The Law of Higher Education
Student Version
4. Auflage
Erschienen am 1. August 2007
Buch
Softcover
748 Seiten
978-0-7879-7095-6 (ISBN)
Beschreibung
"Just as academia benefits from the understanding and respect of the legal community, so law benefits from the understanding and respect of academia."
-William A. Kaplin and Barbara A. Lee
Based on the fourth edition of The Law of Higher Education-the indispensable guide to law that bears on the provision of higher education-this Student Version provides an up-to-date reference and guide for coursework in higher education law. It also provides a guide for programs that help prepare higher education administrators for leadership roles.
This important reference is organized into five main parts: Perspectives and Foundations; The College and Its Governing Board and Staff; The College and Its Faculty; The College and Its Students; and The College and the Outside World. Each part includes the sections of the full fourth edition that most relate to student interests and are most suitable for classroom instruction, for example:
* The evolution and reach of higher education law
*
The governance of higher education
*
Legal planning and dispute resolution
*
The interrelationships between law and policy
*
The college and its employees
*
Faculty employment and tenure
*
Academic freedom
*
Campus issues: student safety, racial and sexual harassment, affirmative action, computer networks, services for international students
*
Student misconduct
*
Freedom of speech and hate speech
*
Student rights, responsibilities, and activities fees
*
Athletics and Title IX
*
Copyright
In addition, the book includes a general introduction to the study of higher education law, a glossary of key legal terms, and two appendices for non-law students on the American court system and on how to read court opinions. Each chapter is introduced with an overview of key terms and ideas the students will encounter.
The authors will keep the book up-to-date through a Web site-www.nacua.org/publications/lohe/index.asp-hosted by the National Association of College and University Attorneys (NACUA), Washington, D.C., on which they will post pertinent new developments keyed to the Student Version, as well as to the full fourth edition. The authors have also prepared a volume of teaching materials keyed to the Student Version and an instructor's manual, available to instructors from NACUA.
-William A. Kaplin and Barbara A. Lee
Based on the fourth edition of The Law of Higher Education-the indispensable guide to law that bears on the provision of higher education-this Student Version provides an up-to-date reference and guide for coursework in higher education law. It also provides a guide for programs that help prepare higher education administrators for leadership roles.
This important reference is organized into five main parts: Perspectives and Foundations; The College and Its Governing Board and Staff; The College and Its Faculty; The College and Its Students; and The College and the Outside World. Each part includes the sections of the full fourth edition that most relate to student interests and are most suitable for classroom instruction, for example:
* The evolution and reach of higher education law
*
The governance of higher education
*
Legal planning and dispute resolution
*
The interrelationships between law and policy
*
The college and its employees
*
Faculty employment and tenure
*
Academic freedom
*
Campus issues: student safety, racial and sexual harassment, affirmative action, computer networks, services for international students
*
Student misconduct
*
Freedom of speech and hate speech
*
Student rights, responsibilities, and activities fees
*
Athletics and Title IX
*
Copyright
In addition, the book includes a general introduction to the study of higher education law, a glossary of key legal terms, and two appendices for non-law students on the American court system and on how to read court opinions. Each chapter is introduced with an overview of key terms and ideas the students will encounter.
The authors will keep the book up-to-date through a Web site-www.nacua.org/publications/lohe/index.asp-hosted by the National Association of College and University Attorneys (NACUA), Washington, D.C., on which they will post pertinent new developments keyed to the Student Version, as well as to the full fourth edition. The authors have also prepared a volume of teaching materials keyed to the Student Version and an instructor's manual, available to instructors from NACUA.
Weitere Details
Weitere Ausgaben
Nachauflagen
Buch
03/2014
5. Auflage
Jossey-Bass
105,00 €
Artikel ist vergriffen; siehe Neuauflage
Personen
William A. Kaplin, J.D., is a professor of law at the Catholic University of America and Distinguished Professorial Lecturer at Stetson University College of Law. A former editor of the Journal of College and University Law, he is the coauthor of The Law of Higher Education, Fourth Edition.
Barbara A. Lee, J.D., Ph.D. is a professor of human resource management at the School of Management and Labor Relations, Rutgers University. She is the coauthor of The Law of Higher Education, Fourth Edition and Academics in Court.
