at Stetson University, editorial board member for the Journal of College and University Law, and a mentor/leader for the biannual Houston Higher Education Law Roundtable; since 1991 he has been a faculty member/presenter for the Annual National Conference on Law and Higher Education. He has received multiple awards and has been named a fellow of the National Association of College and University Attorneys.

    BARBARA A. LEE is professor of human resource management at Rutgers University’s School of Management and Labor Relations. An attorney, she teaches employment law and higher education law and has served as department chair, associate dean, associate provost, and dean at Rutgers. She is also of counsel to the law firm of Edwards, Angell, Palmer & Dodge, LLP, and serves on the Executive Committee of the New Jersey Bar Association’s Labor and Employment Law Section. Her work has been published in the Industrial and Labor Relations Review, Industrial Relations, Human Resource Management, the Journal of College and University Law, and the Journal of Higher Education. She is the coauthor of Academics in Court: The Consequences of Faculty Discrimination Litigation, which deals with the effects of discrimination litigation on plaintiffs and employer defendants.

  • “[The Law of Higher Education] transcends the law—an important enough topic in itself—to be essential reading for anyone interested in understanding the complexities of organizing and managing American Higher Education Institutions.” —The Journal of Higher Education

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