Barbara A. Lee, J.D., Ph.D. is a professor of human resource management at the School of Management and Labor Relations, Rutgers University. She is the coauthor of The Law of Higher Education, Fourth Edition and Academics in Court.
Inhalt
Notice to Instructors.
Notice of Web Site and Periodic Supplements for the Student Version.
Preface.
Crosswalk for the Student Version and The Law of Higher Education, 4th Edition.
Acknowledgments.
The Authors.
General Introduction: The Study of Higher Education Law.
A. The Universe of Higher Education Law.
B. The Governance of Higher Education.
C. Sources of Higher Education Law.
D. The Legal Relationships Within Institutions of Higher Education.
E. The Law/Policy Distinction.
F. The U.S. Legal System as It Relates to Higher Education Law.
PART ONE: PERSPECTIVES AND FOUNDATIONS.
1 Overview of Higher Education Law.
1.1 How Far the Law Reaches and How Loud It Speaks.
1.2 Evolution of Higher Education Law.
1.3 The Governance of Higher Education.
1.4 Sources of Higher Education Law.
1.5 The Public-Private Dichotomy.
1.6 Religion and the Public-Private Dichotomy.
1.7 The Relationship Between Law and Policy.
2 Legal Planning and Dispute Resolution.
2.1 Legal Liability.
2.2 Litigation in the Courts.
2.3 Alternate Dispute Resolution.
PART TWO: THE COLLEGE AND ITS GOVERNING BOARD AND STAFF.
3 The College's Authority and Liability.
3.1 The Question of Authority.
3.2 Institutional Tort Liability.
3.3 Institutional Contract Liability.
3.4 Institutional Liability for Violating Federal Constitutional Rights (Section 1983 Liability).
4 The College and Its Employees.
4.1 Overview of Employment Relationships.
4.2 Employment Contracts.
4.3 Collective Bargaining.
4.4 Personal Liability of Employees.
4.5 Employment Discrimination.
4.6 Affirmative Action.
4.7 Application of Nondiscrimination Laws to Religious Institutions.
PART THREE: THE COLLEGE AND ITS FACULTY.
5 Special Issues in Faculty Employment.
5.1 Overview.
5.2 Faculty Contracts.
5.3 Faculty Collective Bargaining.
5.4 Application of Nondiscrimination Laws to Faculty Employment Decisions.
5.5 Affirmative Action in Faculty Employment Decisions.
5.6 Standards and Criteria for Faculty Personnel Decisions.
5.7 Procedures for Faculty Employment Decisions.
6 Faculty Academic Freedom and Freedom of Expression.
6.1 General Concepts and Principles.
6.2 Academic Freedom in Teaching.
6.3 Academic Freedom in Research and Publication.
6.4 Academic Freedom in Religious Colleges and Universities.
PART FOUR: THE COLLEGE AND ITS STUDENTS.
7 The Student/Institution Relationship.
7.1 The Legal Status of Students.
7.2 Admissions.
7.3 Financial Aid.
7.4 Student Housing.
7.5 Campus Computer Networks.
7.6 Campus Security.
7.7 Other Support Services.
8 Rights and Responsibilities of Individual Students.
8.1 Disciplinary and Grievance Systems.
8.2 Disciplinary Rules and Regulations.
8.3 Grades, Credits, and Degrees.
8.4 Procedures for Suspension, Dismissal, and Other Sanctions.
8.5 Student Protests and Freedom of Speech.
8.6 Speech Codes and the Problem of Hate Speech.
8.7 Student Files and Records.
9 Rights and Responsibilities of Student Organizations and Their Members.
9.1 Student Organizations.
9.2 Fraternities and Sororities.
9.3 The Student Press.
9.4 Athletics Teams and Clubs.
PART FIVE: THE COLLEGE AND THE OUTSIDE WORLD.
10 The College and Government.
10.1 Local Government Regulation.
10.2 State Government Regulation.
10.3 Federal Government Regulation.
10.4 Federal Aid-to-Education Programs.
10.5 Civil Rights Compliance.
11 The College and External Private Entities.
11.1 Education Associations.
11.2 Business Partners.
Appendices.
A. Constitution of the United States of America: Provisions of Particular Interest to Postsecondary Education.
B. The American Court System.
C. Reading and Analyzing Court Opinions.
D. Glossary of Legal Terms.
Bibliography.
Statute Index.
Case Index.
Subject Index.
Notice of Web Site and Periodic Supplements for the Student Version.
Preface.
Crosswalk for the Student Version and The Law of Higher Education, 4th Edition.
Acknowledgments.
The Authors.
General Introduction: The Study of Higher Education Law.
A. The Universe of Higher Education Law.
B. The Governance of Higher Education.
C. Sources of Higher Education Law.
D. The Legal Relationships Within Institutions of Higher Education.
E. The Law/Policy Distinction.
F. The U.S. Legal System as It Relates to Higher Education Law.
PART ONE: PERSPECTIVES AND FOUNDATIONS.
1 Overview of Higher Education Law.
1.1 How Far the Law Reaches and How Loud It Speaks.
1.2 Evolution of Higher Education Law.
1.3 The Governance of Higher Education.
1.4 Sources of Higher Education Law.
1.5 The Public-Private Dichotomy.
1.6 Religion and the Public-Private Dichotomy.
1.7 The Relationship Between Law and Policy.
2 Legal Planning and Dispute Resolution.
2.1 Legal Liability.
2.2 Litigation in the Courts.
2.3 Alternate Dispute Resolution.
PART TWO: THE COLLEGE AND ITS GOVERNING BOARD AND STAFF.
3 The College's Authority and Liability.
3.1 The Question of Authority.
3.2 Institutional Tort Liability.
3.3 Institutional Contract Liability.
3.4 Institutional Liability for Violating Federal Constitutional Rights (Section 1983 Liability).
4 The College and Its Employees.
4.1 Overview of Employment Relationships.
4.2 Employment Contracts.
4.3 Collective Bargaining.
4.4 Personal Liability of Employees.
4.5 Employment Discrimination.
4.6 Affirmative Action.
4.7 Application of Nondiscrimination Laws to Religious Institutions.
PART THREE: THE COLLEGE AND ITS FACULTY.
5 Special Issues in Faculty Employment.
5.1 Overview.
5.2 Faculty Contracts.
5.3 Faculty Collective Bargaining.
5.4 Application of Nondiscrimination Laws to Faculty Employment Decisions.
5.5 Affirmative Action in Faculty Employment Decisions.
5.6 Standards and Criteria for Faculty Personnel Decisions.
5.7 Procedures for Faculty Employment Decisions.
6 Faculty Academic Freedom and Freedom of Expression.
6.1 General Concepts and Principles.
6.2 Academic Freedom in Teaching.
6.3 Academic Freedom in Research and Publication.
6.4 Academic Freedom in Religious Colleges and Universities.
PART FOUR: THE COLLEGE AND ITS STUDENTS.
7 The Student/Institution Relationship.
7.1 The Legal Status of Students.
7.2 Admissions.
7.3 Financial Aid.
7.4 Student Housing.
7.5 Campus Computer Networks.
7.6 Campus Security.
7.7 Other Support Services.
8 Rights and Responsibilities of Individual Students.
8.1 Disciplinary and Grievance Systems.
8.2 Disciplinary Rules and Regulations.
8.3 Grades, Credits, and Degrees.
8.4 Procedures for Suspension, Dismissal, and Other Sanctions.
8.5 Student Protests and Freedom of Speech.
8.6 Speech Codes and the Problem of Hate Speech.
8.7 Student Files and Records.
9 Rights and Responsibilities of Student Organizations and Their Members.
9.1 Student Organizations.
9.2 Fraternities and Sororities.
9.3 The Student Press.
9.4 Athletics Teams and Clubs.
PART FIVE: THE COLLEGE AND THE OUTSIDE WORLD.
10 The College and Government.
10.1 Local Government Regulation.
10.2 State Government Regulation.
10.3 Federal Government Regulation.
10.4 Federal Aid-to-Education Programs.
10.5 Civil Rights Compliance.
11 The College and External Private Entities.
11.1 Education Associations.
11.2 Business Partners.
Appendices.
A. Constitution of the United States of America: Provisions of Particular Interest to Postsecondary Education.
B. The American Court System.
C. Reading and Analyzing Court Opinions.
D. Glossary of Legal Terms.
Bibliography.
Statute Index.
Case Index.
Subject Index.